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On 12 September 2006 the Australian Competition and Consumer Commission (ACCC) accepted an undertaking given by Black & Decker (Australia) Pty Ltd pursuant to section 87B of the Trade Practices Act 1974.  The undertaking requires Black & Decker for a period of 3 years refrain from making any representation to the effect that certain products it supplies are "Australian Made", "Made in Australia" or originate from Australia if that is not in fact the case. The undertaking also requires Black & Decker to establish and implement a Trade Practices Compliance Program in accordance with the requirements set out in the ‘Annexure A’. Between late 2006 and September 2008 Black & Decker supplied certain Powerfile sanding belts (the Powerfile belts) in packaging which included the representation ‘Made in Australia’ when in fact those Powerfile belts were made in Germany. The ACCC is concerned that by representing that the Powerfile belts were ‘Made in Australia’ (the Representation) in circumstances where the Powerfile belts were not substantially the result of manufacturing processes carried out in Australia Black & Decker has engaged in conduct and made representations in breach of sections 52, 53(a), 53(eb) and 55 of the TPA and contravened paragraph 14(a) of the undertaking. Black & Decker acknowledges acknowledges that by supplying the Powerfile belts with the representation ‘Made in Australia’ when they were not substantially transformed in Australia it has contravened sections 52, 53(a), 53(eb) and 55 of the TPA and paragraph 14(a) of the Undertaking. In order to address the concerns identified in connection with the supply of the Powerfile belts, Black & Decker has given to the ACCC a variation to the undertaking that: Extends the period of time (to 4 years) during which Black & Decker is to maintain and implement the trade practices compliance program; Requires Black & Decker  undertake an audit of its domestic suppliers to identify the source (country of origin) of all of the materials used in the                                manufacture of the products that they supply to Black & Decker. Requires Black & Decker conduct a review its compliance processes with respect to country of origin statements made on the Products and implement all necessary changes.

Timbermate Products Pty Ltd (Timbermate) carries on business as a manufacturer, importer and distributor of hardware products and supplies including a moulded rubber tie down strap branded “Quickties”. Between mid 2005 and September 2008 Timbermate supplied Quickties with a paper based warning label to a range of hardware and other retailers. The Australian Competition and Consumer Commission (ACCC) is responsible for ensuring compliance with prescribed consumer product safety standards under the Trade Practices Act 1974 (TPA). There is a prescribed consumer product safety standard for elastic luggage straps (the Mandatory Standard) that applies to an elastic strap or cord having a hook, buckle or other fastening device at each extremity and which is designed to be used for the purpose of securing luggage or other objects. The Mandatory Standard requires an elastic luggage strap to have permanently attached a label bearing the following warning (the Warning Label); WARNING.

Kyberguard Pty Ltd, trading as Soldsmart, is a company that operates an online sales website at www.soldsmart.com.au, advertising and selling a variety of products including ride-on car toys for children of varying ages. Between 30 November 2007 and 11 June 2008 Soldsmart advertised for sale two types of ride on car toys for children under the age of 36 months, that had small moveable parts: Item BC7608RD – Sliding Tractor/Truck Item RC6410PK – Electric Hot Rod Race Car These products were independently tested to ascertain whether they complied with the Australian Standard.  Results identified that both products failed to comply with the Australian Standard, in that parts broke off during testing. Soldsmart acknowledges that it failed to comply with the Australian Standard, contravening section 65C of the Trade Practices Act. Soldsmart has undertaken to the ACCC that it will: Recall the products and offer a  refund to all customers who have purchased these products; Establish and implement a Trade Practices Compliance Program Maintain and continue to implement the Trade Practices Compliance Program Ensure that all products sold by Soldsmart that are subject to a prescribed consumer product safety standard or information standard under the TPA comply with the relevant standard; and Ensure that any test reports for products advertised for sale by Soldsmart are not more than 12 months old, and are supplied by an Australian NATA accredited testing agency or equivalent overseas agency.