The Australian Competition and Consumer Commission has been made aware of alleged attempts by some wholesale traders to avoid their obligations under the Horticulture Code which becomes law on 14 May 2007.
"These attempts are in the form of allegedly inducing growers to enter contracts backdated as if they were entered into, on or before the 14 December 2006 which is the cut-off date for contracts that would not be subject to the new Horticulture Code provisions," ACCC Chairman, Mr Graeme Samuel, said today.
Traders attempting to backdate contracts in this manner risk contravening the Horticulture Code of Conduct should these contracts not comply fully with the code.
Traders who induce growers into entering such contracts also risk engaging in misleading or deceptive conduct if they wrongly give the impression to growers that they will not enjoy the benefits delivered by the code.
"Traders cannot choose to 'opt out' of their legal obligations under the Horticulture Code," Mr Samuel said. "Growers and traders should seek independent advice before signing any agreements - particularly if one of the parties presents them with an agreement that has been backdated."
The ACCC regards any attempts to deliberately disregard the horticulture code very seriously and is currently investigating the complaints that have been received. The ACCC encourages any grower who has been induced to enter into a predated agreement to contact the ACCC on 1300 302 502. All complaints are treated confidentially.