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CONSUMER AFFAIRS VICTORIA FAIR T

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									                      CONSUMER AFFAIRS VICTORIA

                            FAIR TRADING ACT 1999

                       ENFORCEABLE UNDERTAKING

                                        Section 146


The commitments in this undertaking are offered to the Director of Consumer Affairs
Victoria by:



FULLARTON MOTORS PTY LTD
TRADING AS TREVOR LEE’S CAMPERDOWN AUTO SALES - LMCT 1222

      -and-

TREVOR JOHN LEE



BACKGROUND

1.0   Description of the conduct that Consumer Affairs Victoria investigated.

1.1   Fullarton Motors Pty Ltd (the Company) trading as Trevor Lee’s Camperdown Auto
      Sales LMCT 1222 is an Australian proprietary company limited by shares, which was
      incorporated in Victoria on 2 August 1978. It lists its registered office and principal
      place of business at Camperdown Victoria (“the premises”).

1.2   Trevor John Lee is and was at all relevant times the director, secretary and shareholder
      of the Company.

1.3   The company’s core business is the buying, selling and repairing of motor cars but the
      company also retails a variety of 2 and 4 wheel recreational vehicles such as monkey
      or mini petrol powered bikes.


1.4   On 9 November 2005, the then Minister for Consumer Affairs signed a permanent ban
      order (“ban order”) prohibiting the supply of dangerous goods that are motor cycles
      powered by an internal combustion engine, not intended for certification under the
      “Road Vehicle Certification System” operated by the Commonwealth Department of
      Transport and Regional Services. The goods include motorcycles also known as Mini
      Bikes, Pocket Bikes or Monkey Bikes that do not comply with the schedule to the
      order. This ban order was published in the Victoria Government Gazette No. S 242
      dated 30 November 2005 (copy attached as Annexure A to this undertaking).
________ Fair Trading Act 1999______________________Enforceable undertaking___2_______


1.5    On 11 May 2009, Consumer Affairs Victoria officers inspected the premises for
       compliance with product ban orders and mandatory product safety standards made
       under the Fair Trading Act 1999 (the Act), which prohibit, amongst other dangerous
       goods, the supply of dangerous petrol powered mini bikes.


2.0    Brief details of investigation by Consumer Affairs Victoria.

2.1    Consumer Affairs Victoria officers identified that the company was supplying petrol
       powered mini bike that was a ‘dirt bike’ mini bike, blue and yellow in colour that does
       not meet the braking system requirements specified in the permanent ban order.

2.2    On 12 May 2009, Consumer Affairs Victoria officers executed a search warrant
       pursuant to section 122 of the Act on the premises and seized the ‘dirt bike’ mini bike.
       Officers also located and seized a ‘Super Bike’ mini bike, a ‘Vespa Bike’ mini bike
       and a ‘Foxico 27’ mini bike that does not meet the braking requirements specified in
       the ban order. In addition, Trevor John Lee was served with a notice placing an
       embargo on a further 6 x ‘dirt bike’ mini bikes, 3 x ‘Super Bike’ mini bikes, and 2 x
       ‘Vespa Bike’ mini bikes and 5 x ‘Foxico 27’ mini bikes that were located at the
       premises.


3.0    Explanation as to why the Director of Consumer Affairs Victoria considers the
       conduct to contravene the Fair Trading Act 1999.

3.1    Section 44 of the Act provides that a person must not supply goods or services that
       contravene permanent ban order or fix term ban order.

3.2    The company acknowledges that on 12 May 2009 it breached the Act, by supplying
       the ‘dirt bike’ mini bikes, the ‘Super bike’ mini bikes, the ‘Vespa Bike’ mini bikes and
       the ‘Foxico 27’ mini bikes, which are dangerous goods subject to a permanent ban
       order under the Act.

3.3    Trevor John Lee acknowledges that on 12 May 2009 he breached the Act, by
       supplying the ‘dirt bike’ mini bikes, the ‘Super bike’ mini bikes, the ‘Vespa Bike’
       mini bikes and the ‘Foxico 27’ mini bikes, which are dangerous goods subject to a
       permanent ban order under the Act.


4.0    A statement that the conduct has stopped.

4.1    Trevor John Lee, as an individual and in his capacity as director of and on behalf of
       the company, confirms that he and the company have ceased to supply petrol powered
       mini bikes, which are dangerous goods subject to a permanent ban order under the
       Act.

UNDERTAKING

5.0    Action to stop the offending conduct, produce product safety warning and
       redress for consumers and to destroy the dangerous goods.
________ Fair Trading Act 1999______________________Enforceable undertaking___3_______



5.2    Trevor John Lee, as an individual and in his capacity as director of and on behalf of
       the company, undertakes to the Director of Consumer Affairs Victoria, pursuant to
       section 146 of the Act, that he and the company will:

(a)    refrain from supplying or offering to supply at any time in the future, products which
       are subject to Permanent Ban Order Prohibiting the Supply of Dangerous Goods
       published in the Victorian Government Gazette No S 242 on 30 November 2005;

(b)    refrain from supplying or offering to supply at any time in the future, products which
       do not comply with product ban orders and mandatory product safety standards as
       listed on the Consumer Affairs Victoria website www.consumer.vic.gov.au in the state
       of Victoria;

(c)    display the notice attached as Annexure B to this undertaking at a prominent position
       within the showroom or at the display area of the company’s trading premises situated
       at 235 Manifold Street Camperdown, Victoria for a period not less than consecutive 8
       weeks.

(d)    place a notice at the Companies expense at the best possible position in the early
       general news section of the Camperdown Chronicle Newspaper at Camperdown
       Victoria, within 7 days of signing this undertaking. The notice is required to be in
       colour and the size of two modules wide with hatched borders and will contain the
       entire content of the warning notice referred to in paragraph (c) above;

(e)    advise Consumer Affairs Victoria, of the date of publication of the notice referred to
       in paragraph (d) above

(f)    write to known Victorian consumers of whom the company supplied the ‘dirt bike’
       mini bikes, the ‘Super bike’ mini bikes, the ‘Vespa Bike’ mini bikes and the ‘Foxico
       27’ mini bikes to and advise them that the said goods are deemed to be dangerous and
       they should immediately cease using them. In addition the customers should be asked
       to return the bikes for a full refund.

(g)    authorise Consumer Affairs Victoria to destroy and dispose of the 4 mini bikes that
       Consumer Affairs Victoria had seized from the premises and has in its possession;

(h)    agree that they will make no claim against Consumer Affairs Victoria or its officers
       arising out of the destruction of the goods referred to in paragraph (g) above;

(i)    agree to dismantle and destroy each of the 16 mini bikes held at Camperdown Victoria
       pursuant to Embargo Notice served on Trevor John Lee on 12 May 2009 within 28
       days of from the signing of this undertaking by Trevor John Lee and;

(j)    provide the General Manager, Compliance and Enforcement Branch. Consumer
       Affairs Victoria with a certificate of destruction from an independent contractor
       attesting to the destruction referred to in paragraph (i) above within 7 days of such
       destruction; and
________ Fair Trading Act 1999______________________Enforceable undertaking___4_______


(k)    consent to the Director of Consumer Affairs Victoria applying under section 146(2A)
       of the Act, at any time during which this undertaking is in force, to the Magistrates’
       Court of Victoria for an order directing any or all persons giving this undertaking
       comply with it’s terms.

TERMS

7.0    Commencement of the Undertaking

7.1    This undertaking comes into effect when:

       (a)     the undertaking is signed by:

               (i)    Trevor John Lee;

               (ii)   Trevor John Lee as director of and on behalf of the company;

                                     and

       (b)     The Director of Consumer Affairs Victoria accepts the undertaking.

8.0    ACKNOWLEDGEMENTS

8.1    Trevor John Lee, as an individual and in his capacity as director of and on behalf of
       the company acknowledges that:

       (i)   Pursuant to section 148 of the Act, the Director of Consumer Affairs Victoria
             will register this undertaking in the register of undertakings on the Consumer
             Affairs Victoria Website and the undertaking will be available for public
             inspection,


        (ii) the Director of Consumer Affairs Victoria and/or the Minister for Consumer
             Affairs Victoria may from time to time publicly refer to this undertaking; and

       (iii) this undertaking in no way derogates from the rights and remedies available to
             any other person arising from the alleged conduct.


Signed by:

Trevor John Lee                                ………………………………………………..

In the presence of:

____________________________(witness).……..……………..………………………….
      (print name)


Signed by:
________ Fair Trading Act 1999______________________Enforceable undertaking___5_______



Trevor John Lee
       ………………………………………………
Director of Fullarton Motors Pty Ltd

In the presence of:

____________________________(witness) …………………………………………….
      (print name)



ACCEPTED BY THE DIRECTOR OF CONSUMER AFFAIRS VICTORIA OR THE
AUTHORISED DELEGATE OF THE DIRECTOR PURSUANT TO SECTION 146 OF
THE FAIR TRADING ACT 1999



.……………………………………………
Director

Dated …………………………………….

								
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