Canterbury City Council - s.87B 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.