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Global Web Enterprises Pty Ltd(GWE) and Mr Brendon Nicholas, director, has admitted to developing and causing to be published a website at the domain www.cashfororgans.com.au that contained representations that were misleading and deceptive or likely to mislead or deceive under s52 of the Trade Practices Act.
Mr Brendon Nicholas have provided court enforceable undertakings to the ACCC that he will not cause to be re-published or otherwise involved in the re-publication by any persons of the cash for organs website, solicit any person to make a payment for membership and represent that persons can lawfully buy or sell organs through the use of the website.
Mr Brendon Nicholas also provided undertakings to the ACCC that he will not represent that the site is in any way affiliated with medical professionals and represent via a website that a person has provided a testimonial in relation to the goods or services when that is not the case.
Mr Nicholas further undertakes to attend a trade practices compliance seminar within six weeks of commencing or joining the operations of any new business, trading via a website or joining the operations of any new training company, and within six months of this undertaking coming into effect complete twenty hours of volunteer work with a registered health charity.
On 26 September 2008, the ACCC accepted the undertaking of Shane Burt, a director of Toll Holdings Ltd and/or its related bodies corporate.
Under the undertaking Mr Shane Burt agrees to sell down any interest he has in Asciano Limited and thereafter maintain his independence from Asciano.
In addition, Mr Shane Burt must immediately resign from all positions within Toll, and take no further part in the company, if he ceases to meet the requisite standards of independence.
The undertaking is associated with the fifth variation, accepted by the ACCC on 18 April 2007, to the undertaking given by Toll to the ACCC on 11 March 2006. The fifth variation relates to Toll’s restructure of its group businesses by way of scheme of arrangement to create a new listed entity and trust, Asciano.
The ACCC's decision to consent to the fifth variation is given effect through the following documents:
a variation to Toll's undertakings
a new undertaking from Asciano Limited, and
new undertakings from the directors of Toll and Asciano.
A copy of those documents can be viewed on the ACCC’s website.