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Since the APVMA issued its media release on 11 March 2004, three suppliers of pool ioniser products have commenced legal proceedings challenging the APVMA's decisions to take recall action against them. Orders made by the Administrative Appeals Tribunal have temporarily affected the recall of some ionisers.
Aquabrite and Questa Poolfresh Plus systems
The Aquabrite
system consists of an ionic water purifier and Aquabrite oxidiser.
The Questa Poolfresh System consists of the Questa Poolfresh Unit
and Poolfresh Plus oxidiser.
Aquamatics and Questa Pool Products Pty Ltd can continue to supply/sell these products until further notice provided that the following happens:
"1/ All Poolfresh System and Aquabrite System products manufactured, sold and distributed by [Aquamatics and Questa] will bear a notice stating that the product should not be used in spas until further notice.
2/ The notice must also state that the APVMA is currently assessing the products to establish their efficacy as disinfectants for use in both spas and swimming pools and that the APVMA currently recommends these products be used in conjunction with chlorine. However, in the notice [Aquamatics and Questa] may state that they have confidence in the efficacy of the products when used in swimming pools which was approved by the New South Wales Department of Health in September 2003.
3/ [Aquamatics and Questa] will include a notice to this effect prominently displayed on their websites."
Floatron
Floatron is a solar-powered ioniser. It can continue to be supplied until further notice. However, it should not be promoted or sold as being suitable for use in spas.
Aquavic
Aquavic has exercised its right to request reconsideration (by the APVMA) of the recall notice dated 17 March 2004. This request is "on hold" pending the AAT proceedings involving the Aquabrite and Questa Poolfresh Plus systems.