ACCC response to opposition call on alleged misleading Government GST advertising campaign

The Australian Competition and Consumer Commission notes today's joint statement by the Leader of the Opposition and the Shadow Attorney General calling on the ACCC "and the Federation of Australian Commercial Television Stations to take action against misleading and deceptive advertisements published as part of the Commonwealth Government's $80 million GST marketing campaign".

The ACCC, as recently as last Sunday on Meet The Press on Channel 10, has generally taken the view that since Part V of the Trade Practices Act 1974 only applies to persons or corporations engaged in trade or commerce, it does not apply to advertisements or other statements by government or political parties in the course of political debate or political advertising or in the course of governments issuing advertisements or information informing, or purporting to inform the public about their policies and their claimed effects.

The ACCC notes that it is only in recent times that an all-party inquiry conducted by Members of the Federal Parliament concluded that the law should not be changed so as to apply the provisions of the Act in the above circumstances.

There are also precedents for the ACCC taking this view of claims made during a number of previous election campaigns when one party or the other has sought to get it to intervene.

However, the ACCC, as is its normal practice, will consider the request by the Federal Opposition and will reach a final view as soon as possible when it has had a opportunity to consider the matter in more detail.