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Undertakings have been provided to the ACCC by The Australian Bush Hat Co Pty Ltd (ABHC) in relation to misleading claims made about its hats. From 2006 to 2009 ABHC represented, on swing tags and labels attached to the hats, that the Premium Selection and Stateman models were Manufactured in Australia when, in fact, that was not the case. The hats were substantially manufactured in India then imported into Australia where they were finished by adding various trimmings including a decorative band and chin cord. ABHC admits that by making the representations it has contravened sections 52 and 53(eb) of the Trade Practices Act 1974. The ACCC has accepted court enforceable undertakings from ABHC including that it will not engage in similar conduct in the future, that it will publish a corrective notice in the West Australian newspaper and establish and implement a Trade Practices Compliance Program.

Netdeen Pty Ltd is the Franchisor of the G.J. Gardner Homes franchise in Australia and overseas. G.J.

On 21 September 2009, the ACCC accepted the undertaking of Mr Geoffrey Kleeman, a director of Asciano Ltd and/or its related bodies corporate. Under the undertaking Mr Kleeman agrees to remain an 'Independent Asciano Person'.

On 21 September 2009, the ACCC accepted the undertaking of Mr Malcolm Broomhead, a director of Asciano Ltd and/or its related bodies corporate. Under the undertaking Mr Broomhead agrees to remain an 'Independent Asciano Person'.

Undertakings have been provided to the ACCC by hypnotherapists Angelo and Susan Sette trading as Stop Smoking in One Hour, concerning misleading representations as to the success rate of their smoking cessation treatments. During 2008, the Settes claimed in their pamphlets and on their website that 100% of smokers successfully give up smoking after a maximum of four treatment sessions. The Settes admitted that they could not substantiate these claims and acknowledge that the conduct may have contravened sections 52 and 53(c) of the Trade Practices Act 1974. The ACCC has accepted court enforceable undertakings from The Settes that they will not engage in similar conduct in the future and will attend a Trade Practices Compliance Seminar. If consumers attended four hypnotherapy sessions conducted by the Settes and did not successfully stop smoking then they can contact the Settes on (03) 9471 9898 to obtain a refund of the cost of their hypnotherapy sessions. A corrective notice will be published on their website and in The Australian newspaper.  

The ACCC’s inquiry report published in July 2008 identified concerns that restrictive provisions in lease agreements in respect of supermarket space could restrict the ability of supermarket operators to establish supermarkets in shopping centres. The ACCC conducted an industry-wide investigation into whether restrictive provisions in lease agreements could have the purpose and/or effect of substantially lessening competition in a market.  Coles is a party to a number of the lease agreement which was the subject of an ACCC investigation. In particular, the ACCC is concerned that by including restrictive provisions in lease agreements, supermarket operators may have prevented and/or hindered other supermarket operators from entering and competing in markets for the acquisition of supermarket space and/or in retail grocery markets. To address the ACCC’s concerns, Coles has provided an Undertaking pursuant to section 87B of the TPA.

The ACCC’s inquiry report published in July 2008 identified concerns that restrictive provisions in lease agreements in respect of supermarket space could restrict the ability of supermarket operators to establish supermarkets in shopping centres. The ACCC conducted an industry-wide investigation into whether restrictive provisions in lease agreements could have the purpose and/or effect of substantially lessening competition in a market.  Woolworths is a party to a number of the lease agreement which was the subject of an ACCC investigation. In particular, the ACCC is concerned that by including restrictive provisions in lease agreements, supermarket operators may have prevented and/or hindered other supermarket operators from entering and competing in markets for the acquisition of supermarket space and/or in retail grocery markets. To address the ACCC’s concerns, Woolworths has provided an Undertaking pursuant to section 87B of the TPA.

Green Tree Corporation Pty Ltd trading as Adventure Travel Bugs is a retail travel agency that provides travel services to backpacker and budget travellers. Between 25 May 2009 and 31 August 2009, Adventure Travel Bugs caused advertisements for tour packages to be published in TNT Down Under magazines. These advertisements specified the single (total) price for the package to be $448, but the single (total) price was smaller and less prominent than the component price of $299. Adventure Travel Bugs acknowledges that it breached section 53C of the Act by failing to properly specify the single (total) price in a way that was at least as prominent as the most prominent component price advertised. Adventure Travel Bugs has ceased the conduct of concern and has offered the ACCC an undertaking under section 87B of the Act that it will: will ensure that all advertising and promotional material complies with the Act, in particular section 53C, for three years publish various corrective notices in backpacker magazines, in stores and on its website; and implement a trade practices compliance program.

Peter Pan’s Adventure Travel Pty Ltd (Peter Pan’s) is a retail travel agency that provides travel services to backpacker and budget travellers. Between at least 25 May 2009 and 31 August 2009, Peter Pan’s caused advertisements for tour packages to be published in various backpacker magazines, on its website and on promotional flyers and signs that did not correctly reflect the full total price of the packages or properly state a single (total) price for the packages. Peter Pan’s acknowledges that the publication, distribution and display of certain promotional material breached sections 52 and 53(e) of the Trade Practices Act 1974 (the Act) because: the material failed to adequately disclose or make clear to consumers that costs were payable in addition to the advertised price; and some flyers falsely advertised “Free” offers , when customers were required to pay additional costs to take up the offers.

The ACCC and other regulator and consumer protection agencies receive a significant number of complaints every year relating to the advertising and promotional practices of the telecommunications industry.