The Australian Competition and Consumer Commission has instituted Federal Court proceedings against Beaver Sales Pty Limited for supplying the Black Rat Power Lifter High Lift Jack (the Black Rat Power Lifter).
The ACCC alleges that the Black Rat Power Lifter does not comply with the mandatory consumer product safety standard relating to general purpose vehicle jacks, in contravention of section 65C of the Trade Practices Act 1974.
The ACCC further alleges that Beaver Sales Pty Limited has engaged in misleading or deceptive conduct and made false representations in relation to the Black Rat Power Lifter's quality, standard, performance characteristics and benefits in breach of sections 52, 53(a) and 53(c) of the Act.
High Lift jacks are subject to mandatory Australian and New Zealand consumer product safety standards, AS/NZ 2693:1993 and AS/NZ 2693:2003, which set out the minimum safety requirements for vehicle jacks, including high lift jacks.
In taking the court action, the ACCC is seeking:
- declarations that the conduct is in breach of sections, 52, 53(a), 53(c) and 65C of the Act
- a final order requiring the publication of a safety recall notice for consumers
- final orders restraining Beaver Sales Pty Limited from supplying any product, for which there is a mandatory consumer product safety standard, which does not comply with the relevant standard
- a requirement that Beaver Sales Pty Limited establish a trade practices law compliance program, and
- payment of the ACCC's costs.
Beaver Sales Pty Limited has provided the ACCC with a Section 87B court enforceable undertaking that they will not supply any further Black Rat Power Lifters until the court proceedings are finalised.
A copy of the undertakings will be available from the ACCC's website.
The matter has been listed for a directions hearing before Justice Cowdroy in the Federal Court, Sydney on 10 August 2006.