Undertaking date

Undertaking type

s.87B undertaking

Reference number

D00/13685

Section

s. 47

Company or individual details

  • Canterbury City Council

Undertaking

The City of Canterbury Council required kerb-side collectors of recyclable materials to sell materials to nominated buyers. The ACCC was concerned that this contractual requirement imposed a condition upon kerb-side collectors of recyclable materials to supply other parties in the marketplace, in breach of section 47 of the Trade Practices Act 1974. The City of Canterbury Council provided a section 87B undertaking which includes the following:

  • to vary, amend or terminate contracts that are in breach of section 47 of the Act;
  • to restrain from entering a contract, arrangement or understanding that is in breach of section 47 of the Act;
  • to create and maintain a trade practices compliance program; and
  • to carry out annual independent audits of the compliance program.