ACCC commences criminal proceedings against Ballina petroleum distributors for alleged false representations about fuel

The Australian Competition and Consumer Commission has initiated criminal proceedings in the Federal Court alleging that Dojoo Pty Ltd trading as Ballina Petroleum Distributors, and its managing director, Mr Santo Pennisi, made false representations about the quality and composition of petrol sold at 12 BP branded service stations in Northern New South Wales.

The ACCC alleges that between 14 September 2004 and 22 June 2007, Dojoo caused almost two million litres of unleaded petrol to be delivered to the various service stations and placed in the tanks containing Premium, Ultimate and Lead Replacement petrol.

The ACCC alleges that as a result of mixing unleaded petrol with Premium and Ultimate, the petrol sold often had a lower octane rating than represented. The ACCC alleges that as a result of mixing unleaded petrol with Lead Replacement petrol, the petrol sold did not have the attributes ordinarily associated with Lead Replacement petrol as represented by the use of the fuel name Lead Replacement petrol on the bowsers.

The ACCC alleges that Mr Pennisi was knowingly concerned in the company's conduct.

The matter is listed for mention on 12 October 2007 at the Federal Court, Brisbane.