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Johnstone Shire Council and IQC Quarries have undertaken to delete a stipulation in a Lease Agreement between the Johnstone Shire Council and IQC Quarries that required all contracts let by the Johnstone Shire Council and requiring the use of quarry products, to stipulate that those quarry products would be purchased from IQC Quarries.
Johnstone Shire Council and IQC Quarries will cause a variation of the Lease Agreement to be registered with the Registrar of Titles.
Johnstone Shire Council has undertaken to refrain from making a requirement within any tender documents and contracts that contractors must purchase quarry products from a specific supplier, other than Johnstone Shire Council itself.
Johnstone Shire Council and ICQ Quarries will implement a trade practice compliance program.
From 29 January 2000 and throughout 2000, Greg Norman Production Company (GNPC), a subsidiary of Great White Shark Enterprises, was the manager of an unincorporated joint venture named the 2000 Shark Challenge Competition ('the Competition') until about August 2000 when management of the Competition was transferred to Universal Sports Challenge Limited (USCL).
Background
Ergoline is a major distributor of sunbeds in Australia. It distributed a range of brochures to tanning salon operators.
A. Royale & Co. (Aust) Pty Ltd ("A. Royale") is one of the leading suppliers of belts in Australia. In 1988 it began to import belts comprising a combination of leather and/or reconstituted or bonded leather and other non-leather components.
Mike Carney Motors has given undertakings not to:
advertise motor vehicle prices as being exclusive of GST;
make false representations concerning the accessories available on vehicles for a particular advertised price; and
advertise an "on the road drive away" price where there are additional compulsory costs.
Mike Carney Motors will place corrective advertisements in the North Queensland Register and the Queensland Country Life and ensure that at least one consumer is provided with a motor vehicle and accessories at the advertised price.
The Australian Indoor Tanning Association Pty Ltd provides the solarium industry with educational material and training courses on the use of solarium equipment.
The Commission considered that the Association had distributed misleading promotional material because it contained statements suggesting that solarium tanning brings health benefits and carries no risks.
Forrester Kurts acknowledges representations regarding negative gearing opportunities of real estate, and the availability of Qantas Frequent Flyer Points for purchasers, are in contravention of s52 and s53(e) of the Trade Practices Act.
Forrester Kurts undertakes to write to purchasers identified as likely to have seen the advertisement, and for those purchasers who claim to be misled by the advertisement, offer to rescind their contracts and refund all moneys paid.
On 25 July 2001 the Commission accepted a Variation to this Undertaking. The Variation provides that the Undertaking will cease to have effect from 1 August 2001.
In or about February 2001, Archery Wizard Australia sent to five Australian archery retailers a letter with an attached price list offering the retailers the opportunity to become retailers of Merlin Bows.
Apollo is an importer and wholesaler of bicyles and cycling accessories.
Advertisements appeared in APN Newspapers between July 2000 and April 2001 promoting a employment service offered by inthebigcity.com Pty Ltd where callers to a 1900 premium rate telephone service (at $2.48 per minute) would be guaranteed work, and be entitled to discounts on accommodation and removalist costs.
The Commission alleged that the representations in the advertisement breached the false and misleading provisions of the Trade Practices Act - specifically sections 52, 53(c), 53(d) and 53B.
The undertakings:
determine and limit which Franklins stores Woolworths may acquire;
limit Woolworths' use of Franklins brands;
prevent Woolworths from interfering in the JIDA process;
require divestiture of certain stores;
require acts in relation to other existing and proposed stores; and
require the fulfilment of obligations to facilitate the sale of Franklins stores in accordance with a package accepted by the Commission.
The undertakings detail:
the sale of Franklins stores;
limits on stores to be sold to Woolworths;
limits on Woolworths' use of Franklins product brands; and
obligations to facilitate the sale of Franklins stores to independent operators.
Keith Harris & Co Ltd trading as Orchy, made "Product of Australia" representations on fruit juice and drinks that contained juice not made in Australia.
Medibank Private has provided court-enforceable undertakings in relation to allegations of unconscionable conduct in its Hospital Purchaser Provider Agreement (HPPA) dealings with Toowong Private Hospital, an independent specialist psychiatric hospital in Brisbane.
Medibank Private attempted to impose a unilateral contract variation clause in its HPPA with Toowong Private Hospital, which would have allowed Medibank Private to vary the terms of the HPPA without the consent of the hospital.
Qantas Airways Limited ("Qantas") and Impulse Airlines Holdings Limited ("Impulse") publicly announced a proposal to enter into a commercial arrangement on 1 May 2001. Qantas provided a draft submission to the ACCC on 2 May 2001.
In June 2000 American Golf Supplies Pty Ltd, through its Director Paul Roser, circulated a contract entitled "Memorandum of Trading Terms of Ping Fitting Accounts" which required its retail customers of PING golfing products not to advertise PING products at other than suggested retail prices set by Mr Roser.
Between 22 and 30 November 2000, National Australia Bank (NAB) placed full page advertisments in the following newspapers: The Land (NSW), The Stock & Land (Vic), The Weekly Times (Vic), The Farm Weekly (WA) and The Countryman (WA) promoting its Wheat Advance Product.
QuickCat Cruises (QLD) Pty Limited has provided undertakings pursuant to section 87B of the Act as part of an overall settlement package in relation to allegations that QuickCat had entered into a price fixing agreement with one of its competitors for ferry services to Dunk Island.
The undertakings include a requirement that QuickCat implement a trade practices compliance program, offer and provide free return trips on its ferry service between Mission Beach and Dunk Island to age pensioners for a period of two consecutive weeks and that such offer be communicated by notice board and newspaper advertisements.
As part of the overall settlement package, QuickCat also consented to Federal Court orders including declarations that QuickCat had breached the price fixing provisions of the Act, injunctions restraining future conduct, and an order that QuickCat contribute to the Commission's legal costs.
In September 2000, the Commission received a complaint regarding the charging of GST on a lease agreement with Oasis Credits Pty Ltd trading as Holdfast Finance Corporation.The Commission, as part of its investigations, requested advice from the Australian Taxation Office regarding the review opportunities in the lease agreement for the applicability of GST.
Advice received from the Australian Taxation Office indicated that the agreement should be characterised as a hire purchase agreement and therefore GST is only payable on the physical supply of the goods.
The Commission was concerned that the conduct of Oasis Credits Pty Ltd in representing to customers that GST was payable on their lease agreements was misleading or deceptive in contravention of the Act.
Oasis Credits Pty Ltd has given undertakings to the Commission that it will:
notify its customers of its conduct by writing and offer its customers a reimbursement of the GST incorrectly collected via crediting the amount against future payments, seek a cash or cheque refund or leave their account in credit until finalisation of the agreement;
obtain a written report confirming that the above has been completed and provide it to the Commission within one month of the Commission accepting the undertakings;
take all reasonable steps to ensure staff and agents are aware of the provisions of the Trade Practices Act 1974.
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