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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In the coming year, the ACCC will prioritise safety risks associated with e-bikes, e-scooters and other EMD’s, recognising their rapid uptake and growing role in everyday transport, as well as the corresponding increase in consumer injuries and fatalities caused by these devices. Ms Cass Gotlieb said the ACCC will not just focus on accidents involving these products, but also on the risks associated with the lithium-ion batteries that power the devices, including fire hazards. This focus forms part of a broader government push for the ACCC and Treasury to develop nationally consistent standards for EMD’s in the context of the work being performed by other regulators and agencies regarding road rules and other transport policies. The ACCC’s focus in this space will be on:
The ACCC will continue to focus on three of its 2025-2026 product safety priorities for the new financial year:
Building on its review of the mandatory safety standard framework commenced last year, the ACCC will continue to identify relevant international standards for incorporation into safety and information standards under the Australian Consumer Law. By modernising the mandatory safety standard framework, the ACCC aims to ensure that Australian standards align with international best practice and that businesses' compliance costs are reduced as much as possible.
As online shopping continues to expand, the ACCC is again prioritising product safety risks in online marketplaces (particularly third‑party sellers), such as the sale of unsafe products and challenges with traceability and recalls. To address these issues, and following on from the recent take-down requests issued to Amazon, eBay, Kogan and Fruugo, the ACCC will continue to engage with online marketplaces and businesses to encourage proactive responsibility for the safety of products, and collaborate with regulators nationally and internationally and use compliance and enforcement tools as necessary. The ACCC’s focus in this area signals an expectation that online marketplaces take greater responsibility for product safety.
The ACCC will maintain its long-standing focus on protecting young children from high-risk products, with a focus on compliance with button battery, toppling furniture and infant sleep product mandatory standards. The ACCC will use a combination of compliance and enforcement tools to address these risks and prevent harm in this area.
On the back of possibly its busiest product safety year ever (in 2024-2025), the ACCC’s enforcement activity in the 2025-2026 financial year was consistent with the product safety priorities that it announced in June 2025 - focused on online marketplaces, button battery compliance and children’s safety. Notably, the ACCC:
Interestingly, although lithium-ion batteries were one of the ACCC’s product safety priorities for the past financial year, no enforcement action was taken in this area. However, given the ACCC has now reinforced its concerns regarding safety risks associated with lithium-ion batteries, particularly in the context of EMD’s, we expect enforcement activity to emerge in the coming year.
Businesses involved in the manufacture, importation, distribution or sale of e-micromobility devices, lithium-ion battery products or children's products should proactively assess their compliance with Australian product safety laws. If you would like assistance reviewing your product safety obligations or preparing for increased ACCC enforcement activity, please contact our Consumer Law team.
Christopher specialises in competition and consumer law advice and litigation, often advising franchisors on the Franchising Code of Conduct and resolving franchisee disputes.
View profileShaun has over two decades of expertise in commercial disputes, competition, and consumer law and provides strategic legal solutions to franchising and consumer markets clients.
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