Christopher Marsh
Christopher specialises in competition and consumer law advice and litigation, often advising franchisors on the Franchising Code of Conduct and resolving franchisee disputes.
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The ACCC will begin a series of expedited reviews of existing mandatory standards from July 2025, as part of a push to support innovation, reduce costs and expand safe product choices. Speaking at the ACCC’s annual National Consumer Congress on 27 June 2025, ACCC Chair Ms Gina Cass-Gottlieb announced the ACCC’s product safety priorities for the new financial year. In addition to the review of mandatory standards, online product safety and (as always) the safety of young children will be under the ACCC’s microscope, as the competition regulator seeks to use its powers to deliver real and immediate benefits for Australian consumers in the area of product safety.
Ms Cass-Gottlieb’s announcement of an expedited review of existing mandatory standards comes off the back of amendments made to the Australian Consumer Law (ACL) in late 2024. Those amendments were made to improve the flexibility and enforceability of Australian safety standards and information standards by making it easier for the Commonwealth Minister to recognise and include trusted overseas standards in safety and information standards made under the ACL. Given consumer goods are often manufactured and tested to safety standards developed in other major economies (e.g. the USA and UK), reform was required in order to:
Ms Cass-Gottlieb said the ACCC’s review will consider which voluntary overseas and international standards should be added as compliance options for Australian mandatory standards, helping ensure mandatory standards are up to date and to lower compliance costs for businesses. This will be welcome news for businesses which supply products subject to Australian safety standards, if their products are already compliant with overseas standards.
In a continuation of one of its 2024-25 product safety priorities, the ACCC will continue to focus on reducing the prevalence of high-risk, unsafe consumer products sold online. Ms Cass Gotleib said the ACCC remains concerned about the overall volume of these products available through online marketplaces. This concern was backed up by the removal in the 2023-24 financial year of over 23,000 unsafe products listed on the websites of signatories to the Australian Product Safety Pledge.
Ms Cass Gotleib said the ACCC will use a combination of regulation, education (for both consumers and for businesses), compliance and enforcement tools, where appropriate, to achieve effective outcomes for consumers in this area. Given the ACCC didn’t take any strict enforcement action in this area in 2024, we predict a significant lift in enforcement action in this area this year and next.
Additionally, the ACCC will focus on:
The 2024/25 financial year was perhaps the ACCC’s busiest year in recent memory in the product safety enforcement space. Of particular note, in the last 12 months, the ACCC:
Despite the above, the ACCC did not take any enforcement action regarding several of its FY24/25 priorities, including sustainability-related issues (e.g. lithium-ion battery safety risks) and online marketplaces. Given its increased product safety enforcement activity last year and the fact that these issues remain a priority in the new financial year, we expect the ACCC to take enforcement action in relation to these issues within the next 12 - 18 months, while continuing its broader enforcement and education work. It is a timely reminder suppliers at all levels of the supply chain need to be extra vigilant to ensure their compliance with the ACL and that they meet relevant product safety standards.
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Christopher specialises in competition and consumer law advice and litigation, often advising franchisors on the Franchising Code of Conduct and resolving franchisee disputes.
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