Melbourne Magistrates’ Court has found that importer Mayman Pty Ltd breached an enforceable undertaking it gave to Consumer Affairs Victoria in January 2013 after more than 100 banned miniature motorbikes were seized from its business premises.
In January, the company gave an undertaking to the Director of Consumer Affairs Victoria (‘the Director’), to amongst other things, publish a Product Safety Warning and Recall Notice in The Australian newspaper within 14 days of signing the undertaking.
Mayman Pty Ltd breached the undertaking by failing to publish the notice and the Director then commenced proceedings in the Magistrates’ Court of Victoria.
On 15 November, the court ordered the company to:
- publish the safety warning and recall notice as above
- permit the Director to destroy the 108 miniature motorbikes (both road and dirt models known as mini bikes, pocket bikes, or monkey bikes) seized from its Thomastown premises in July 2012
- pay $3500 costs for storing the bikes
- pay $2000 for their destruction, and
- pay $500 costs.
In the original undertaking, Mayman Pty Ltd and its sole director, Ms Suling Ye, acknowledged contravening the Australian Consumer Law by offering, supplying or possessing, or having the miniature motorbikes under their control.
A permanent ban order applies to the bikes because their braking systems and foot pegs do not meet the minimum required safety standards.