ACCC action against BMW (AUSTRALIA) Limited over jacks

The Australian Competition and Consumer Commission has instituted legal proceedings against BMW (Australia) Limited in relation to the safety warning carried on vehicle jacks supplied with BMW vehicles and in the vehicle owners manual in respect of safe usage instructions for the jack.

The ACCC has alleged that BMW has supplied vehicles equipped with a vehicle jack and a vehicle owner manual, which did not comply with the prescribed consumer product safety standard relating to vehicle jacks, namely Australian/New Zealand Standard AS/NZ 2693:1993 - Vehicle Jacks.

The ACCC alleges that BMW has breached section 65C of the Trade Practices Act 1974 by failing to include the full text of the warning to consumers: do not get under a vehicle supported only by a jack: use vehicle support stands. The text of the warning is prescribed in the standard.

The ACCC is seeking:

• a finding of facts
• a declaration that BMW contravened the Act
• an injunction
• an order for a recall program
• an order for public notices
• an order that BMW have its trade practices compliance program, independently audited and reported on
• costs.

A directions hearing for the matter is listed for Friday, 13 December at 10.15 a.m. at the Federal Court in Melbourne.