The Federal Court, Melbourne has granted court orders preventing Belic Tools & Machinery Pty Ltd from supplying vehicle and trolley jacks in breach of mandatory consumer product safety standards.
The orders follow civil proceedings instituted by the Australian Competition and Consumer Commission last month against Belic Tools & Machinery Pty Ltd for alleged breaches of the prescribed consumer product safety standards for vehicle and trolley jacks.
The action was taken under section 65C of the Trade Practices Act.
The ACCC alleged that Belic, a Melbourne-based supplier and retailer of tools and machinery, had supplied vehicle or bottle jacks and trolley jacks that did not comply with the relevant consumer product safety standards for those products.
The vehicle jacks subject to proceedings had base and head cap dimensions less than those required by the Australian mandatory standard. The capacity of the trolley jacks subject to proceedings was over-stated by approximately 300 kg. Both the vehicle and trolley jacks also did not have all of the markings and operating instructions required by the relevant mandatory Australian standards for such products.
The orders, to which Belic consented, require Belic to provide refunds to consumers who purchased the jacks. The orders also require Belic to implement a trade practices compliance program, which includes a condition that it have a representative sample from every batch of jacks it imports to Australia tested for compliance with the relevant mandatory standard. Belic is also required to destroy the vehicle jacks the subject of court orders.
In consultation with the ACCC, a recall notice for the jacks was published by Belic in The Herald Sun on 1 October 1997 and The Melbourne Trading Post on September 25 September 1997. The recall notice advised consumers to contact Belic to arrange a full refund and collection of the jacks.
"The mandatory standard for vehicle jacks requires that such jacks have certain minimum baseplate and head cap dimensions in order to prevent them from toppling over during use and causing injury," ACCC Chairman, Professor Allan Fels, said today. "The capacity of a jack must also be given in kilograms and should be an accurate reflection of the weight a jack can safely lift. Jacks must also be marked with adequate operating instructions and warnings. Jacks that fail to comply with these and other requirements of the prescribed consumer product safety standards for such products represent a danger to the public.
"Business must ensure that any products they sell for which there is a mandatory consumer product safety standard, comply with that standard or they run the risk of breaching the Act. They should also be aware that they can be liable for damages actions under the product liability provisions of the Act. The ACCC will continue to take prompt action on product safety issues with a view to protecting the public and promoting compliance with the Act," he said.
The orders follow civil proceedings instituted by the Australian Competition and Consumer Commission last month against Belic Tools & Machinery Pty Ltd for alleged breaches of the prescribed consumer product safety standards for vehicle and trolley jacks.
The action was taken under section 65C of the Trade Practices Act.
The ACCC alleged that Belic, a Melbourne-based supplier and retailer of tools and machinery, had supplied vehicle or bottle jacks and trolley jacks that did not comply with the relevant consumer product safety standards for those products.
The vehicle jacks subject to proceedings had base and head cap dimensions less than those required by the Australian mandatory standard. The capacity of the trolley jacks subject to proceedings was over-stated by approximately 300 kg. Both the vehicle and trolley jacks also did not have all of the markings and operating instructions required by the relevant mandatory Australian standards for such products.
The orders, to which Belic consented, require Belic to provide refunds to consumers who purchased the jacks. The orders also require Belic to implement a trade practices compliance program, which includes a condition that it have a representative sample from every batch of jacks it imports to Australia tested for compliance with the relevant mandatory standard. Belic is also required to destroy the vehicle jacks the subject of court orders.
In consultation with the ACCC, a recall notice for the jacks was published by Belic in The Herald Sun on 1 October 1997 and The Melbourne Trading Post on September 25 September 1997. The recall notice advised consumers to contact Belic to arrange a full refund and collection of the jacks.
"The mandatory standard for vehicle jacks requires that such jacks have certain minimum baseplate and head cap dimensions in order to prevent them from toppling over during use and causing injury," ACCC Chairman, Professor Allan Fels, said today. "The capacity of a jack must also be given in kilograms and should be an accurate reflection of the weight a jack can safely lift. Jacks must also be marked with adequate operating instructions and warnings. Jacks that fail to comply with these and other requirements of the prescribed consumer product safety standards for such products represent a danger to the public.
"Business must ensure that any products they sell for which there is a mandatory consumer product safety standard, comply with that standard or they run the risk of breaching the Act. They should also be aware that they can be liable for damages actions under the product liability provisions of the Act. The ACCC will continue to take prompt action on product safety issues with a view to protecting the public and promoting compliance with the Act," he said.