New recall powers

The Queensland Government’s ability to recall unsafe electrical equipment was recently strengthened by an amendment to the Electrical Safety Act 2002 (the Act). The amendment ensures the government can act quickly if there is evidence an electrical product poses a community safety risk.

Under the new law, which commenced on 22 September 2009, the Minister for Industrial Relations may make a recall order directed at a designer, manufacturer or importer of electrical equipment, if the Minister believes certain electrical equipment is placing or will place persons or property at electrical risk.

The designer, manufacturer or importer becomes the ‘responsible person’ for the recall order and is liable for any cost incurred in complying with a recall order.

As part of a recall, a supplier (including distributors and retailers) may be required to provide ‘reasonable help’ to the ‘responsible person’ undertaking the recall. Examples of ‘reasonable help’ include stopping the supply of the electrical equipment, identifying or assisting in contacting people supplied with the electrical equipment and providing information regarding the number of items in stock, sold or returned by customers.

Failure to comply with the requirements of a recall order by the ‘responsible person’ is a breach of an electrical safety obligation, attracting hefty penalties of up to 2000 penalty units (a maximum of $1 million) or three years imprisonment.

Failure to provide ‘reasonable help’ by a supplier attracts a maximum penalty of 50 penalty units (a maximum of $25,000).