Crossfire Motorcycles Pty Limited

The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from Crossfire Motorcycles Pty Limited (Crossfire) in relation to the supply of quad bikes that did not, or did not likely, comply with section 9 of the Consumer Goods (Quad Bikes) Safety Standard 2019 (the Safety Standard) in contravention of section 106 of the Australian Consumer Law (ACL), contained in Schedule 2 to the Competition and Consumer Act 2010 (Cth). 

Crossfire is an importer and supplier of, amongst other products, quad bikes (also known as all-terrain vehicles or ATVs) to dealers for on-supply and directly to consumers.

Crossfire has admitted that it likely contravened section 106 of the ACL by supplying quad bikes that did not comply with the requirements of section 9 of the Safety Standard due to one or more of the following:

• incorrect age recommendation warning labels;
• missing or incorrect engine stop switches;
• missing reflex reflectors;
• missing information in owners' manuals; and
• potentially non-compliant spark arresters were fitted.

Crossfire initiated recalls of the quad bikes as published on the Product Safety Australia website (Kanga 90, Trex 110, Rover 125, X2, X300, Mustang 250 and Territory 500) on 20 and 22 October 2021 to rectify the non-compliance (and potential non-compliance) (the Recall).

To address the ACCC’s concerns, Crossfire provided the ACCC with a section 87B undertaking that for a period of 3 years it will:

• not supply quad bikes that do not comply with the Safety Standard;

• in relation to the Recall,
  • prominently publish the Recall on the homepage of Crossfire’s website,
  • provide progress reports about the Recall to the ACCC, and
  • maintain records of the consumers and dealers Crossfire has contacted or attempted to contact as part of the Recall;
• establish, implement and maintain a Compliance Program which is designed to minimise Crossfire's risk of non-compliance with the Safety Standard and ACL, including attendance at training, engaging a qualified compliance professional to undertake an audit of quad bike models and obtain independent testing reports as to the compliance of quad bikes with the Safety Standard.