Apollo Bicycle Co Pty Ltd - s.87B undertaking

Between July 2008 and December 2009 Apollo Bicycle Co Pty Ltd (Apollo) supplied a children’s bicycle, the Radius Racer X Al 12” Bicycle (the Bicycle) to 133 retailers located throughout Australia. The Bicycle did not have a front wheel brake, a front white reflector and a rear red reflector fitted as required under the mandatory standard for pedal bicycles, AS/NZS 1927:1998 (the Mandatory Standard).

The ACCC raised concerns with Apollo that supplying the Bicycle without the abovementioned components may breach section 65C of the Trade Practices Act 1974 (TPA). Apollo addressed the ACCC’s initial concerns by writing to all retailers of the Bicycle requesting that they stop selling the Bicycle immediately.

Apollo admits that it has contravened section 65C of the TPA by supplying the Bicycle without a hand brake, front white reflector and rear red reflector.

The ACCC has accepted court enforceable undertakings from Apollo that it will:

• not supply any bicycles to which the Mandatory Standard applies unless those bicycles comply with the Mandatory Standard;
• supply the missing components to retailers of the Bicycle  and advise retailers to contact customers and arrange to have the missing components fitted;
• cause an informational notice to be displayed at each of the retail outlets that sold the Bicycle and on its website www.apollobikes.com;
• conduct an audit of its range of bicycles to indentify any bicycles which do not comply with the Mandatory Standard; and
• develop and implement a Trade Practices Compliance Program to ensure awareness of its responsibilities and obligations under the TPA.