The Australian Competition and Consumer Commission obtained interlocutory orders, by consent, yesterday in the Federal Court, Melbourne against Aziz Properties and Services Pty Ltd and its sole officeholder, Dr Rodney Aziz.
The ACCC's proceeding concerns the alleged supply by the company of bunk beds that do not comply with the mandatory consumer product safety standard for bunk beds and Dr Aziz's alleged involvement in the supply of the beds.*
The ACCC claims the beds' non-compliance with the mandatory standard may pose a serious safety hazard to users. In particular, the ACCC is concerned that the potential risks of the beds' alleged failure to comply with the standard may present fall-through and entrapment hazards. The beds of concern were supplied from the company's showroom in Mitcham, Victoria under the trading name, Infinity Megastore, and also over the internet, including from an eBay site.
The beds are described as a Model 276-Single Bunk Bed and a Model 277-Double Bunk Bed. Justice Finkelstein made orders restraining the company and Dr Aziz from supplying these bunk beds which do not comply with certain specified provisions of the mandatory standard. Justice Finkelstein also ordered the company to implement a product recall program in relation to the bunk beds already supplied. This program includes:
- publication of product safety recall notices in specified newspapers
- sending an urgent safety notice to each identified customer who has purchased a bunk bed, and
- publication of product safety information about the bunk beds on the company's website.
The matter has been listed for a further directions hearing on 29 January 2009.
*The mandatory standard came into effect on 1 November 2002. It is based on the Australian and New Zealand Standard AS/NZS 4220:1994 and references the key safety features of that standard. This includes a requirement for guardrails and specific measurements for gaps and protrusions that could be entrapment or strangulation hazards. The aim of this standard is to minimise the risk of injuries to children in the domestic environment. For information regarding products subject to a product safety recall, consumers can access the government recall website at: www.recalls.gov.au.
Infocentre 1300 302 502
Release # MR 375/08