Penalties for breaching your obligations
The maximum civil pecuniary and criminal penalties for a body corporate are the greater of:
- $10 million, or
- three times the value of the benefit obtained from the offence, or act or omission, by the body corporate and any related bodies corporate if the benefit obtained can be determined by the court, or
- if the court cannot determine the value of the benefit, 10 per cent of the annual turnover of the body corporate.
The maximum penalty for a person is $500,000.
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Your obligation
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Section of the Competition and Consumer Act Schedule 2 - Australian Consumer Law
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Civil penalty section of the Act
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Criminal penalty section of the Act
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You must not supply or offer to supply goods if: (a) a safety standard for consumer goods of that kind is in force; and (b) those goods do not comply with the standard.
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106(1)
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224(3)
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194(1)
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You must not offer to supply goods that are prohibited by 106(1).
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106(2)
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224(3)
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194(2)
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You must not manufacture, possess or have control of goods that are prohibited by 106(1).
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106(3)
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224(3)
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194(3)
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You must not export goods that are prohibited by 106(1) without written permission from the Commonwealth Minister who administers the Australian Consumer Law.
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106(5)
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224(3)
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194(5)
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You must not supply product-related services if: (a) a safety standard for services of that kind is in force; and (b) those services do not comply with the standard.
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107(1)
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224(3)
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195(1)
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You must not offer to supply product-related services that are prohibited by 107(1).
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107(2)
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224(3)
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195(2)
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You must not supply goods if an interim ban or permanent ban on goods of that kind is in force in the place where the supply occurs.
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118(1)
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224(3)
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197(1)
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You must not offer to supply goods that are prohibited by 118(1).
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118(2)
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224(3)
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197(2)
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You must not manufacture, possess or have control of goods that are prohibited by 118(1).
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118(3)
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224(3)
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197(3)
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You must not export goods that are prohibited by 118(1) without written permission from the Commonwealth Minister who administers the Australian Consumer Law.
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118(5)
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224(3)
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197(5)
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You must not supply product-related services if an interim ban or permanent ban on services of that kind is in force in the place where the supply occurs.
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119(1)
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224(3)
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198(1)
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You must not offer to supply product-related services that are prohibited by 119(1).
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119(2)
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224(3)
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198(2)
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You must comply with any requirements of a recall notice.
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127(1)
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224(3)
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199(1)
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You must not supply goods that have been recalled.
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127(2)
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224(3)
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199(2)
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You must not supply goods if: (a) an information standard for goods of that kind is in force; and (b) you have not complied with that standard.
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136(1)
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224(3)
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203(1)
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You must not offer to supply goods that are prohibited by 136(1).
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136(2)
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224(3)
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203(2)
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You must not manufacture, possess or have control of goods that are prohibited by 136(1).
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136(3)
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224(3)
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203(2)
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You must not supply services if: (a) an information standard for services of that kind is in force; and (b) you have not complied with that standard.
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137(1)
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224(3)
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204(1)
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You must not offer to supply services that are prohibited by 137(1).
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137(2)
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224(3)
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204(2)
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Maximum civil pecuniary and criminal penalties: $16,500 (body corporate), $3,300 (person)
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Your obligation
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Section of the Competition and Consumer Act Schedule 2 - Australian Consumer Law
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Civil
penalty section of the Act
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Criminal
penalty section of the Act
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If you send a notice to an overseas consumer about a compulsory recall, you must give a copy of the notice to the Minister who issued the recall within 10 days.
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125(4)
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224(3)
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200
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If you voluntarily recall goods, you must give the Commonwealth Minister a written notice that complies with 128(7) within two days.
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128(2)
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224(3)
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201(1)
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If you send a notice to an overseas consumer about a voluntary recall, you must give the Commonwealth Minister a copy of the notice within 10 days.
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128(6)
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224(3)
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201(2)
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If you become aware of a death, serious injury or illness that may have been caused by the use or foreseeable misuse of goods you supplied, you must give the Commonwealth Minister a written notice that complies with 131(5) within two days.
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131(1)
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224(3)
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202
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Maximum criminal penalties: $22,000 (body corporate), $4,400 (person)
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Your obligation
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Section of the Competition and Consumer Act Schedule 2 - Australian Consumer Law
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Civil penalty section of the Act
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Criminal penalty section of the Act
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If a safety standard contains more than one set of requirements as alternative methods of complying, you must nominate your chosen set of requirements to the product safety regulator on request.
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108
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N/A
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196
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