Coventry Group Ltd, trading as Independent Motor Mart (IMM) in the Northern Territory, supplied elastic luggage straps which did not contain the mandatory warning label as required by the Trade Practices (Consumer Product Safety Standards) Regulations 1979, in contravention of s. 65C of the Trade Practices Act.
Coventry have withdrawn the product from sale and on 27 June 2005 gave a court enforceable undertaking to the ACCC that it will establish and implement a trade practices compliance program for IMM covering the product safety provisions of the Act.
Ultimate Engineering Australia Pty Ltd
ss. 52, 53(a), 53(c). False or misleading representations
On 5 July 2005 Ultimate Engineering Australia Pty Ltd provided court enforceable undertakings to the ACCC after representing that particular woodheaters met with the prescribed Australian/New Zealand standard AS/NZS 4013.
The standard is used to regulate the maximum particle emission rates in most states and territories within Australia, and also stipulates that models tested must comply with design drawings submitted by the manufacturer as well as specified labelling requirements.
In late 2003 the Department of the Environment and Heritage published a national woodheater audit program final report. The report showed that, contrary to claims made on the product labels, non-compliance was significant in Ultimate Engineering woodheater(s).
Ultimate Engineering Australia Pty Ltd has given court enforceable undertakings that it will:
for a period of three years, ensure that all woodheaters supplied by it will comply with the standard
implement and maintain a trade practices compliance program.
Wizard Home Loans Pty Ltd
s. 52. Alleged misleading and, or, deceptive conduct
On July 5 2005 Wizard undertook that it will not, for a three year period, make representations to any mobile lending manager candidate about the annual commission that a person may earn unless there are reasonable grounds, after considering the factors set out in paragraphs 8 (a) to (d) of the undertaking.
Wizard also undertook to implement a trade practices compliance program in the manner and form described in Annexure A of the undertaking.
R.J. Metal Pty Ltd t/as Jarrahdale Solid Fuel Heating
ss. 52, 53(a), 53(c). False or misleading representations
On 5 July 2005 R.J. Metal, trading as Jarrahdale Solid Fuel Heating, provided court enforceable undertakings to the ACCC after representing that particular woodheaters met with the prescribed Australian/New Zealand standard AS/NZS 4013.
The standard is used to regulate the maximum particle emission rates in most states and territories within Australia, and also stipulates that models tested must comply with design drawings submitted by the manufacturer as well as specified labelling requirements.
In late 2003 the Department of the Environment and Heritage published a national woodheater audit program final report. The report showed that, contrary to claims made on the product labels, non-compliance was significant in Jarrahdale Solid Fuel Heating woodheater(s).
R.J. Metal Pty Ltd has given court enforceable undertakings that it will:
for a period of three years, ensure that all woodheaters supplied by it will comply with the standard
implement and maintain a trade practices compliance program.
Perkins Industries Pty Ltd
s. 50. Mergers or acquisitions substantially lessening competition in a substantial market for goods or services.
On 5 July 2005 Perkins Industries Pty Ltd, Perkins Shipping Pty Ltd and Perkins Properties Pty Ltd (together ‘Perkins’) provided a revised court enforceable undertaking to the ACCC in respect of providing access to wharf facilities at the Port of Gove and maintaining levels of customer service.
The revised undertaking has the effect of removing any potential inconsistency between Perkins’ obligations under a court enforceable undertaking accepted by the ACCC on 24 December 2003 and Perkins’ conduct with respect to the operation of a new heavy lift wharf at the Port of Gove, for which Perkins has been granted authorisation by the ACCC.
The revised undertaking provides for access to the new heavy lift wharf and to the existing public wharf at the Port of Gove, subject to any restrictions which arise during the period of Alcan Gove Pty Limited and Alcan Gove Development Pty Limited’s (together ‘Alcan’) expansion of Alcan’s alumina refinery at Gove, and subject to the same terms as set out in the original undertaking.
The ACCC accepted the previous undertaking from Perkins in the context of Perkins’ acquisition of Gulf Freight Services, which formerly competed with Perkins in the provision of coastal shipping services to the remote communities of north-western Australia, the Northern Territory and the Gulf of Carpentaria.
The revised undertaking maintains the obligation on Perkins to provide access to certain wharf facilities at the Port of Gove, subject to the same principles and requirements.
Manningham Real Estate Pty Ltd trading as Barry Plant Doherty (Manningham)
On 8 July 2005 Manningham Real Estate Pty Ltd trading as Barry Plant Doherty, gave a court enforceable undertaking to the ACCC following an investigation into alleged misleading conduct and false representations relating to the sale of three allotments of residential land by auction in Melbourne. Following an investigation, the ACCC has reached the view that the conduct of Barry Plant Doherty breached ss. 52 and 53A of the Trade Practices Act.
On 3, 10 and 17 March 2004 Barry Plant Doherty placed an advertisement in local newspapers The Manningham Leader and The Whitehorse promoting the land without stating whether or not GST would be payable. In one auction at Council Street, Doncaster, the auctioneer stated that he did not believe GST applied when in fact there was GST liability on the hammer price.
As part of the undertaking Barry Plant Doherty has agreed to:
refrain from making false or misleading representations to potential purchasers regarding the applicability of GST to the sale of real estate
offer refunds representing half of the GST liability that was collected amounting to $24 175
implement a trade practices compliance program.
Woodland Home Products Pty Limited
ss. 52, 53(a), 53(c). False or misleading representations
On 13 July 2005 Woodland Home Products gave court enforceable undertakings to the ACCC after representing that particular woodheaters met with the prescribed Australian/New Zealand standard AS/NZS 4013.
The standard is used to regulate the maximum particle emission rates in most states and territories within Australia, and also stipulates that models tested must comply with design drawings submitted by the manufacturer as well as specified labelling requirements.
In late 2003 the Department of the Environment and Heritage published a national woodheater audit program final report. The report showed that, contrary to claims made on the product labels, non-compliance was significant in Woodland woodheater(s).
Woodland Home Products Pty Limited has given court enforceable undertakings that it will:
for a period of three years, ensure that all woodheaters supplied by it will comply with the standard
implement and maintain a trade practices compliance program.
