Melton Craft Pty Ltd - s.87B undertaking

Melton Craft Pty Ltd has provided court-enforceable Undertakings to the ACCC after representing that particular woodheaters met with the prescribed standard Australian/New Zealand Standard AS/NZS 4013, when testing revealed that they did not. The Standard is used to regulate the maximum particle emission rates in most States and Territories within Australia, and also stipulates that models tested must comply with design drawings submitted by the manufacturer as well as specified labelling requirements

In late 2003 the Department of the Environment and Heritage published a National Woodheater Audit Program Final Report

The report details testing that was undertaken by the Australian Home Heating Association Testing Laboratory of the 12 most popular nationally available woodheater models, which were tested for emissions and design specifications, with a further 35 models tested for design specifications alone

Results published in the report showed that non-compliance was significant

The ACCC considers that as a result, Melton Craft Pty Ltd was likely to have breached sections 52, 53(a) and 53(c) of the TPA by misrepresenting that its woodheater(s) comply with the Standard as labelled, when, in fact, upon testing it has been discovered that they do not

Melton Craft Pty Ltd has given court-enforceable undertakings that it will:

• for a period of three years, ensure that all woodheaters supplied by it will comply with the Standard; and
• implement and maintain a trade practices compliance program

Notably, Melton Craft Pty Ltd volunteered to participate in the DEH study, and products from all other woodheater companies have not been tested