Competition and Consumer Act 2010

Activ8me pays penalty for misleading claims about ACCC

Telco provider Australian Private Networks Pty Ltd, trading as Activ8me, has paid a penalty of $12,600 after the ACCC issued an Infringement Notice for alleged false and misleading representations. It’s alleged Activ8me represented that its internet services were endorsed or approved by the ACCC as being superior to those offered by other providers, when this was not the case.

Netgear likely misled customers

Networking equipment manufacturer Netgear will provide remedies and refunds to customers who were misled by its warranty and technical support representations, following action by the ACCC.

From June 2016, Netgear incorrectly told customers they could not receive a remedy for a faulty product, unless they were covered by Netgear’s manufacturer’s warranty or they purchased a technical support contract.

2018 compliance & enforcement priorities

In his annual CEDA address, Chairman Rod Sims launched the ACCC's 2018 Compliance and Enforcement policy. This year, the ACCC will focus on consumer issues in broadband services and energy, competition in the financial services and commercial construction sectors, systemic consumer guarantee issues, and conduct that may contravene the new misuse of market power and concerted practices provisions.

CFMEU to pay $1m in penalties for secondary boycott

The Federal Court has ordered the Construction, Forestry, Mining, and Energy Union (CFMEU) to pay $1 million in penalties for secondary boycotts against Boral and Alsafe at construction sites in Hawthorn and Richmond, Victoria.

The court ruled that the CFMEU contravened section 45D(1) of the Competition and Consumer Act 2010  (CCA) by engaging in conduct in concert with a shop steward at both sites which hindered or prevented the acquisition of concrete from Boral and its subsidiary Alsafe for the purpose of causing substantial loss or damage to Boral’s business.

Former Advanced Medical Institute director declared bankrupt

A former director of AMI and NRM, Mr Jacov Vaisman, was declared bankrupt yesterday with the Federal Court granting the ACCC’s application for a sequestration order.

The Court‘s order follows Mr Vaisman’s failure to pay the ACCC’s costs amounting to $3,679,359.00 in proceedings brought by the ACCC against AMI and then NRM. The Court also ordered the ACCC’s costs be taxed and paid from Mr Vaisman’s estate.

Peter Foster declared bankrupt

The Federal Court declared Peter Foster bankrupt last week, granting the ACCC’s application for a sequestration order after he failed to pay costs in the SensaSlim matter.

“The ACCC took this action because we are committed to enforcing compliance with court orders made against individuals and companies for breaching consumer law,” ACCC Commissioner Sarah Court said.

Small business contacts up 30 per cent

Almost 5,000 small businesses contacted the ACCC in the second half of 2017, up from 3,700 in the preceding six months, according to the latest edition of the Small business in focus released today.


“Alleged misleading conduct, false representations and consumer guarantees remained the top issues reported to the ACCC by business last year,” ACCC Acting Chair Dr Michael Schaper said.

TPG to compensate customers for slow NBN speeds

TPG Internet Pty Ltd (TPG) will compensate nearly 8,000 of its customers who were misled about maximum speeds they could achieve on certain TPG NBN plans.

Between 1 September 2015 and 30 June 2017, TPG sold NBN broadband plans advertising a range of speeds, including the top 100/40 speed tier (download speeds of 100 Mbps and upload speeds of 40 Mbps).

TPG advertised its high-speed plan as “Seriously Fast Internet. Up to 100Mbps”.