The Australian Competition and Consumer Commission has instituted legal proceedings in the Federal Court, Darwin against Autobarn Pty Ltd, Autobarn Darwin and Dictomax Pty Ltd alleging that the 'Raizall 3 in 1 Jackramp' does not comply with the mandatory product safety standard for portable vehicle ramps.
The ACCC alleges that the companies engaged in misleading or deceptive conduct and made false representations by advertising that the Jackramp complied with the prescribed consumer product safety standard when it is alleged that the ACCC's independent testing indicated it did not meet the standard.
It is also alleged that the retail outlet, Autobarn Darwin, and the manufacturer/wholesaler, Dictomax Pty Ltd, contravened the Trade Practices Act 1974 by supplying a product that allegedly did not meet the requirements of the safety standard.
It is alleged testing by an independent body for the ACCC showed the Jackramp failed the structural integrity and design tests as set out in the safety standard.
It is further alleged that the Jackramp was supplied with incomplete instructions for use and incorrect labelling, contrary to the requirements of the safety standard. In particular, it is alleged that the Jackramp was missing several markings including the mandatory safety warning, "WARNING: USE ONLY ON HARD LEVEL SURFACES" which must be permanently affixed to portable vehicle ramps.
After the ACCC brought the matter to the attention of Autobarn Pty Ltd, Autobarn Pty Ltd published recall notices in major newspapers in States and Territories where Autobarn franchisees supplied the ramps.
The ACCC is seeking a recall of the product by Dictomax. It is also seeking remedies against Autobarn Pty Ltd, Autobarn Darwin and Dictomax Pty Ltd including declarations, injunctions, findings of fact and costs.
A directions hearing has been set for 9 a.m. on Thursday 4 October.