Australia: Competition and Consumer Law - What's News - 19 January 2016

Last Updated: 22 January 2016
Article by Howard Rapke, Ian Robertson and Paul Venus

Most Read Contributor in Australia, September 2017

In the media

Voiteck pays $10,200 penalty for alleged false or misleading representations to retirement village residents
The ACCC issued the infringement notice because it had reasonable grounds to believe that Voiteck had made false or misleading representations to residents of Lifestyle SA retirement villages about their right to choose a telecommunications services provider (15 January 2016). More...

Harvey Norman franchisee ordered to pay penalties of $52,000 for false or misleading representations about consumer rights
The Federal Court has ordered a Harvey Norman franchisee, Bunavit Pty Ltd (Bunavit), to pay a total of $52,000 in penalties for making false or misleading representations regarding consumer guarantee rights, in proceedings brought by the ACCC (14 January 2016). More...

Glencore considers appeal over Newcastle port pricing
Mining giant Glencore is considering appealing the Federal Government's decision to not have the national competition watchdog regulate prices at the Port of Newcastle (12 January 2016). More...

Consumer watchdog alleges Darwin electronics company preyed on sick
A Darwin electronics trader will face the Federal Court over claims it misled vulnerable patients and families at the Royal Darwin Hospital (08 January 2016). More...

Petrol price information sharing proceedings resolved
The ACCC has resolved Federal Court proceedings it brought against Informed Sources and several petrol retailers after Informed Sources and the retailers agreed to make pricing information available to consumers at the same time the retailers receive it. The ACCC believes that greater transparency of petrol prices and the behaviour of petrol retailers across Australia will reduce the potential for any adverse effect of the Informed Sources service on competition (23 December 2015). More...

Safety Compliance Pty Ltd and individuals ordered to pay penalties for misleading small businesses
The Federal Court has ordered that Safety Compliance Pty Ltd (Safety Compliance) paypenalties totalling $515,000 for making false or misleading representations to small businesses in connection with the supply of safety wall charts and first aid kits (23 December 2015). More...

NRM found guilty of contempt for making representations about Advanced Medical Institute treatments
The Federal Court has found NRM Corporation Pty Ltd and NRM Trading Pty Ltd guilty of contempt of court. NRM owns and operates the business known as the Advanced Medical Institute (AMI) (18 December 2015). More...

In practice and courts, published reports

Submissions: Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
On 26 November 2015 the Senate referred the Interactive Gambling Amendment (Sports Betting Reform) Bill 2015 for inquiry and report. The closing date for submissions is 12 February 2016. The reporting date is 12 May 2016. More...

Options to strengthen the misuse of market power law: Discussion Paper
The purpose of this discussion paper is to seek the views of interested parties on options to strengthen the misuse of market power provision (section 46) of the Competition and Consumer Act 2010 (CCA). Submissions on this discussion paper close on 12 February 2016. More...


Australian Competition and Consumer Commission v Bunavit Pty Ltd [2016] FCA 6
CONSUMER LAW – misleading or deceptive conduct – consumer guarantee provisions – representations about the existence, exclusion or effect of a guarantee, right or remedy – admitted contraventions – agreed orders and pecuniary penalty – whether proposed relief appropriate. Australian Consumer Law (Cth), ss 18, 29(1)(m), 54, 55, 56, 58, 59, 61, 224, 232(1), 232(4). Competition and Consumer Act 2010 (Cth) ss 4B, 139B(2). More...

Australian Competition and Consumer Commission v Safety Compliance Pty Ltd (in liq) (No 2) [2015] FCA 1469
CONSUMER LAW – contraventions of Trade Practices Act 1974 (Cth) and Australian Consumer Law by corporation – where company in liquidation – whether pecuniary penalty should be imposed on company for general deterrence. CONSUMER LAW – contraventions of Trade Practices Act 1974 (Cth) and Australian Consumer Law by individuals – whether injunctions restraining individuals from engaging in similar conduct for a period should be ordered – whether disqualification orders should be made – whether pecuniary penalties should be ordered. Australian Consumer Law ss 18, 29(1)(a), (d), (h), (l), 224, 232, 248. Trade Practices Amendment (Cartel Conduct and Other Measures) Act 2009 (Cth). More...

Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd (No 4) [2015] FCA 1408
CONSUMER LAW – misleading or deceptive conduct – conduct liable to mislead the public as to the nature, the characteristics, or the suitability for purpose of the Nurofen specific pain products – representations that Nurofen products are specifically formulated to treat migraine, tension headache, back pain, and period pain – where each product contains the same active ingredient and the same formulation – appropriate terms of corrective notices and advertising, declarations, and injunctions. Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) ss 18, 33. More...

Casenote: Medical treatments advertising: Contempt of court
The ACCC had previously brought proceedings against a number of corporate respondents trading under the name Advanced Medical Institute and some individual respondents. The ACCC's case at trial, which was largely accepted by the trial judge, was that the corporate respondents had engaged in unconscionable conduct in their marketing and sale of medical treatments for premature ejaculation and erectile dysfunction. 17 December 2015 saw the publication of reasons in a subsequent action in which the ACCC alleged that two of the respondents had breached the orders made by North J on 22 April 2015, and for the imposition of fines for contempt. In Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 1441 the Court at [94] held that the two NRM entities (the 6th and 7th respondents) had breached paragraph 9(c)(i) of the April 2015 orders and was guilty of contempt of court by the publication of certain radio, television and internet statements. The matter was adjourned for later consideration of penalties.

Australian Competition and Consumer Commission v ACN 117 372 915 Pty Limited (in liq) (formerly Advanced Medical Institute Pty Limited) [2015] FCA 1441
CONTEMPT OF COURT – whether orders were "clear and unambiguous" and hence capable on founding contempt charge – construction of orders – whether regard may be had to reasons of trial judge – whether respondents' advertisements and website statements were statements as to "efficacy" of treatments - Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, s 21. More...

Australian Competition and Consumer Commission v A Whistle & Co (1979) Pty Limited [2015] FCA 1447
CONSUMER LAW – false or misleading representations about goods or services – where respondent published and attempted to induce and induced franchisees to publish fabricated testimonials in respect of the respondent's cleaning services. CONSUMER LAW – joint submissions on final relief – determination of the appropriate pecuniary penalty – whether declaratory and injunctive relief should be granted – whether publication of a corrective notice should be ordered. Australian Consumer Law (Cth) ss 29, 224, 232, 246; Competition and Consumer Act 2010 (Cth) Sch 2; Evidence Act 1995 (Cth) s 191. More...



Competition and Consumer Amendment (Payment Surcharges) Bill 2015
A Bill for an Act to amend the Competition and Consumer Act 2010.The objects of this Bill are to ensure that payment surcharges are not excessive; and reflect the cost of using the payment methods for which they are charged (03 December 2015). More...

Interactive Gambling Amendment (Sports Betting Reform) Bill 2015
The purpose of this Bill is to amend the Interactive Gambling Act 2001 ('the Act') in relation to online sports betting. This Bill implements harm minimisation measures to help individuals who are engaged in online sports betting better control their gambling. The Bill also establishes an Interactive Gambling Regulator who will monitor and enforce restricted wagering services' compliance with the Act. (Introduced Senate 25 November 2015). More...

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Ian Robertson
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.