Justice O'Loughlin of the Federal Court has granted injunctions against Autobarn Pty Ltd (Autobarn) and Northern Accessories Pty Ltd ( Autobarn Darwin) preventing them from supplying portable car ramps which fail to comply with the mandatory consumer product safety standard.
Justice O'Loughlin has also restrained Autobarn from supplying, or entering into an agreement to supply, goods that are subject to a consumer product safety standard without first sighting written verification from an authorised testing authority that the goods comply with the relevant safety standard.
The court also ordered that the ACCC's court costs of $30,000 be paid by Autobarn and Autobarn Darwin.
"Autobarn promoted a portable ramp, the 3 in 1 Jackramp, in a catalogue entitled, 'Gear up for a Safer Holiday' ", ACCC Chairman, Professor Allan Fels, said today. "Autobarn Darwin sold the Jackramp. Independent testing commissioned by the ACCC showed the Jackramp failed the structural integrity, design and safety labelling requirements as set out in the mandatory standard.
"The ACCC was particularly concerned that its testing of the Jackramp showed the product failed the structural integrity and design aspects of the standard. In the ACCC's view this indicates that the product had the potential to cause serious injury to consumers. Recalls of the product have been conducted in response to the ACCC action".
The Federal Court made declarations that:
- Autobarn engaged in misleading or deceptive conduct in representing that the Jackramp complied with the mandatory consumer product safety standard namely AS/NZS 2640:1994, when it did not
- Autobarn and Autobarn Darwin made a false representation that the Jackramp was of a particular standard
- Autobarn Darwin supplied the Jackramp which did not comply with the mandatory consumer product safety standard namely AS/NZS 2640:1994
The court also ordered that Autobarn Pty Ltd institute new processes and conduct additional staff training to supplement its existing trade practice compliance program.
"All suppliers, whether at the import, wholesale or retail level, must ensure that their goods and services meet relevant mandatory product safety and information standards".
The ACCC is responsible for enforcing the mandatory consumer product safety and information standards. It regularly conducts random surveys of retail outlets throughout Australia to detect non-complying products and to liaise with suppliers. These surveys provide an overall picture of retailer and wholesaler compliance.
"The ACCC affords a high priority to its product safety and information standards responsibilities because of the potential of injury to consumers if the products do not comply with the standards", Professor Fels said.
Autobarn and Autobarn Darwin admitted the contraventions of the Act and consented to the orders after the matter had been set down for a trial in August.
The 3 in 1 Jackramp, which was tested by the ACCC, is available for inspection in the Darwin office of the ACCC or jpeg files of the ramps are available on request from rachel.wolters@accc.gov.au.
The ACCC is continuing court action against Dictomax Pty Ltd who allegedly manufactured the Jackramp. The trial has been scheduled to commence on 12 August 2002 in the Federal Court, Darwin.