ACCC takes criminal proceedings against discredited cancer therapist

The Australian Competition and Consumer Commission has instituted criminal proceedings in the Federal Court, Melbourne, against Mr Paul John Rana, NuEra Wellness Centre Pty Ltd and Mr Micheal Lee Rana for allegedly refusing or failing to provide documents and information to the ACCC when legally required to do so under the Trade Practices Act 1974.
 
In 2006 the ACCC issued a number of notices under Section 155 of the Act to Mr Paul Rana and certain of the NuEra group of companies*. The notices were issued in connection with the ACCC's investigation into alleged conduct by Mr Paul Rana and other persons involving false and misleading representations and unconscionable conduct in relation to cancer cure claims.

In the criminal prosecution, the ACCC alleges:

• Mr Paul Rana refused or failed to comply with a notice issued on him and also that he aided, abetted counselled or procured the commission of an offence by three companies from the NuEra group for failing or refusing to comply with notices issued upon them
• NuEra Wellness Centre Pty Ltd refused or failed to comply with a notice issued on it, and
• Mr Micheal Rana aided, abetted, counselled or procured the commission of an offence by NuEra Wellness Centre Pty Ltd for failing or refusing to comply with the notice issued upon it.

Section 155 of the Act gives the ACCC broad investigatory powers to obtain information, documents and evidence in relation to possible contraventions of the Act.  It is an offence under s. 155(5) of the Act to refuse or fail to comply with a notice issued under s. 155 of the Act. A person who is convicted of an offence under this section may be punished with a fine or imprisonment for 12 months.

The charges are being prosecuted by the Commonwealth Director of Public Prosecutions.

The Federal Court has made orders for the filing and service of documents in the matter. The matter is returnable before Justice North in the Federal Court on 3 September 2007.
 
This is the second recent criminal prosecution by the ACCC over alleged failure to comply with Section 155 notices.

*The NuEra group of companies referred to are: Alternative Care Facility Pty Ltd, NuEra Health Pty Ltd (in liquidation), NuEra Care Centre Pty Ltd, NuEra Investments Pty Ltd, NuEra Practitioner Pty Ltd and NuEra Wellness Centre Pty Ltd.