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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.
In proceedings taken by the ACCC, the Federal Court has declared that GM Holden Ltd made false and misleading claims in its “Grrrrrreen” campaign which promoted the environmentally friendly nature of its Saab range of vehicles.
In the advertisements GM Holden represented that it had taken measures so that the carbon dioxide emissions from any Saab motor vehicle would be neutral over the life of that motor vehicle.
In the same advertisements, GM Holden also represented that in the first year following the purchase of a Saab motor vehicle, GM Holden would plant, on behalf of the purchaser, 17 native trees which would offset the carbon dioxide emissions for the life of that motor vehicle.
The ACCC's view was that the carbon dioxide emissions from any Saab motor vehicle would not be neutral over the life of that motor vehicle, and the planting of 17 native trees would only provide a carbon dioxide emission offset for a single year’s operation of the motor vehicle.
By consent, the Federal Court declared that GM Holden contravened sections 52 and 53(c) of the Trade Practices Act 1974 by engaging in misleading conduct.
V8 Supercars Australia Pty Ltd has acknowledged the ACCC's concerns that its claim that carbon emissions would be entirely offset by the planting of trees may have been misleading or deceptive and therefore a breach of section 52 of the Trade Practices Act, because there was no explanation that it is likely to take the life-time of the trees before those emissions are absorbed.
V8 Supercars has provided court enforceable undertakings to the ACCC that:
any future claims about 'green marketing' will be considered by a solicitor with experience in trade practices law before being made;
any future claims about trees being planted to offset carbon emissions will include an explanation about the period of time before those emissions would be offset;
that it will place an acknowledgement of the ACCC's concerns on its website for a period of no less than 2 months.