Apollo Bicycle Co Pty Ltd - s.87B undertaking

Apollo is an importer and wholesaler of bicyles and cycling accessories. The s87B Undertaking addresses conduct of Apollo in breach of 65C(1)(a) of the Trade Practices Act 1974, in that it had supplied helmets to retailers that purported to be suitable for use whilst cycling but which did not comply with the mandatory standards for bicycle helmets as prescribed under the Act.

The Undertaking provides for the following:

• Apollo will cease to represent helmets that do not comply with the mandatory standards as being suitable for bicycle use;
• Apollo sales agents will visit each retailer to whom offending helmets have been supplied to check all such helmets in stock and remove all representations that the helmets are suitable for cycling;
• Apollo will undertake corrective advertising, including an offer of refund; and
• Apollo will undertake a compliance program.