Golden Sun Australia Pty Ltd - s.87B undertaking

Golden Sun conducts the business of importer which involves the importation, amongst other things, of automotive tools and equipment. In 2001 Golden Sun imported into Australia one hundred and fifty hydraulic trolley jacks with a nominated 2 1/4 ton(equivalent to 2250 kg) lifting capacity. Sixteen of these jacks were distributed to wholesalers for supply by retail sale.

Hydraulic trolley jacks (up to and including those with a nominated lifting capacity of 2.5 tonne) sold in Australia are required to comply with the mandatory consumer product safety standard which is based on Australia/New Zealand Standard AS/NZ 2615:1995 (Hydraulic Trolley Jacks).

Section 65C of the Trade Practices Act prohibits a company from supplying goods which do not comply with mandatory product safety standards. Following investigation by the Australian Competition and Consumer Commission, the Commission reached the view that Golden Sun had contravened section 65C of the Trade Practices Act in relation to the supply by it of hydraulic trolley jacks to its wholesale distributors.