Seeking qualified advice when compliance evidence is unclear

Seek qualified advice when the applicable rule, a product's classification or the evidence for the goods remains uncertain. Give the adviser the current specification and a precise question. Keep the affected sourcing or supply decision open until you understand the answer and its limits.

Match the question to the adviser

A question about whether an Australian mandatory standard applies may call for a lawyer experienced in product safety. A disputed test method or result may call for the laboratory or another competent technical specialist. An accreditation-scope question can be checked with the accreditation body. Electrical goods, food and therapeutic goods may require expertise in their specialist regimes.

The ACCC provides guidance and searches, but it does not give legal advice on which standards a product must meet or test products for compliance. Its general guidance is not an approval of a proposed product.

Prepare a focused brief

Provide the product specification, variants, intended use and Australian sales claims. Include the reports, certificates, identified rules and any changes since testing.

Add supplier or factory details where they matter to the question, along with relevant order and planned supply dates. Distinguish verified documents from supplier assertions.

Ask a question that identifies the decision at stake. For example: 'Does this requirement cover the variant with this component?' or 'Does this report cover the relevant clauses for the current model?' Ask the adviser to identify the documents reviewed, assumptions, applicable rule and date, conclusion, limitations and any further evidence needed.

Record the answer and act on its limits

Compare the advice with the version you will actually order and supply. An opinion about one variant or an earlier design may not cover another. If test reports conflict, check whether they address the same specification and methods; discuss the discrepancy with the laboratory and NATA where relevant.

Record the issue, advice date, adviser's relevant expertise, evidence considered, conditions, next action and decision owner. If a material gap remains against an applicable mandatory standard, obtain further evidence before supply. The business supplying the goods remains responsible for its product-safety obligations.

Reopen the question if a material, design, production method, sales claim or relevant rule changes. Check whether the earlier advice still fits the revised facts.

Compliance Responsibility Facts – Australia