MacDonald Johnston Engineering Pty Ltd (ACN 004 992 090) ("MJE") sells throughout Australia a range of road sweepers including the following models:
605LT Road Suction Sweeper ("605LT"); and
770 Cyclone Truck Mounted Regenerative Air Road Sweeper ("770 Cyclone").
The purchasers of these road sweepers are predominantly local government authorities as well as a number of other commercial entities that use the vehicles for cleaning facilities or to contract sweep local government and industrial sites.
The Commission has expressed concerns regarding certain documentation distributed by MJE at various times over a period of approximately two years in response to tender requests from many local government authorities, which included some representations as to the Australian Content and/or country of origin of the above sweepers that may contravene sections 52 and 53(eb) of the Trade Practices Act 1974 ("the Act").
In view of the Commission's concerns, MJE has entered into an undertaking with the Commission pursuant to section 87B of the Act to address the concerns raised, whereby MJE agrees to:
a) cease making representations of the type referred to above;
b) circulate Corrective Notices to affected consumers; and
c) implement a Trade Practices Compliance Program in accordance with the Australian Standard AS 3806
