The ACCC has recently released updated guidance to help businesses understand their mandatory product safety incident reporting obligations under the Australian Consumer Law. Alongside the main guideline, the ACCC has also released a quick reference guide specifically aimed at smaller businesses, and a suite of practical tools to help them assess whether a report is required.
The timing is a good prompt for APPA members to check that their internal processes are up to date.
What the mandatory reporting obligation actually requires
Any business in the supply chain of a consumer good or product-related service must submit a mandatory report to the ACCC within 2 business days of becoming aware of a death, or a serious injury or illness, connected to a product they supply.
That 2-day window is tight, and it applies from the moment anyone in your business becomes aware of the incident.
A serious injury or illness is defined as one that is acute (severe and sudden, not a pre-existing condition), and that requires medical or surgical treatment by or under the supervision of a nurse or medical practitioner, even if that treatment was not actually received.
Critically, the obligation applies regardless of how you find out about the incident. If it comes to your attention, the clock starts.
Who in the supply chain is covered
The obligation applies to most participants in the supply chain of a consumer good, for example, manufacturers, importers, distributors, retailers, and any business that installs, assembles, repairs, or services a consumer good. For APPA members, this means both distributors sourcing products from suppliers and suppliers providing goods into the promotional products channel are potentially within scope.
What the updated guidance includes
The ACCC's July 2026 update provides:
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A detailed guideline covering mandatory reporting obligations in full, including who must report, what triggers a report, and how to submit one. |
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A quick reference guide designed for smaller businesses that need a concise summary of their obligations. |
The ACCC has also flagged that mandatory reports are confidential and will not be disclosed unless consent is obtained from the business or the ACCC is required or authorised by the law to disclose a report.
Voluntary reporting — why the ACCC encourages it
The updated guidance also recommends that businesses report near-misses, incidents that could have caused death, serious injury or illness, but did not in that instance, on a voluntary basis. Reporting product safety incidents is important as it helps protect consumers from unsafe products. The ACCC uses voluntary reports to get an early read on emerging product safety risks before they escalate.
Why this matters for promotional products businesses
Promotional products distributors and suppliers occupy a real position in the consumer goods supply chain. When a branded item is sourced, decorated and delivered to an end client who distributes it to consumers, the businesses involved in that chain can carry product safety obligations that are easy to overlook, particularly when the product originates overseas.
The ACCC has made product safety enforcement a sustained priority. Non-compliance is not treated lightly. And because the obligation arises the moment anyone in the business becomes aware of a qualifying incident, having a clear internal process is essential.
What APPA members should do now
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Read the updated guideline. |
The ACCC's Mandatory Reporting Guideline and Tools page is the starting point, with the full guideline and quick reference guide available to download. The quick reference guide is a practical starting point for smaller operators.
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Brief your team. |
The obligation starts when any employee becomes aware of a qualifying incident. A brief internal communication can significantly reduce the risk of a deadline being missed because information didn't reach the right person in time.
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Think across your supply chain. |
If you import products from overseas or source from suppliers whose quality and safety processes you can't directly verify, consider what your own due diligence and incident tracking looks like. You may be required to report even if the safety issue originated further up the chain.
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Consider voluntary reporting. |
If you become aware of a near-miss, a product that could have caused serious harm but didn't, the ACCC encourages voluntary reporting. It's a lower-risk way to flag potential issues and demonstrates a commitment to consumer safety.
The updated guidance is available now at productsafety.gov.au. The 2-day reporting window doesn't allow for much deliberation once an incident comes to light, so having your process in place before it's needed is the only practical approach.
This advisory is general information only and does not constitute legal advice. Members with specific concerns about their product safety obligations should seek independent legal advice.
Source: ACCC Product Safety, "Mandatory reporting guideline and tools," updated 9 July 2026. Available at productsafety.gov.au.
