Undertaking date

Undertaking type

s.87B undertaking

Reference number

D03/43297

Section

ss. 52, 53(a), 53(eb) and 55

Company or individual details

  • Name

    Schwarze Industries Australia Pty Ltd

    ACN

    089 416 937

Undertaking

Schwarze Industries Australia Pty Ltd (CAN 089 416 937) (“Schwarze”) sells throughout Australia a range of road sweepers including the following models:

A6500XL; and
A5500.

The purchasers of these road sweepers are predominantly local government authorities as well as a number of other commercial entities that use the vehicles for cleaning facilities or to contract sweep local government and industrial sites.

The Commission has expressed concerns regarding certain documentation distributed by Schwarze at various times over a period of approximately two years in response to tender requests from many local government authorities and appearing on its website, which included some representations as to the Australian Content of the above sweepers and the country of origin of some of the constituent parts of the sweepers that may contravene sections 52, 53(a), 53(eb) and 55 of the Trade Practices Act 1974 (“the Act”).

In view of the Commission’s concerns, Schwarze has entered into an undertaking with the Commission pursuant to section 87B of the Act to address concerns raised, whereby Schwarze agrees to:

  • cease making representations of the type referred to above;
  • circulate a Corrective Notice to affected consumers; and
  • implement a Trade Practices Compliance Program