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On 30 July 2008, the ACCC accepted ARTC’s Interstate Access Undertaking (IAU). The IAU sets out the principles and processes under which ARTC, as an infrastructure provider of rail, will be obliged to provide access to businesses wishing to run trains on ARTC’s interstate rail network.
The interstate rail network covers the mainline standard gauge track linking Kalgoorlie in Western Australia, Adelaide, Wolseley and Crystal Brook in South Australia, Melbourne and Wodonga in Victoria and Broken Hill, Cootamundra, Albury, Macarthur, Moss Vale, Unanderra, Newcastle (to the Queensland border) and Parkes in New South Wales (NSW).
Living Momentum Pty Ltd has provided court enforceable undertakings to the ACCC after bunk beds that it had imported and supplied to consumers did not comply with the requirements of the mandatory product safety standard.
Consumer Protection Notice No.1 of 2003 – Consumer Product Safety Standard – Bunk Beds made pursuant to section 65E of the TPA requires bunk beds supplied in Australia to comply with certain requirements specified in the Australian and New Zealand Bunk Bed Standard AS/NZS 4220:1994.
Testing revealed that the bunk beds that Living Momentum had supplied to consumers did not meet a number of requirements of the mandatory Standard.
The ACCC formed the view that Living Momentum had contravened section 65C of the Trade Practices Act 1974 which prohibits a corporation from supplying goods that are in breach of product safety standards and consumer protection notices.
The ACCC has accepted a section 87B undertaking from Living Momentum to address the matter.
Living Momentum has undertaken to the ACCC that it will:
for a period of 3 years, ensure that goods supplied by Living Momentum that are subject to a prescribed safety and/or information standard under the TPA comply with the relevant standard;
at its own expense, cause to publish an information notice on its website;
display an information notice at the point of sale in its store for a period of no less than 3 months;
contact its customers who purchased the products to offer them the option to repair and modify the bunk bed, or be refunded the cost of the bunk bed and report on this obligation to the ACCC; and
establish and implement and maintain a Trade Practices Compliance Program for 3 years, to minimise the risk of future breaches of section 65C of the TPA and to ensure an awareness of the responsibilities and obligations in relation to the requirements of section 65C of the TPA.
On 18 July 2008 Australia Post lodged a locality notice under subsection 95Z(5) of the Trade Practices Act 1974. This locality notice proposed increases in prices of Australia Post's reserved letter services.
Busby Distribution Pty Ltd, the business that operates Aldo Australia stores in Victoria and New South Wales, has offered a section 87B court enforceable undertaking to the ACCC following its supply to consumers of sunglasses that failed to comply with the mandatory consumer product safety standard prescribed under the Trade Practices Act 1974 (the Act), namely AS/NZS 1067:2003 Sunglasses and fashion spectacles (the Standard).
Specifically, Busby supplied sunglasses that were not labelled with the lens category number and corresponding description.
National Foods proposed the section 87B undertaking (undertaking), in anticipation of ACCC concerns about the impact that the proposed acquisition may have on:
the acquisition of raw milk in central NSW and SA
the NSW and SA markets for the wholesale of fresh white milk
the NSW and SA markets for the wholesale of flavoured milk.
Broadly, the undertaking:
divests two milk processing facilities (Lidcombe NSW and Clarence Gardens SA)
grants licences for a range of National Foods’ and Dairy Farmers' white and flavoured milk brands
transfers/assigns depots and distribution agreements
agrees to supply raw milk for the first 12 months.
The key difference between the approaches in the two states is that in NSW, the licences for fresh white milk will be transferred to the approved purchaser for a period of two years while in SA the licensing arrangement will be perpetual.
The undertaking adequately addresses competition concerns with the acquisition of raw milk and the supply of fresh white and flavoured milk in NSW and SA.