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Improving the Effectiveness of the Consumer Product Safety System: Australian Law Reform in Asia-Pacific Context

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  • L. Nottage

    (University of Sydney)

Abstract

The Australian government is undertaking public consultations over possible improvements to the 2010 Australian Consumer Law (ACL) regime, including again the idea of adding a European-style general safety provision (GSP). To bolster the case for such reform, Part 2 of this paper analyses 2017–2019 data trends from the OECD Global Recalls Portal for Australia compared with several comparable economies, especially in the Asia-Pacific region where Australia now has most of its trade and investment links. The analysis finds a persistently high per capita recall rate for Australia, compared with several jurisdictions including Korea, Japan, and especially the USA. However, the analysis identifies various legal and other factors across the jurisdictions that impact on interpreting such data. Part 3 therefore begins by highlighting some more specific patterns uncovered from an ongoing joint research project comparing child product safety trends particularly in Australia and the USA. It highlights various concerns regarding recalls in Australia, as well as weaknesses in Australia’s ACL regime (in addition to the lack of a GSP), in coordinating with sector-specific regulation, and in private law mechanisms that could more indirectly promote consumer product safety. Some estimated economic costs from current levels of reported injuries, as well as of many recalls, further reinforce the case for adding a GSP. Part 4 concludes that this improvement to the ACL could be combined with some of the other reform options outlined by the Australian government’s Consultation Regulatory Impact Statement, as well as the introduction of a novel “product safety substantiation order” power. The conclusions and analysis should be helpful for other jurisdictions considering product safety law reforms in an increasingly globalized and digital economy, and draw already on comparisons with regulatory regimes and issues particularly in the Asia-Pacific region.

Suggested Citation

  • L. Nottage, 2020. "Improving the Effectiveness of the Consumer Product Safety System: Australian Law Reform in Asia-Pacific Context," Journal of Consumer Policy, Springer, vol. 43(4), pages 829-850, December.
    • Handle: RePEc:kap:jcopol:v:43:y:2020:i:4:d:10.1007_s10603-020-09459-9
    DOI: 10.1007/s10603-020-09459-9
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    References listed on IDEAS

    as
    1. D. Wei, 2020. "From Fragmentation to Harmonization of Consumer Law: The Perspective of China," Journal of Consumer Policy, Springer, vol. 43(1), pages 35-56, March.
    2. Productivity Commission, 2006. "Review of the Australian Consumer Product Safety System," Research Reports, Productivity Commission, Government of Australia, number 19.
    3. Z. Zakaria, 2015. "Regulation of Cosmetics: What has Malaysia Learnt from the European System?," Journal of Consumer Policy, Springer, vol. 38(1), pages 39-59, March.
    4. G. Howells, 2020. "Protecting Consumer Protection Values in the Fourth Industrial Revolution," Journal of Consumer Policy, Springer, vol. 43(1), pages 145-175, March.
    Full references (including those not matched with items on IDEAS)

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