RCM and SDoC Solutions

During a market surveillance or audit check, the authority may request supporting documentation to verify product compliance. For medium risk items, a test report must be available to support the Declaration documentation.

The test report does not necessarily have to be issued by an accredited test laboratory; however, a fully accredited test report remains the most recognised and reliable way of demonstrating compliance. The required test report must be produced within 10 working days upon request. The Declaration must also be made available to a consumer or purchaser if requested.

Yes. Under the Electricity (Safety) Regulations 2010, the Declaration of Conformity must be available to any consumer or purchaser. This requirement is part of the transition to a more transparent compliance regime, ensuring that those buying or using electrical appliances can verify that the product meets the mandatory safety standards.

Furthermore, for medium-risk items you must not only have the Declaration available but also be prepared to produce a supporting test report within 10 days if requested by the regulator during an audit.

Selling or supplying a declared medium risk article without a valid supplier declaration of conformity or proper WorkSafe approval is an offense. Under the Electricity (Safety) Regulations 2010, you must ensure that a declaration has been made and that the article meets all specific terms and conditions required by WorkSafe at the time of sale. You are also legally obligated to provide a copy of the supplier declaration or a supporting test report within 10 days if requested by WorkSafe, a purchaser, or a potential purchaser.

Failure to comply with these requirements makes you liable for a level 2 penalty. For an individual, this carries a fine not exceeding $10,000, and in any other case (such as a company), a fine not exceeding $50,000.

Failing a market surveillance audit can lead to severe legal and financial repercussions. Under the Electricity (Safety) Regulations 2010, non-compliance may result in a level 2 penalty, which carries a fine of up to $10,000 for individuals and up to $50,000 for companies or other entities.

Beyond these immediate fines, the authorities may enforce a prohibition of sale, preventing you from distributing the product until compliance is proven. In cases where a safety risk is identified, a mandatory product recall may be issued, requiring you to retrieve sold items at your own expense. Additionally, such failures often lead to significant damage to your brand reputation and a loss of trust among consumers and retail partners.

This notification informs you that your product has been selected for the annual product compliance check testing program conducted by energy regulators in New Zealand (EECA) or Australia (GEMS Regulator). They perform routine audits to verify that products currently on the market perform as claimed, cross-referencing your brand, model number, and registration ID against the specific test report provided during the application process.

It is critical to ensure that your energy efficiency reports are authentic, valid, and accurately represent the current stock, as these programs ensure a fair marketplace and high standards of energy conservation across both countries. Under the Greenhouse and Energy Minimum Standards (GEMS) Act in Australia or the Energy Efficiency Regulations in New Zealand, failure to pass these checks or providing inaccurate documentation can lead to the cancellation of your registration, public naming of the non-compliant brand, and significant legal penalties.

Yes, it is highly recommended. Factory-provided compliance documents only demonstrate that the product, at the time of testing, met the relevant standards. As an importer, you have an obligation for quality assurance to ensure that the products shipped from the factory match the tested and certified versions.

This is especially critical for key components, which may be changed by the factory without notice. Any substitution of critical components could render the product non-compliant, even if a compliance report exists. Conducting regular factory inspections helps verify that each batch conforms to the certified design and reduces the risk of non-compliant products entering the market.

If you identify an electrical product on the market that appears to be non-compliant or lacks the necessary safety documentation, you can report it directly to the relevant regulators in New Zealand or Australia. Ensuring that all products meet mandatory standards is essential for maintaining consumer safety and a fair, regulated marketplace.

In New Zealand (WorkSafe)
You can submit a formal report through the WorkSafe Unsafe Product Portal:
https://portal.worksafe.govt.nz/report-an-unsafe-product/

In Australia (ACCC / State Regulators)
Electrical safety is managed at the state level (e.g., NSW Fair Trading, Energy Safe Victoria), but you can report unsafe products nationally via the Product Safety Australia (ACCC) portal:
https://www.productsafety.gov.au/contact-us/report-an-unsafe-product

Key information to include in your report:

• Product Identification: Brand, model number, and the location or website where it is being sold.
• Evidence of Non-Compliance: Details on missing Supplier Declarations of Conformity (SDoC), missing RCM marks, or failure to meet specific AS/NZS standards.
• Supporting Documents: Photos of the product labels, packaging, or screenshots of the non-compliant listing.

If you encounter a product that appears to be non-compliant with Minimum Energy Performance Standards (MEPS) or is displaying incorrect energy rating labels, you can report it to the relevant energy regulator. These regulators rely on feedback from industry members, consumers, and competitors to ensure a fair and energy-efficient marketplace in both Australia and New Zealand. Reporting such breaches helps maintain a level playing field for all businesses in the industry.

In Australia (GEMS Regulator)
The Greenhouse and Energy Minimum Standards (GEMS) Regulator manages compliance. You can report suspected non-compliance (such as unregistered products or false efficiency claims) by emailing the compliance team directly:
Email: compliance@gems.gov.au
Details to include: Product brand and model, the retail location (physical or online), and the specific reason for your concern.

In New Zealand (EECA Regulator)
The Energy Efficiency and Conservation Authority (EECA) handles energy regulations. You can submit a report through their dedicated online complaint form:
Portal: EECA – Log a Complaint of Non-Compliance
Process: Provide details about the company, the product, and a description of the alleged non-compliance. EECA may follow up with “check testing” to verify the product’s actual performance.

Under the WELS Regulations and the Fair Trading Act 1986, all manufacturers, importers, and retailers of WELS products in New Zealand are legally responsible for compliance. The Commerce Commission oversees enforcement, and breaches of these Consumer Information Standards can result in fines of up to $30,000 for companies and $10,000 for individuals per offence. Furthermore, the system allows for high levels of accountability: anyone—including consumers and competitors—can report suspected breaches to the Commission, and individuals even have the legal right to pursue private prosecutions through the courts.

Yes, every imported product should have its own branded user manual, and it is extremely important for safety, compliance, and brand reputation. Imported manuals are often not professionally prepared, which can lead to unclear instructions, missing safety warnings, or misleading information. A proper user manual ensures that all regulatory requirements in Australia and New Zealand are met, including safety instructions, disclaimers, and correct operating guidance, helping prevent accidents or product misuse.

Beyond compliance, a professional, branded manual is also a key brand asset. It demonstrates professionalism, builds trust with customers and regulators, and sets your product apart in the market. From my experience as a frontline compliance professional, manuals are frequently reviewed, so accuracy, clarity, and correctness are critical. A well-prepared manual not only protects users and your company but also enhances your brand’s reputation.