How do I know if a product is safe to buy?

In Plain English

Based on the provided information, here's how you can assess the safety of a product before buying it:

  1. Check for Acceptable Quality: Under the Competition and Consumer Act 2010, goods must be of "acceptable quality," meaning they are fit for their intended purpose, look good, are free from defects, safe, and durable. Consider what a reasonable person would think, knowing the product's condition (including hidden defects).
  2. Disclosed Defects: If a seller points out specific flaws before you buy something, it's understood you're accepting those. But if those flaws weren't disclosed, the product should still meet acceptable quality standards.
  3. Examine the Goods: If you inspect the product before buying and should have noticed it wasn't up to par, you can't later claim it's not of acceptable quality.
  4. Fitness for Purpose: According to the Competition and Consumer Act 2010, if you tell the seller what you need the product to do, there's a guarantee it'll be reasonably fit for that purpose. This doesn't apply if you don't rely on the seller's expertise or it's unreasonable to do so.
  5. Description and Samples: If you're buying based on a description or a sample, the product should match that description or sample (Competition and Consumer Act 2010).
  6. Second-Hand Plant (Equipment): If buying second-hand equipment for use in a workplace, the supplier must ensure it's safe as reasonably possible and provide written notice of any faults (Work Health and Safety (Managing Risks of Plant in the Workplace) Code of Practice 2015).
  7. Warnings and Standards: Check for required warnings on products or packaging, especially for items like button batteries, where specific safety standards exist (Trade Practices (Consumer Product Safety Standards) Regulations 1979, Consumer Goods (Products Containing Button/Coin Batteries) Safety Standard 2020, Consumer Goods (Products Containing Button/Coin Batteries) Information Standard 2020).
  8. Online Products: If buying online, look for warnings in the product description, particularly for items like button batteries (Consumer Goods (Products Containing Button/Coin Batteries) Information Standard 2020).

Detailed Explanation

To determine if a product is safe to buy, several factors and pieces of legislation come into play:

  • Acceptable Quality (Section 54 of the Competition and Consumer Act 2010): This section establishes a guarantee that goods supplied to a consumer are of acceptable quality. Acceptable quality is defined by several criteria:

    • Fitness for purpose
    • Acceptable appearance and finish
    • Freedom from defects
    • Safety
    • Durability

    These factors are judged from the perspective of a reasonable consumer who is fully aware of the product's condition, including any hidden defects. The matters considered include the nature of the goods, their price, statements on packaging or labels, representations made by the supplier or manufacturer, and any other relevant circumstances. * Disclosure of Defects (Section 54(4) and (5) of the Competition and Consumer Act 2010): If specific defects are brought to the consumer's attention before the sale, or if the defects are clearly displayed with the goods, the goods are still considered to be of acceptable quality with respect to those disclosed defects. * Consumer Examination (Section 54(7) of the Competition and Consumer Act 2010): If a consumer examines goods before agreeing to the supply, the goods do not fail to be of acceptable quality if the examination should have revealed the defects. * Fitness for Disclosed Purpose (Section 55 of the Competition and Consumer Act 2010): This section provides a guarantee that goods are reasonably fit for any disclosed purpose. A disclosed purpose is a particular purpose for which the consumer is acquiring the goods, and that purpose is made known to the supplier or manufacturer. This guarantee does not apply if the consumer does not rely on the skill or judgement of the supplier or manufacturer, or if it is unreasonable to do so. * Supply by Description or Sample (Sections 56 and 57 of the Competition and Consumer Act 2010): If goods are supplied by description, there is a guarantee that the goods correspond with that description. If goods are supplied by reference to a sample or demonstration model, there are guarantees about the quality of the goods compared to the sample. * Second-Hand Plant Safety (Work Health and Safety (Managing Risks of Plant in the Workplace) Code of Practice 2015): Suppliers of second-hand plant must ensure, as far as reasonably practicable, that the plant is without risks to health and safety. They must identify faults and provide written notice of the plant's condition and any identified faults. * Warnings and Safety Standards (Trade Practices (Consumer Product Safety Standards) Regulations 1979, Consumer Goods (Products Containing Button/Coin Batteries) Safety Standard 2020, Consumer Goods (Products Containing Button/Coin Batteries) Information Standard 2020): Certain products, such as those containing button/coin batteries, are subject to specific safety and information standards. These standards often require warnings to be placed on the goods or their packaging. * Online Supply of Goods with Button/Coin Batteries (Consumer Goods (Products Containing Button/Coin Batteries) Information Standard 2020): If consumer goods containing button/coin batteries are supplied online, a warning about the batteries should be included in the goods' description, clearly visible, prominent, and legible.