Beaver Sales Pty Limited - s.87B undertaking

Beaver Sales Pty Limited wholesales and distributes the Black Rat Power Lifter Jack, a product in respect of which there is a prescribed consumer product safety standard declared by the Minister, pursuant to section 65E(1) of the TPA to be a consumer product safety standard for the purposes of section 65C of the TPA.

The ACCC commenced proceedings in the Federal Court of Australia alleging, inter alia, that the Black Rat Jack does not comply with the Standard. Beaver gave this undertaking on a non-admission basis in order to resolve the ACCC's concerns regarding the immediate ongoing supply of the Black Rat Jack, in lieu of the ACCC pursuing interlocutory orders. Beaver's obligations in this undertaking subsisted until final orders were made in the Federal Court proceedings against Beaver.  On 20 March 2007, the Federal Court relevantly ordered, by consent, injunctions restraining Beaver Sales for a period of 4 years from supplying the Black Rat Power Lifter or general purpose jacks that do not comply with the prescribed consumer product safety standards and that Beaver conduct a national consumer recall of the Black Rat Power Lifter Jacks. As a result of the orders made by the Federal Court, Beaver’s obligations under this undertaking have expired.