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Who carries the obligations
The Australian business that first supplies a product usually carries the main obligations. Product safety law applies to every supplier: retailers, wholesalers, distributors, importers and manufacturers. For in-scope electrical equipment, the EESS names a responsible supplier: the person or legal entity that manufactures the equipment in Australia or New Zealand, or imports it.
The responsible supplier must be an Australian or New Zealand legal entity with an ABN or a New Zealand IRD number, so an overseas factory cannot take the role itself. It can supply through a local importer or distributor that registers, as covered in how to find a distributor in Australia, or set up its own entity, as explained in setting up a company in Australia. Either way, put compliance responsibilities in writing before the first shipment.
Mandatory standards, bans and recalls
Mandatory standards and bans set the baseline for consumer goods. There are two kinds of mandatory standard: safety standards, covering matters such as a product's performance, composition, design, construction and packaging; and information standards, which set what consumers must be told, such as ingredient labels on cosmetics or care labels on clothing. Some products are banned outright.
Regulation of general consumer goods is shared between the Australian Competition and Consumer Commission (ACCC) and state and territory regulators, and the ACCC's Product Safety Australia website lists the current mandatory standards and bans. Selling non-compliant products can lead to penalties and recalls, and in some cases suppliers must notify the ACCC about a product safety problem.
Electrical products: the EESS and the RCM
The EESS is the Australian and New Zealand framework for household electrical equipment safety. Equipment is in scope when it is rated above 50 V AC (or 120 V ripple-free DC) and below 1000 V AC (or 1500 V ripple-free DC), and is designed or marketed as suitable for household, personal or similar use. Equipment that is also sold for commercial or industrial use can still be in scope.
| Level | Risk | Evidence required | Equipment registration |
|---|---|---|---|
| Level 1 | Low or unknown: not listed as Level 2 or 3 | Evidence of compliance with the relevant standard; a certificate of suitability is optional | Not required, but the responsible supplier must be registered |
| Level 2 | Medium risk, listed in AS/NZS 4417.2 | Evidence of compliance plus a compliance folder; certificate optional | Required |
| Level 3 | High risk, listed in AS/NZS 4417.2 | Evidence of compliance plus a certificate of conformity | Required |
To sell in-scope equipment, the responsible supplier must register on the EESS database, declare that the equipment is electrically safe and meets the relevant standards, and mark it with the Regulatory Compliance Mark (RCM) in line with AS/NZS 4417.1 and 4417.2. The RCM may only be used on in-scope equipment that complies with the EESS. Wholesalers, retailers and online sellers further down the chain must buy from a registered responsible supplier and check registration and marking.
The EESS applies in its participating jurisdictions, so confirm requirements with the electrical safety regulator in each state where you sell, such as Energy Safe Victoria.
Testing and evidence
Evidence of compliance is usually a test report against the relevant standard, identifying the product (type, model and batch number), the testing agency, the standards, the tests and the results.
For Level 3 equipment, testing must be done by an accredited laboratory: in Australia, typically one accredited by NATA (the National Association of Testing Authorities); overseas, one accredited by a signatory to the ILAC mutual recognition arrangement, or a laboratory accepted under the IECEE CB Scheme. For Levels 1 and 2, the EESS recommends an accredited laboratory. Either way, the supplier remains responsible for showing the equipment is safe.
- Reports match the modelSame model, ratings and key components as the product you will ship, tested to the standard that applies in Australia.
- Accreditation covers the standardNot every laboratory is accredited for every standard, so check the scope, not just the logo.
- Certificates where requiredA certificate of conformity for Level 3 equipment before it is registered and sold.
- Changes are controlledThe factory agrees to tell you before changing components, since a changed product may need new testing.
Energy efficiency: GEMS registration
Appliances and equipment regulated under the Greenhouse and Energy Minimum Standards (GEMS) Act 2012 must be registered with the GEMS Regulator before they can be supplied in Australia. Depending on the product, registration may require meeting minimum energy performance standards (MEPS) or displaying an energy rating label. GEMS covers product types set out in determinations, such as LED lamps, so first check whether yours is in scope.
Anyone in the supply chain with an appropriate connection to the model can register it, including the importer. Most registrations need a test report, usually provided by the manufacturer. GEMS is separate from the EESS, so one appliance can need both.
Other regimes and a practical order of work
Other regimes may also apply, so map every rule before ordering stock. Imported food must meet the Australia New Zealand Food Standards Code; businesses importing industrial chemicals for commercial purposes, including in products such as cosmetics, paint and cleaning products, must register with the Australian Industrial Chemicals Introduction Scheme (AICIS).
- Describe the product and marketWhat it is, who will use it and which states you will sell in.
- Map the rulesMandatory standards and bans, EESS scope and level, GEMS determinations and any other regime.
- Name the Australian responsible partyDecide who imports and registers, and write responsibilities into the distribution agreement.
- Test and certifyUse accredited laboratories, obtain required certificates and keep one compliance file.
- Register and markRegister the supplier and equipment on the EESS, register GEMS products, then apply the RCM and labels.
- Keep it currentRe-check when standards, components or suppliers change.
This guide is general information. Confirm your obligations with the relevant regulator, and get legal advice for anything unclear. Optivise AI's Certification & Compliance service maps requirements for each product, plans testing with accredited laboratories and supports EESS and GEMS registration.
Accredited laboratories issue test reports and certifiers issue certificates, so preparation by Optivise AI is not a guarantee of approval. Legal obligations stay with the responsible supplier. Scope and fees are agreed in each proposal.
Questions
Who is responsible for product compliance when importing into Australia?
The Australian business that imports or first supplies the product carries most of the obligations. Product safety law applies to every supplier, and for in-scope electrical equipment the EESS responsible supplier is the Australian or New Zealand manufacturer or importer. An overseas manufacturer cannot take that role itself, so it needs a local importer, distributor or entity.
What is the RCM mark?
The Regulatory Compliance Mark (RCM) is the single compliance mark used on electrical equipment in Australia and New Zealand. Under the EESS, responsible suppliers must mark in-scope equipment with the RCM in line with AS/NZS 4417.1 and 4417.2, and may only use it on equipment that complies. Sellers further down the supply chain must check it is applied.
Do I need to register electrical products under the EESS?
The responsible supplier must register before selling any in-scope electrical equipment. Level 2 and Level 3 equipment must also be registered individually, and Level 3 needs a certificate of conformity. Level 1 equipment does not need equipment registration, but the supplier must hold evidence that it meets the relevant standard and still apply the RCM.
What is GEMS registration?
GEMS registration is the energy efficiency registration for appliances and equipment regulated under Australia's Greenhouse and Energy Minimum Standards Act 2012. In-scope products must be registered with the GEMS Regulator before they can be supplied, and may need to meet minimum energy performance standards or carry an energy rating label.
Can I use test reports from an overseas laboratory?
Often, yes. For EESS Level 3 equipment, the report must come from an accredited laboratory, which can be overseas if its accreditation body signs the ILAC mutual recognition arrangement or it is accepted under the IECEE CB Scheme. For Levels 1 and 2, accredited reports are recommended. Check that the accreditation covers the standard.
Do Australian product safety standards apply to overseas online sellers?
Yes. Australian mandatory standards and product safety rules apply to overseas businesses that sell to Australian consumers online, as well as to local businesses. Banned products cannot be supplied, and goods must meet any mandatory standard that applies. Check the ACCC's Product Safety Australia website for current standards and bans before listing a product. Certification & Compliance
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