In or around June 2003, TWM Imports Pty Ltd (TWM) contracted ASEMA International Pty Ltd (ASEMA) to test a trolley jack. ASEMA agreed to test the jack for compliance with Australian Standard AS/NZS 2615:1995.
Following testing, ASEMA issued a “Compliance Certificate” to TWM. The Compliance Certificate, issued by ASEMA, states among other things: “This Trolley Jack meets the requirements of Clause 6 – Performance of Australian Standards AS/NZS 2615:1995.”
The ACCC received a complaint alleging that the jack did not meet the Australian Standard AS/NZS 2615:1995, and consequently arranged to have the jack tested by an accredited testing facility.
The jack has failed testing on 3 separate occasions, and the ACCC is of the view that in issuing the Compliance Certificate to TWM, ASEMA has breached sections 52 and 53(aa) of the TPA.
ASEMA has given court-enforceable undertakings that it will:
for a period of three years cease to use the words “compliance certificate” when issuing test certificates
for a period of three years will ensure that all test certificates issued will include all assumptions made and the context of the testing and
