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Following misrepresentation of the availability of rear power windows on Toyota Corolla Levin wagons from December 2001 to October 2002, the Commission accepted court enforceable undertakings from Toyota Motor Corporation Australia Limited.
The undertakings include consumer redress measures to be taken and details of a future compliance review program.
These are Variations to the Undertakings accepted by the Commission on 13 December 2002.
The Variation provides for the closure of the Val Morgan slide advertising business.
Val Morgan will:
honour existing contractual obligations to exhibitors and advertisers;
honour their contractual obligations to Independent Exhibitors and, where required by those obligations, continue to pay agreed minimum guarantee payments where there is no mechanism to adjust the minimum guaranteed payment as a result of ceasing to sell any further slide advertisements for exhibition on the screens of the Independent Exhibitor.
In addition:
Val Morgan are to provide reasonable notice (2 months) to exhibitors as soon as possible that Val Morgan will not continue to sell slide advertising; and
that all existing contracts with advertisers (including those entered into during the notice period) being honoured and allowed to continue after the date on which Val Morgan cease to sell slide advertising until their contractual obligations are satisfied
The ACCC is concerned that an agreement between Des's Cabs Pty Ltd and private taxi owners in Whyalla and Port Augusta to introduce a roster may have contravened section 45 of the TPA.
In order to address these concerns Des's Cabs has agreed to give a section 87B undertaking which includes:
refraining from agreeing to or operating a roster arrangement or system that specifies when taxis or taxi owners or operators are not permitted to seek work; and
undertaking a Trade Practices compliance program.