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Between 22 and 30 November 2000, National Australia Bank (NAB) placed full page advertisments in the following newspapers: The Land (NSW), The Stock & Land (Vic), The Weekly Times (Vic), The Farm Weekly (WA) and The Countryman (WA) promoting its Wheat Advance Product.
QuickCat Cruises (QLD) Pty Limited has provided undertakings pursuant to section 87B of the Act as part of an overall settlement package in relation to allegations that QuickCat had entered into a price fixing agreement with one of its competitors for ferry services to Dunk Island.
The undertakings include a requirement that QuickCat implement a trade practices compliance program, offer and provide free return trips on its ferry service between Mission Beach and Dunk Island to age pensioners for a period of two consecutive weeks and that such offer be communicated by notice board and newspaper advertisements.
As part of the overall settlement package, QuickCat also consented to Federal Court orders including declarations that QuickCat had breached the price fixing provisions of the Act, injunctions restraining future conduct, and an order that QuickCat contribute to the Commission's legal costs.
In September 2000, the Commission received a complaint regarding the charging of GST on a lease agreement with Oasis Credits Pty Ltd trading as Holdfast Finance Corporation.The Commission, as part of its investigations, requested advice from the Australian Taxation Office regarding the review opportunities in the lease agreement for the applicability of GST.
Advice received from the Australian Taxation Office indicated that the agreement should be characterised as a hire purchase agreement and therefore GST is only payable on the physical supply of the goods.
The Commission was concerned that the conduct of Oasis Credits Pty Ltd in representing to customers that GST was payable on their lease agreements was misleading or deceptive in contravention of the Act.
Oasis Credits Pty Ltd has given undertakings to the Commission that it will:
notify its customers of its conduct by writing and offer its customers a reimbursement of the GST incorrectly collected via crediting the amount against future payments, seek a cash or cheque refund or leave their account in credit until finalisation of the agreement;
obtain a written report confirming that the above has been completed and provide it to the Commission within one month of the Commission accepting the undertakings;
take all reasonable steps to ensure staff and agents are aware of the provisions of the Trade Practices Act 1974.
Thomson Legal & Regulatory Group Asia Pacific Limited ("Thomson") displayed the price of books on its website www.atp-online.com.au on a GST exclusive basis.
Thomson has also placed advertisements in the National Accountant and other publications on a GST exclusive basis.
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