ACCC accepts vehicle jacks undertaking

Caravan manufacturer, Jayco Corporation Pty Ltd, has given the Australian Competition and Consumer Commission a court-enforceable undertaking over the supply of certain vehicle jacks with its caravans.

Between July 2007 and September 2007 Jayco supplied with its caravans certain vehicle jacks being models numbered 100500 and 100501 marked with the statement, 'Complies with AS/NZS 2693:2007'. These vehicle jacks, which Jayco obtained from an Australian jack manufacturer, were not marked with their 'safe working load' or 'working load limit' as required by the prescribed mandatory consumer product safety standard under the Trade Practices Act 1974.

The mandatory standard for vehicle jacks is either of Australian New Zealand Standard AS/NZS 2693:1993 – Vehicle Jacks, or Australian New Zealand Standard AS/NZS 2693:2003 – Vehicle Jacks. The mandatory standard is based on the 1993 and 2003 vehicle jacks standards which are published by Standards Australia.

In February 2007, Standards Australia published a new standard for vehicle jacks. Jayco believed this 2007 standard was the mandatory standard for vehicle jacks for the purposes of the Act. This was not the case*.

The ACCC was concerned Jayco's failure to state the jack's 'safe working load' or 'working load limit' as required by the mandatory standard posed a potential serious safety risk. The ACCC was also concerned the jack represented it complied with the 2007 standard when this may not have been the case.

The ACCC acknowledges Jayco's co-operation in resolving this matter by promptly ceasing supply of the jacks, undertaking a voluntary national product safety recall and giving an undertaking which includes an upgraded trade practices compliance program with a focus on prescribed consumer product safety standards.

"Each year around 160 accidents resulting in deaths and serious injuries are linked to the use of vehicle jacks," ACCC Chairman, Mr Graeme Samuel, said. "The marking of vehicle jacks with all the information required by the mandatory standard including a vehicle jack's safe working load or limit is intended to reduce the likelihood of such injuries occurring.

"Business operators need to be aware of all mandatory consumer product safety standards which are relevant to the products they supply and must ensure their products comply with those standards."

The ACCC's website includes a full list of the mandatory product safety standards which can be accessed by visiting the For businesses page.

Background

* Standards Australia publishes numerous standards in relation to many matters. However, the mere fact of publication of standards does not make them mandatory under the Trade Practices Act 1974. A standard can be made mandatory by a trade practices regulation or declared by the Minister in a consumer protection notice registered on the Federal Register of Legislative Instruments (FRLI—http://www.comlaw.gov.au/). Consumer protection notices were formerly published in the Commonwealth Gazette.