Gemwide Trading Pty Ltd and Wan Wing Mo - Enforceable undertaking

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9 August 2018
Enforceable undertakings

A Huntingdale-based importer and wholesaler and its director have agreed to pay $8,000 to the Victorian Consumer Law Fund after acknowledging they offered items for sale that did not meet mandatory safety or information requirements.

In November 2016, Consumer Affairs Victoria inspected the trading premises of Gemwide Trading Pty Ltd (ACN: 161 030 619) and seized more than 6,500 items that did not meet the relevant mandatory safety standard or information standard under Australian product safety laws. The items were:

  • toys that presented a choking hazard to small children (including animal and wind-up toys such as the one pictured)
  • novelty lighters that did not include required safety labels and warnings
  • temporary tattoos that did not include a list of ingredients, as required under the relevant cosmetics information standard.

Wan Wing Mo, 48, of Fairfield, the sole director of Gemwide Trading, acknowledged that the company had breached the Australian Consumer Law (Victoria) by supplying or offering to supply the non-compliant items. As well as paying the $8,000 penalty, Mr Mo and the company have undertaken to:

  • pay a maximum $1,000 contribution to the Director of Consumer Affairs Victoria for the destruction of the seized items
  • not supply or be involved in the supply of certain items that are subject to a ban order, or do not comply with relevant safety standards. These items include aquatic toys, bath aids for babies, cots, hot water bottles, luggage straps, projectile toys, and swimming and floatation devices
  • provide refunds on the recalled items
  • implement a compliance program to help ensure they do not supply, or offer to supply, any banned or unsafe product.

Download the full text:

Gemwide Trading Pty Ltd and Wan Wing Mo – Enforceable undertaking (PDF, 5.85 MB) 

Gemwide Trading Pty Ltd and Wan Wing Mo – Enforceable undertaking (Word, 1.07 MB)