The Federal Court in Sydney yesterday ordered that MHG recall all helmets manufactured by them since 1 July 1996 following the court finding of 15 June 1999 that helmets manufactured by MHG Plastic Industries Pty Limited had failed to comply with the mandatory safety standard.
The court has ordered that MHG advertise the recall in major newspapers nation-wide. The advertisements will provide consumers with contact numbers and details of the helmets affected.
The helmets manufactured by MHG are sold under the Eldorado brand in the open face, full face and motocross styles and the recall relates to each of these models.
Justice Emmett said: "Parliament concluded that it was appropriate to make compliance with (these) standards compulsory. The primary object after it is established that there is a contravention is the protection of members of the public in respect of which the standard applies".
"The helmet standard sets minimum safety requirements, which all manufacturers must meet," Acting ACCC Chairman, Mr Allan Asher, said today.
"The ACCC is particularly concerned with issues of consumer safety. The consumer is entitled to feel safe, a recall of unsafe helmets sold to the public is an appropriate outcome where public safety is at issue".
Addressing submissions made to the court that the ACCC was engaging in selective enforcement, Mr Asher said the ACCC took such cases without fear or favour, and where public safety is an issue would actively pursue the appropriate remedies.
The court has ordered that MHG advertise the recall in major newspapers nation-wide. The advertisements will provide consumers with contact numbers and details of the helmets affected.
The helmets manufactured by MHG are sold under the Eldorado brand in the open face, full face and motocross styles and the recall relates to each of these models.
Justice Emmett said: "Parliament concluded that it was appropriate to make compliance with (these) standards compulsory. The primary object after it is established that there is a contravention is the protection of members of the public in respect of which the standard applies".
"The helmet standard sets minimum safety requirements, which all manufacturers must meet," Acting ACCC Chairman, Mr Allan Asher, said today.
"The ACCC is particularly concerned with issues of consumer safety. The consumer is entitled to feel safe, a recall of unsafe helmets sold to the public is an appropriate outcome where public safety is at issue".
Addressing submissions made to the court that the ACCC was engaging in selective enforcement, Mr Asher said the ACCC took such cases without fear or favour, and where public safety is an issue would actively pursue the appropriate remedies.