Ausspill and Spill Station publish corrective statement following settlement of proceedings regarding ACIS2695
Spill equipment manufacturer, Global Spill, has recently settled Supreme Court proceedings it instituted against the AusSpill Association and Sydney-based spill kit manufacturer, Spill Station, for alleged misleading and deceptive conduct.
In late 2018, AusSpill developed its own standard for spill kits, labelling it the Australian Spill Control Industry Standard (ASCIS) 2695. Ausspill and Spill Station both promoted ASCIS2695.
In settling the proceedings, Ausspill and Spill Station have published the corrective statement below.
In terms of the corrective statement, Ausspill and Spill Station have clarified that there is no independent, regulatory Australian Standard, or similar, setting minimum performance standards for the design, manufacture and operation of spill kits.
Ausspill and Spill Station have also clarified that there is no Australian Standard, or other regulation, law or otherwise in Australia, as to the colour of spill control kit containers.
The terms of the settlement are confidential.
The corrective statement is as follows:
** PLEASE READ **
AusSpill Association Limited (AusSpill)
Spill Station Australia Pty Ltd (Spill Station)
Mr Nathan Cartwright (Mr Cartwright)
AusSpill is responsible for the creation of a document it describes as "the Australian Spill Control Industry Standard for Spill Response Kits" (ASCIS2695).
AusSpill, Spill Station and Mr Nathan Cartwright have made various publications and statements describing ASCIS2695 in various ways, which Global Spill Control Pty Ltd alleged were misleading and deceptive conduct pursuant to Australian Consumer Law.
Following mediation between the parties, AusSpill, Spill Station and Mr Cartwright would like to clarify the following matters:
- A5CIS2695 is not an Australian Standard, Industry Standard or a standard;
- AusSpill does not represent the majority of the retailers, manufacturers or suppliers of spill control / response equipment in Australia;
- It is not mandatory for any person, business or corporation to comply with A5CIS2695, whether by law or otherwise;
- There is no Australian Standard, or other regulation, law or otherwise in Australia, as to the colour of spill control kit containers; and
- Products which contain the AusSpill mark of compliance are not superior to products that do not contain the AusSpill mark.