Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Competition & Consumer Commission v BMW Australia Limited [2003] FCA 727
TRADE PRACTICES – Consumer protection – s61C of the Trade Practices Act 1974 (Cth) – compliance with prescribed product safety standard – wording of warning to be placed on vehicle jacks – whether warning is dangerous - meaning of "words to the same effect" – whether warning on BMW jacks are words to the same effect as mandated warning – whether a prescribed consumer product safety standard declared under s65E of the Trade Practices Act must objectively withstand the test that it be reasonably necessary to prevent or reduce risk of injury Trade Practices Act 1974 (Cth) ss 65C, 65E, 80C, 87B Acts Interpretation Act 1901 (Cth) ss15AA and 46 Australian/New ZealandStandard AS/NZS 2693: 1993 – Vehicle Jacks
In re Black Bolt and Nut Association's Agreement (No 2) [1962] 1 WLR 75, referred to CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384, applied Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355, applied Hamlyn v Norman Ross Stores Pty Ltd (1985) ATPR 40-514, followed Trade Practices Commission v BMW Australia Ltd. (1985) ATPR 40-620, followed AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v BMW (AUSTRALIA) LTD (ACN 004 675 129) V 746 OF 2002 MARSHALL J MELBOURNE 16 JULY 2003
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V746 OF 2002
BETWEEN: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
APPLICANT
AND: BMW (AUSTRALIA) LTD (ACN 004 675 129)
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 16 JULY 2003
WHERE MADE: MELBOURNE
THE COURT DECLARES THAT: 1. The Respondent, by supplying, during 2002, BMW 318i vehicles equipped with a vehicle jack and a vehicle owner manual, has in trade or commerce, supplied goods that were intended to be used, or were of a kind likely to be used, by a consumer and which did not comply with the prescribed consumer product safety standard relating to vehicle jacks, namely Australia and New Zealand Standard AS/NZS 2693:1993 Vehicle Jacks, contrary to section 65C(1)(a) of the Trade Practices Act 1974 (Cth).
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