Smith Broughton Pty Ltd trading as Smith Broughton & Sons

On 17 February 2000, Smith Broughton Pty Ltd trading as Smith Broughton & Sons (Smith Broughton) sold at an auction in Perth 20 aluminium trolley jacks [the Jack(s)], which do not comply with the mandatory product safety standard for hydraulic trolley jacks, being Australia/New Zealand Standard AS/NZS 2615:1995 (the Standard).

The Jacks were labelled as having a capacity of 4000lbs (1814.4kg), however testing of an identical jack has revealed it to only have a capacity of 750kg.

Furthermore, the Jack also did not comply with the Standard in relation to marking, packaging and instruction requirements

The ACCC considers that as a result, Smith Broughton was likely to have breached section 65C of the TPA by supplying goods that are intended to be used by a consumer, and which were of a kind in respect of which there is a prescribed consumer product safety standard, which did not comply with the standard

Smith Broughton therefore acknowledges and admits that its supply of the Jacks described above contravened section 65C of the TPA

Smith Broughton has given court-enforceable undertakings that it:

• will write to and provide all customers who purchased the Jack at the auction on 17 February 2005 a full refund of the purchase price;
• will not for a period of 5 years supply goods of which there is a prescribed consumer product safety standard and which do not comply with that standard; and
• will implement and maintain a trade practices compliance program