When considering if a good is safe, the ACL says a reasonable consumer takes into account:
• the nature of the good2
• the price of the good3
• any statement or representation made about the good, either on the packaging or by the supplier or manufacturer of the good.4 A reasonable consumer would also take into account any other relevant circumstances,5 which could include: • instructions and warnings for assembly and use • the age of the good and the amount of usage and maintenance received • any existing mandatory safety standards and bans.
A. The nature of the good When deciding whether a good is safe, the law says a reasonableconsumer considers the nature of the good including:
• the normal circumstances of the good’s use
• the inherent risks associated with using goods of that kind
• consumable parts of the good that need to be replaced for the good to remain safe.
B. Price and features of the goods Sometimes expensive products may have safety features that cheaper versions do not.
C. Statements made about the goods When a good is marketed for a specific purpose, and the good is unsafe for that purpose, the good will likely fail the consumer guarantee for acceptable quality
D. Other relevant circumstances Instructions and warnings Some goods, particularly complex goods, will come with documentation such as instruction manuals and warnings that advise consumers on the product’s safe usage. If a user can use a product safely by following instructions and observing warnings, then as a general rule, the product will be considered safe
Whether a good is safe will depend in part on the good’s likely user(s). In order to meet the acceptable quality consumer guarantee, goods targeted at, or likely to be used by, vulnerable groups of consumers may need to be safer than other kinds of goods. For example, goods targeted at or likely to be used by children need to account for a child’s decreased ability to identify or understand dangers and that they may use goods in unexpected ways