Ransley, D.A. v. Coles Myer Ltd [1987] FCA 133

Tt URE CRDLUPAL COUE or SUYTRAL C7 TASMONT ULAR UT be RS Er : , Yoo 0h Boor bana SENCESL Dis tet ' BETWEEN : DAI ACLEN BRANSLeY Prosecutor and TOLES M?RR DIM ULE Defendant

QUURL: NORTHROP J. DATE: 27 MARCH L387

ELACE: HOGBAL'T

REASONS PUR TUWGMON'T

Coles Mrer Limited 13 3 well known compiny carrying

on business throughout Australia. Among many

activities, it conducts ratarl selling outlets at

other

large

shopping centres. Coles Myer Limited has pleaded quilty toa

charqe:-

"THAT on the twenty~seventh day of May L986 at

Eastliands Shopping Centre at Rasny Park in Tasmania (it) committed an otfence against Section 62(1)(b) of the Trade Practices Act 1974, by selling to one Bavid Allen kansley tablets containing wGlucomannan tn a bothin labelled 'Golden Life Natural Sprrulina Vitamin & Compound', thus supplying goods ct a kind Likely to be used by a consumer and in respect et which chere was in force a Notice under that section declarinad goods tn be unsafe goods."

Section 62 or the 'Trade Practices Act 35 within

Division | of Part '" ot that Act. That Part 1.5 headed

"Consumer Protection" and that Pivision 1s beaded "Untaur

Practices." The relevant parts of s.2 are as follows:~-

"ed. Cl) A cerporation shall mot, in trade or commerce, supply caoods thit... are of a kind lakely to be used. by 4 consumer it the qnods are of a kind -

(bh) an respect ot which there 1s in torce 3 notice under this section declaring the

goods to be unsate doodn.

see

(2D) Where 1t appears to the Minister that qoods of a particular kind will or may cause injury

to persons using the goods or to any other persons, he may, by notice under his hand published in the

Gazette, declare the qoods to be unsafe goods.

(2E) A notice under sub-section (2D) has etfect until the expiration of LB months after the date of publication of the notice in the Gazette unless it is revoked before the expiration or that period."