Penalties for breaching your obligations
The maximum civil pecuniary and criminal penalties for a body corporate are the greater of:
- $50 million, or
- 3 times the value of the ‘reasonably attributable’ benefit obtained from the offence, act or omission by the body corporate and any related bodies corporate, if the Court can determine such a value; or
- if the Court cannot determine this benefit, 30% of the adjusted turnover of the body corporate for whichever of the following periods is longer:
(a) the 12 months prior to and ending at the month a body corporate ceased committing the offence or the act or omission ceased; or
(b) the period starting the month the body corporate committed the offence, or committing the act or omission and ending at the same time as the period determined above.
The maximum penalty for a person is $2.5 million.
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Your obligation
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Relevant section of the Competition and Consumer Act (Schedule 2 - Australian Consumer Law)
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Provision outlining civil penalty
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Provision outlining criminal penalty
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You must not supply or offer to supply goods if: a safety standard for goods of that kind is in force; and 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 section 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 section 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 section 106(1) without written approval from the Commonwealth Minister who administers 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 safety standard for these services is in force; and 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 section 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 or permanent ban on such goods is in force.
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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 section 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 section 118(1) without written approval from the Commonwealth Minister who administers 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.
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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 section 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 are subject to a recall notice.
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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 an information standard for such goods is in force; and 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 section 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 section 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 an information standard for such services is in force; and 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 section 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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Relevant section of the Competition and Consumer Act (Schedule 2 - Australian Consumer Law)
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Provision outlining civil penalty
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Provision outlining criminal penalty
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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 Commonwealth 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 written notice that complies with section 128(7) within 2 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 section 131(5) within 2 days.
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131(1)
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224(3)
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202
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If you supply product related services and you become aware of a death, serious injury or illness that may have been caused by the use or foreseeable misuse of the consumer goods to which the services relate, or become aware that a person other than the supplier considers that death, serious injury or illness that may have been caused by the use or foreseeable misuse of the consumer goods to which the services relate, you must give the Commonwealth Minister written notice that complies with section 132(5) within 2 days.
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132(1)
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224(3)
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N/A |
Maximum criminal penalties: $22,000 (body corporate), $4,400 (person)
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Your obligation
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Relevant section of the Competition and Consumer Act Schedule 2 - Australian Consumer Law
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Provision outlining civil penalty
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Provision outlining criminal penalty
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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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