ss. 52, 53(a), 53(c). Deceptive or misleading conduct, false or misleading representations regarding quality, standard, grade and performance characteristics.
Melton Craft Pty Ltd has provided court enforceable undertakings to the ACCC after representing that particular woodheaters met with the prescribed Australian/New Zealand Standard AS/NZS 4013. The standard is used to regulate the maximum particle emission rates in most states and territories within Australia, and also stipulates that models tested must comply with design drawings submitted by the manufacturer as well as specified labelling requirements.
In late 2003 the Department of the Environment and Heritage published a national woodheater audit program final report. The report details testing that was undertaken by the Australian Home Heating Association Testing Laboratory of the 12 most popular nationally available woodheater models which were tested for emissions and design specifications, with a further 35 models tested for design specifications alone. Results published in the report showed that non-compliance was significant.
The ACCC considers that as a result, Melton Craft Pty Ltd was likely to have breached ss. 52, 53(a) and 53(c) of the Trade Practices Act by misrepresenting that its’ woodheater(s) comply with the standard as labelled when upon testing it has been discovered they do not.
Melton Craft Pty Ltd has given court enforceable undertakings that it will:
for a period of three years, ensure that all woodheaters supplied by it will comply with the standard
implement and maintain a trade practices compliance program.
The ACCC noted that Melton Craft Pty Ltd volunteered to participate in the DEH study, and products from all other woodheater companies have not been tested.
