AUSTRALIAN BATTERY INDUSTRY ASSOCIATION LTD ABN 20 050 106 806

CODE OF PRACTICE January 2013 1. Provision of Information (a) All replacement automotive batteries, and technical reference materials (such as catalogues, product leaflets, etc) which include rating information, must display the product information set out in Section 3 below ("product information"). (b) All performance claims provided to consumers must be factual and provided in a clear and unambiguous manner. (c) All batteries bearing product information may do so on any surface except the base of the batteries. (d) For the purpose of standardisation and for the assistance of consumers, it is recommended that product performance information displayed on batteries be set out in text having a minimum height of 3mm. 2. Testing and Rating Criteria. All rating claims must be made in accordance with Australian Standard 21492003 and/or amendments to the Standard. 3. Product Information. 1. The following product information must form part of the product labelling or in the case of warranty information, may be provided in separate written form with the battery,for all automotive batteries sold at the final wholesale level in the Australian market. a) the company name (and applicable ABN), or business name and the principal place of business of the Australian manufacturer or wholesaler of the battery. b) the country of manufacture of the battery. c) the Rated Cold Cranking Amps of the battery. d) the Rated Reserve Capacity of the battery. e) the necessary warning label prescribed in Australian Standard 2149-2003 Section 2.2.

2 f) any specific warranty period offered by the manufacturer or reseller or importer must include the information required by the Australian Consumer Law (ACL) and include the mandatory text.

g) pictograms to reflect a 'recycle triangle' and a 'crossed wheelie bin' to be incorporated into battery labelling of all lead acid automotive starter batteries (regardless of the intended application e.g. passenger, 4WD, light commercial, truck, agriculture etc and including marine and deep cycle variants) shipped by Members from 1 June 2007. This requirement applies regardless of whether the subject batteries are of conventional flooded or VRLA technology. Labelling of any of the above batteries supplied in cartons must include the pictograms. Display of the pictograms on the carton is optional The size of each pictogram to be a minimum 10mm x 10mm The pictograms may be displayed on any surface of the battery except the bottom. It will be at the discretion of the Member whether the pictograms are displayed together, separately but on the same surface, or on different surfaces. Incorporation of the pictograms into Members' face and/or top labels is acceptable. Illustrative examples of the pictograms are available from http://www.abia.org.au/RecycleBin.pdf http://www.abia.org.au/RecycleLogo.pdf

(crossed wheelie bin) (re-cycle triangle)

Minor variants to the artwork illustrations shown on the above links are acceptable providing they meet the size requirements. Members should confirm with their label supplier that any pictogram utilised to accommodate the above labelling requirement, is not restricted and/or controlled by copyright.

2. Explanation. (a) Company or Business Name The provision of a company or business name of the Australian manufacturer or supplier is important in order to more easily facilitate the making of claims or enquiries by consumers or other end users. The need to provide this information is prescribed in Australian Standard 2149-2003 at Section 2.1(a).

3 (b) With both the consumers' interest in the country of origin of products and with an increase in litigation relating to misleading and deceptive claims in respect to country of origin, it is important that consumers are reliably informed regarding country of manufacture of batteries. The appropriate guidelines are described at paragraph 3.5 of this Code. (c) The Rated Cold Cranking Amps of the Battery. (1) The Rated Cold Cranking Amps must be shown using the acronym "CCA". No other acronym may be used for this performance characteristic. (2) This characteristic must be as prescribed in Australian Standard 2149-2003 Section 1.3.8 and determined in accordance with the protocols shown in Appendix E or F as applicable, with acceptance testing to be performed in accordance with Section 4 as it applies to Rated Cold Cranking Amps test. (3) The marking requirement for this performance characteristic is provided for in Australian Standard AS2149-2003 at Section 2.1(c). (d) The Rated Reserve Capacity of the Battery. (1) The Rated Reserve Capacity must be shown using the acronym "RC". No other acronym may be used to show this performance characteristic. (2) This characteristic must be as prescribed in Australian Standard 2149-2003 Section 1.3.1(a) and determined in accordance with the protocols shown in Appendix G with acceptance testing to be performed in accordance with Section 4 as it applies to Rated Reserve Capacity test. (3) The marking requirement for this performance characteristic is provided for in Australian Standard AS2149-2003 at Section 2.1(d). (e) The Warning Label (1) The dangerous Substances legislation of each State and Territory specifically requires goods that are inherently dangerous (such as product containing acids or liable to explode in certain circumstances) must bear specific warnings in the prescribed form. Naturally batteries must comply with these laws.

4 (2) The marking requirement for this label is provided for in Australian Standard AS2149-2003 at Section 2.2. (f) Warranty Against Defects It is a legal requirement that the information stipulated in the ACL including the mandatory text, must be provided in written form whenever a warranty against defects is offered. (g) Re-cycle and Crossed Wheelie Bin Pictograms The re-cycle and crossed wheelie bin pictograms are required to promote recycling and responsible disposal of spent automotive batteries. 3. Declaration of Country of manufacture as required by 3.1(b) and inclusion of a warning label as specified at paragraph 3.1(e) of this Code, will be optional in the case of technical reference materials. 4. Second Hand Batteries Due to the non specific nature of the term and the resulting potential to mislead in some circumstances, the term 'reconditioned' must not be used for second hand batteries 5. Country of Manufacture (a) When indicating country of manufacture on product and/or advertising materials, the information should be provided in unambiguous form. The use of Australian maps or symbols (such as boomerang, kangaroo and the like) is discouraged and, when used in respect of a product not manufactured in Australia, will be considered misleading, and must not be used. (b) Statements as to the place of manufacture of batteries must be entirely accurate. Where products are manufactured in Australia but use primarily imported components, then the appropriate statement would be "made in Australia from imported components". (c) A licence granted by organisations to use terms or trade marks such as the "Australian Made" logo, are not automatically determinative of whether or not a business has a legal right to make such a claim. As the Federal Court of Australia has held on several occasions, what is relevant is from which country the real nature of the product was derived.

5 4. Other (a) "Battery to vehicle" recommendations for vehicles manufactured or assembled in Australia or imported after 1 January 1986, are to be made at or greater than the battery performance levels (for both the Reserve Capacity and Rated Cold Cranking Current levels) specified by the vehicle manufacturer whether in the vehicle handbook or otherwise. For vehicles manufactured in Australia or imported before 1 January 1986, "Battery to vehicle" recommendations are to be made at or greater than the battery performance levels specified by the vehicle manufacturer whether in the vehicle handbook or otherwise expressed, in the relevant prevailing rating criteria. The foregoing information requirement will cease to apply in the case of a specific vehicle manufacturer or importer where that manufacturer or importer advises in writing that it is unable or unwilling to provide the necessary information. (b) Battery suppliers (at whatever market level) should not make statements without providing adequate information to consumers to allow proper understanding of the assertions. For example, plates versus power statements must like all product information or other performance claims be capable of objective substantiation, and in a court of law if necessary. (c) Members, when re-publishing battery product information provided to them by a third party such as an overseas manufacturer or local importer have a responsibility to establish that the information is correct and remains correct. Where such product information is proven to be incorrect, the Member will be in breach of this Code unless the Member can demonstrate reliance on a reasonable belief that such information was correct. (d) Members are required to take all reasonable action to ensure that resellers of their product do not make rating and/or performance claims except as allowed for in this Code of Practice. 5. Australian Dangerous Goods Transport Code (ADG)

Members of the Association are required to comply with ADG7 (or subsequent revisions) including referring Exemptions held by the Association and associated State regulations, relating to the transport of automotive batteries and packaged battery acid. Where product marking information needed to meet ADG requirements is also needed to meet identical labelling requirements elsewhere in this Code, duplication of the information is not required providing the sizing stipulated for ADG (or referring Exemptions) is met or exceeded.

6 6. Product Stewardship.

It is a requirement that Members acknowledge the importance of effective spent battery re-cycling. In practical terms this obliges all Members to promote the recycle capability of spent automotive batteries via their re-seller accounts. Additionally all Members are obliged to accept the return of spent batteries for transfer to bona fide scrap metal collectors/re-cyclers, from any and all customers in equal quantities to the customer's purchases, where ever requested. 7. Procedure for dealing with disputes between Members arising from alleged breaches of the foregoing Code of Practice and/or trading practices considered to be misleading or deceptive as defined by the Trade Practices Act. Non ADG Issues Complainant to notify the alleged offending Member via facsimile of the complaint, requesting details of any action the Member is prepared to take, and the timing of that action. Where a satisfactory response from the alleged offending member is not received within 7 clear days (excludes weekends and public holidays) the complainant may at this point pursue any legal remedies considered to apply. ADG Issues In the case of an alleged substantial breach of the ADG code as referred to at Clause 5, the Chairman of the Board should be notified in writing of the Member involved, together with specific details of the alleged breach. The Chairman of the Board of Directors will then be responsible for communicating in writing with the Member involved regarding the alleged breach, and requesting corrective action within 7 days. In the absence of a satisfactory explanation and/or corrective action within the specified time, the Chairman of the Board is authorised to notify the relevant enforcement authority of the alleged breach. 8. Deemed Obligation All Members via their continuing membership of the Association will be deemed to have given an undertaking to abide by the foregoing Code of Practice.