Australia Competition & Consumer Commission v Nordic Lust Pty Ltd [1996] FCA 909

Australia Competition & Consumer Commission v Nordic Lust Pty Ltd [1996] FCA 909

The defendant committed an offence against s65C(1) of the Trade Practices Act 1974 (Cth) by selling an exercise bike not complying with the prescribed consumer product safety standard; the offence is not trivial nor do circumstances warrant relief under s19B of the Crimes Act 1914 (Cth); a modest fine is appropriate considering the circumstances and absence of previous convictions.

Parties
Prosecutor: Australia Competition and Consumer Commission; Defendant: Nordic Lust Pty Limited
Jurisdiction
Australia
Judgment Date
04 October 1996
Procedural Posture
Criminal Prosecution / Judgment and Sentence
Outcome
conviction and sentence
Legal Topics
Penalty for Offence, Product Safety Standards
Trade Practices Consumer Protection Penalty for Offence Product Safety Standards

Case Brief

Summary, issues, holding and outcome

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Parties

Australia Competition and Consumer Commission

Prosecutor

Nordic Lust Pty Limited

Defendant

Procedural Posture

Criminal Prosecution / Judgment and Sentence

Legal Issues

  1. 1 Whether defendant committed an offence against s65C(1) of the Trade Practices Act 1974 (Cth)
  2. 2 Whether the circumstances of the offence warranted relief under s19B of the Crimes Act 1914 (Cth)
  3. 3 Appropriate penalty for breach of prescribed consumer product safety standard

Ratio Decidendi

The defendant committed an offence against s65C(1) of the Trade Practices Act 1974 (Cth) by selling an exercise bike not complying with the prescribed consumer product safety standard; the offence is not trivial nor do circumstances warrant relief under s19B of the Crimes Act 1914 (Cth); a modest fine is appropriate considering the circumstances and absence of previous convictions.

Court Disposition

conviction and sentence

Orders

  • The defendant is fined the sum of $400.
  • The defendant is to pay the prosecution's costs, to be taxed if not agreed.