Federal Court orders Beaver Sales to stop supply of high lift jacks which do not meet product safety standard

The Federal Court in Sydney has stopped Beaver Sales Pty Limited from supplying general purpose jacks that do not comply with the prescribed consumer product safety standards*.

The Australian Competition and Consumer Commission had alleged that Beaver supplied Black Rat Power Lifter high lift jacks that could not lift their nominated weight.

The court also ordered that Beaver Sales conduct a consumer recall of the Black Rat Power Lifters and pay the ACCC legal costs of $70,000.

Further, the court declared that by falsely representing on its website, packaging and in test certificates provided to purchasers, that the Black Rat Power Lifters complied with the relevant mandatory safety standards, for a maximum lift capacity of 3175 kilograms, Beaver Sales breached sections 52, 53(a) and 53(c) of the Act.

Independent testing found that sample Black Rat Power Lifters failed durability testing at weights of less than 3175 kg. The samples also failed the overload capacity testing.

"The ACCC is very concerned about the potentially serious safety hazard to consumers posed by the Black Rat Power Lifter, given that the product was unable to lift its nominated weight," ACCC Chairman, Mr Graeme Samuel, said today. 

"Consumers are entitled to be confident that the vehicle jacks they buy are safe and can lift the weight the jacks claim they are able to lift."

In granting the relief, Justice Cowdroy made further orders:

• restraining Beaver Sales for a period of four years from representing that any general purpose jack has been fully tested against and/or complies with an Australian Standard when it does not, or that it has a particular maximum lift capacity when it does not, and
• Beaver Sales establish a trade practices compliance program, to be independently reviewed and reported on.

All the orders were obtained with the consent of Beaver Sales.

"Suppliers must ensure that their products are correctly tested against any mandatory safety standards to avoid placing consumers at risk," Mr Samuel said. 

"The ACCC will vigorously enforce product safety requirements to ensure that the public is protected."

Background

*Section 65C(1) of the Trade Practices Act 1974 deals with compulsory consumer product safety standards.  In this case, the relevant standards are Australian and New Zealand Standards AS/NZ2693:1993 and AS/NZ2693:2003

Further information about mandatory safety standards can be found on the ACCC's website. Copies of mandatory safety standards can be purchased from Standards Australia or online at www.saiglobal.com/shop.