On 13 May 2005 the Trade Practices (Consumer Product Safety Standard)(Baby Bath Aids) Regulations 2005 came into effect. The new regulations, which require baby bath aids to be labelled with a warning about use of these products, aim to reduce the incidence of drownings caused by lack of adequate supervision by parents and carers using baby bath aids. The complete Baby Bath Aid Regulations can be found on the Federal Register of Legislative Instruments.
On 19 May, Graeme Samuel, ACCC Chairman, and the Hon Chris Pearce MP, Parliamentary Secretary to the Treasurer, publicly launched a Baby Bath Aids safety initiative at the Royal Children's Hospital in Melbourne. The safety initiative includes new ACCC brochures and publicity material to support the new regulations coming into force.
For further information about the initiative contact the ACCC Infocentre on 1300 302 502.
IMB Group Pty Ltd & Ors v ACCC & Ors
In September 2004 the ACCC and four of its current and former officers were served with a damages claim filed in the Supreme Court of Queensland by IMB Group Pty Ltd (in liquidation), Logan Lions Limited (in liquidation) and others [collectively referred to as the IMB Group] alleging misconduct by the ACCC and its officers arising from proceedings against the IMB Group in the Federal Court for alleged breaches of ss. 52 and 47 of the Trade Practices Act 1974. In the Federal Court proceedings, the ACCC was partially successful at first instance, but not on appeal. The Supreme Court claim was filed in 1999 and renewed at six monthly intervals until September 2004, when the Registrar refused any further renewal.
In December 2004 the individual defendants filed a notice of motion seeking, by alternative means, summary termination of the IMB Group's claim against them. The ACCC was not a party to this application. On 27 May 2005 Justice Holmes of the Supreme Court of Queensland set aside the decision of the Registrar of 2 February 2004 to renew the IMB Group's claim as against each of the four individuals and declined to grant any renewal of the claim, not having been satisfied that there is or has been in the more recent past good reason to renew the claim. The action against the individuals was dismissed and the IMB Group was ordered to pay costs. The claim against the ACCC is continuing.
