Campsie retailer fined for breaching Australian Consumer Law

C Mart Campsie Pty Ltd has been ordered to pay fines and costs of $5,021 by Parramatta Local Court for supplying a child’s teether and rattle set that could choke a child.

Fair Trading Commissioner Rod Stowe welcomed the conviction as the first for NSW Fair Trading under the Australian Consumer Law for a product safety breach.

“The Australian Consumer Law prohibits the supply of goods that do not comply with mandatory safety standards,” he said. “It is the supplier’s responsibility to ensure goods comply with the relevant safety standard and do not pose an injury risk to consumers.”

In October 2011, Fair Trading investigators inspected the C Mart Campsie store and detected a Baby Love Play Set, consisting of six rattles and teethers, one turtle shaped toy and one toy boat, which raised safety concerns.

The inspection was part of a wider Fair Trading compliance operation targeting NSW retailers in the lead up to Christmas.

The play set was tested against the product safety standard and during testing it produced small parts identified as choking hazards. Fair Trading attempted to contact the trader on four separate occasions in relation to the breach. The trader failed to respond.

Mr Stowe said C Mart Campsie Pty Ltd had been disciplined by Fair Trading for breaching product safety laws on three prior occasions.

In May 2004, Fair Trading issued C Mart Campsie Pty Ltd with a formal warning for the supply of three varieties of children’s toys identified as inhalation and ingestion hazards.

In March 2010, Fair Trading issued C Mart Campsie Pty Ltd with a $550 penalty notice for supplying elastic luggage straps that did not contain the relevant warning of a risk of injury to the face or body.

In April 2011, Fair Trading issued C Mart Campsie Pty Ltd with a formal warning for the supply of a swim vest that did not contain the relevant warning that it should not be used in boating.

Mr Stowe said consumers had a right to enter a store with confidence knowing that dangerous goods were not offered for sale and that goods had been vetted for safety before they were placed on shelves.

Information about standards can be obtained from the Product Safety Australia website at www.productsafety.gov.au

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