Eyelines Tasmania Pty Ltd - s.87B undertaking

Eyelines Tasmania Pty Limited is an optical dispenser with eight stores throughout Tasmania. Eyelines has advertised on Hobart radio station HO-FM for several years. On 4 March 2002 an advertisement was broadcast on HO-FM in the form of a live-read by breakfast show presenters representing that "Eyelines is the only Tasmanian-owned and operated optical provider. It has 8 stores state wide." A number of other representations were subsequently made during the live-read advertising which lasted an estimated 30 - 45 seconds.

After the broadcast of the above advertisement, Eyelines instructed HO-FM to change the representation to "Eyelines is the only Tasmanian-owned and operated optical provider with 8 stores state wide." The amended representation was subsequently broadcast on HO-FM in the form of 5 live-read advertisements over a period of approximately two weeks during March 2002.

Eyelines is not the only Tasmanian owned and operated optical provider, nor is it the only Tasmanian owned and operated optical provider with 8 stores state wide. Following an investigation, the Commission considered these representations by Eyelines likely to constitute conduct in contravention of section 52 of the Trade Practices Act which prohibits misleading or deceptive conduct, or conduct likely to mislead or deceive.

In May 2002, Eyelines offered the Commission the following Court-enforceable Undertaking pursuant to s87B of the Act:

that Eyelines will cause to have broadcast at its own expense on HO-FM, within 30 days of the acceptance date of the Undertaking, a corrective advertisement and, further, that such corrective advertisement be:

• pre-recorded and approved by the Commission prior to broadcast;
• broadcast on 6 separate days over a two-week period; and
• broadcast during the Monday to Friday HO-FM breakfast show at similar times to the 6 Eyelines advertisements broadcast during March 2002 of 30 - 45 seconds duration for each corrective advertisement.

Eyelines will take all reasonable steps to ensure that its directors, staff and agents are made aware of the provisions of the Trade Practices Act especially in relation to misleading or deceptive conduct. This includes engaging a solicitor or other person with recognised trade practices knowledge to provide a trade practices compliance training seminar to Eyelines' managers.