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Variation to Undertaking of 08/08/01
Variation to the Undertaking given by Ergoline (Australia) Pty Limited ('Ergoline') clarifying wording relating to warnings required to be placed in advertisements, see paragraph (6)(b)(iii).
Background
Ergoline is a major distributor of sunbeds in Australia.
Taxis of Portland has given undertakings that it will:
refrain from operating a roster system that specified periods in which taxi operators are not permitted to seek work;
refrain from operating a roster system which allocates out of town work acquired directly by individual drivers on a 'next in line' basis;
ensure that owners, drivers and lessees are made aware that their use of mobile phones to take bookings in their taxi cabs is not prohibited under the company's rules; and
introduce a compliance program to help it comply with the Act in the future.
Between April and October 2000 Carpet One Australasia Limited produced three catalogues for its Carpet One retail store members.
Freelaw Pty Ltd trading as Super Toyworld in Darwin has provided an undertaking pursuant to section 87B of the Act in relation to allegations that Toyworld supplied bicycles which did not comply with the Pedal Bicycles Standard (AS : NZS 1927:1998).
Specifically the bicycles sold by Toyworld were found to be missing end protectors on the brake cables, bells or warning devices, reflectors and owner's manuals.
The undertaking states that Toyworld will:
cease supplying bicycles that do not comply with the Standard;
implement a Trade Practices Compliance Program; and
place an advertisment in the NT News acknowledging the supply of bicycles that did not comply with the standard and offering to rectify any non-compliant bicycles sold by Toyworld.
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.
Ampco Automotive Pty Ltd and Australian Disc Brakes Pty Ltd are responsible for the manufacture and distribution of disc brake pads.
The Commission expressed concern that the packaging used by Ampco and ADB gave consumers the impression that the brake pads sold by Ampco and ADB were Australian Made.