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In June 2002 Qantas provided a section 87B undertaking to the Commission requiring the company to advertise the price of their airfares on an “All Inclusive Basis”.
A variation to this undertaking has been accepted by the Commission as recent Court decisions have made it clear that “All Inclusive Pricing” is not required under the Act.
The variation requires Qantas, when making representations as to the price of any airfare, to disclose the total price payable by a consumer as a necessary precondition to receiving the represented services (the Total Fare).
In 2003 Harris Scarfe advertised sales promotions in its regular catalogues and made claims particularly relating to “SAVE $X” and “AFTER THE SALE $X”.
In the case of some items an erroneous formula was used to calculate the alleged saving, and in others the item did not revert to a higher price as claimed, thereby exaggerating the nature of the saving during the sale period.
Harris Scarfe admitted this may have misled consumers in breach of ss.
Epic Energy (WA) Transmission Pty Ltd (EEWAT) offered this s87B undertaking in connection with the sale of the Dampier to Bunbury natural gas pipeline (DBNGP) to a consortium comprised of Alinta Limited, Alcoa of Australia Limited and Diversified Utility and Energy Trusts No 1 and No 2.