If you import it, you are the supplier under Australian Consumer Law, and the liability is yours, not the factory's. Here's a category-by-category look at which ACCC mandatory safety standards apply to the goods Australian SMEs import most, what documentation to demand before production starts, and what a compliance failure actually costs.
Last updated: 5 September 2026
In short: Under the Australian Consumer Law, the business that imports a product is treated as its supplier. That means if the goods breach an ACCC mandatory safety standard, you wear it, not the factory in Guangdong. Mandatory standards apply to a specific list of product categories, and compliance has to be designed into the order before production starts, because it cannot be retrofitted to a container sitting at Port Botany.
This is the least glamorous part of importing and the one that ends businesses. Let's get into it.
Mandatory safety standards are made under the Australian Consumer Law and set the minimum a product must meet before it can be supplied in Australia. They cover construction, performance, testing, and often labelling and warnings. They sit alongside product bans and mandatory reporting obligations, and the ACCC publishes the current list at productsafety.gov.au.
Two things surprise first-time importers. First, a standard is not optional guidance, it is law. Second, the fact that a Chinese or Vietnamese factory holds a CE mark or an ISO certificate means nothing on its own. European and international standards are not Australian standards.
The categories below cover most of what Aussie SMEs import. This is a starting point for your own check, not a complete list.
| Category | What is regulated | Ask the factory for |
|---|---|---|
| Toys for under-3s | Small parts, choking hazards, mechanical and chemical safety | Test report against the Australian standard, not just EN71 |
| Button and coin batteries | Secure battery compartments, packaging, warnings | Compliance test report and warning artwork approval |
| Children's nightwear | Fire hazard categories and mandatory labelling | Flammability test results and label proofs |
| Prams, strollers, cots | Structure, restraints, warning labels | Full standard test certificate |
| Sunglasses and fashion spectacles | Lens category, UV performance, labelling | Lens category marking and test data |
| Bicycles and helmets | Construction, reflectors, helmet certification | Certification to the Australian standard |
| Electrical goods | Electrical safety and EMC, RCM marking | Evidence for RCM and EESS registration where in scope |
| Cosmetics and skincare | Ingredient labelling, chemical introduction rules | Full ingredient list and AICIS obligations checked |
Electricals are the trap. If your product plugs into a wall, the RCM certification requirements apply and, for in-scope items, the responsible supplier must be registered before the goods are sold. Button batteries have their own dedicated mandatory standards, which we covered in detail in our button battery safety guide.
You are. The overseas manufacturer is generally outside the reach of Australian regulators, so the ACL puts the obligation on the Australian supplier, which for imported goods means the importer. In practice that means a recall at your cost, destruction or re-export of stock, refunds to customers, and potential penalties. Corporate penalties under the ACL run into the tens of millions for serious breaches.
The factory's exposure, meanwhile, is usually limited to whatever your contract says, which is why manufacturing agreements matter.
A Hunter-based homewares brand orders 5,000 decorative LED candle sets from a Ningbo factory at AUD $3.80 each. Everything looks fine. The samples are lovely.
Two problems the brief never mentioned. The units take coin cells, so the button battery standards apply to compartment security, packaging and warnings. And they run off a plug pack, which brings electrical safety and RCM obligations into play.
Caught at the brief stage, both are a specification change and a test report costing a few hundred dollars. Caught after landing in Newcastle, it is 5,000 units that cannot legally be sold, plus freight paid twice. Same product, same factory. The only variable is when someone asked the question.
Check productsafety.gov.au for your category and confirm whether a mandatory standard, ban or labelling rule applies.
Name the specific Australian standard as a condition of acceptance, not a nice-to-have.
Independent lab testing on production samples, not on the golden sample the factory hand-built.
Warnings, age grading and country of origin all need signing off early. Our packaging and labelling guide covers the detail.
Compliance checks belong in the inspection scope alongside your quality control criteria, before you release the balance payment.
No. CE is a European conformity marking. Australian mandatory standards are separate and must be met on their own terms.
Australian Border Force and DAFF screen for prohibited goods and biosecurity risks, but they do not certify that your product meets an ACCC standard. Do not treat clearance as approval.
Ask for the test report, in English, naming the Australian standard and a recognised laboratory. A verbal assurance is worth nothing in a recall.
Yes. Selling channel makes no difference. If you supply to Australian consumers, the standards apply.
Yes. Suppliers have mandatory reporting obligations to the ACCC when they become aware of a death or serious injury associated with a consumer good.
We have sourced more than 20,000 products for over 300 Australian and global clients, with bilingual teams on the ground in China and Vietnam who raise compliance at the brief stage, when it is still cheap to fix. Compliance checks are built into our inspection scope, not bolted on afterwards. See how we handle importing from China to Australia, read our new guide to what a sourcing agent does, or give us a bell.
This article is general information, not legal advice. Confirm your obligations at productsafety.gov.au or with a compliance professional.
