Product Safety laws in WA
Product safety laws generally deal with the supply of goods to consumers. The laws provide mechanisms for prohibiting, restricting or placing conditions on the supply of goods deemed or proven to be dangerous, and to enable the recall of such goods.
The legislative framework for product safety in Western Australia is established under the Consumer Affairs Act 1971 and the Fair Trading Act 1987.
The terms “product safety” and “safety” are not defined in either Act but generically relate to the supply of dangerous goods. The scope of products (“goods”) covered is very broad and by definition includes anything that is the subject of trade, manufacture or merchandise. The Consumer Affairs Act defines “dangerous” as “likely to cause death or serious injury to the body or health or any person, whether directly or indirectly.”
The product safety legislation provides for substantial penalties for breaches of the Acts and Regulations. The Department can, and does, prosecute traders who break the law.
Information on regulations and orders is available from the Product Safety Database.
The legislation also allows for infringement notices to be issued so that breaches can be dealt with promptly. For a list of some of product safety offences and their penalties, go to Infringement Notices.
Copies of the legislation are available from the State Law Publisher.