The Bell Gully Regulator Report lists recent changes, decisions and developments at the main New Zealand corporate, commercial and competition regulatory bodies and also lists relevant updates from the Australian Competition and Consumer Commission. This edition of the Regulator Report covers the period from 8 March 2008 to 8 April 2008. For further details on any matter in this report, just click on the hyperlink below each item.

Ministry of Economic Development (MED)

Better incentives for investment in infrastructure: Commerce Amendment Bill
The Commerce Amendment Bill was introduced to Parliament on 13 March following an 18 month review of the price control provisions of the Commerce Act 1986. The primary focus of the Bill is to reform the regulatory control provisions in Parts 4 and 4A of the Act in respect of suppliers of core infrastructural services which are not faced with competition or the threat of competition, such as electricity lines businesses, gas pipelines and now airports.  The amendments include the introduction of a specific purpose statement for this part of the Act to distinguish it from the general purpose statement of the Act which seeks to “promote competition”. The main changes include:

• an emphasis on the importance of incentives for regulated businesses to invest;
• a requirement for the Commerce Commission to set out the regulatory rules (called input methodologies) applying to these businesses and to complete this work by 30 June 2010;
• allowing fit-for-purpose regulation, such as information disclosure and a negotiate/arbitrate regime, as an alternative to full price control;
• a simpler regime for electricity lines businesses;
• a new regime of information disclosure for small locally consumer-owned electricity lines businesses where the customers are essentially the owners of the business; and
• a more robust information disclosure regime (compared to the Airport Authorities Act) for the Auckland, Christchurch and Wellington international airports, with monitoring by the Commerce Commission.

To access the Bill click here
To access the press release click here
Click here to read an article by Bell Gully senior associate, David Blacktop, on this Bill published in the current issue of NZ Lawyer

Discussion Paper: Options for Further Work on Airport Regulation Proposed for 2008/09
The MED have released a discussion paper seeking feedback on three specific options for carrying out the further work on airport regulation, namely:

• whether additional airports to Auckland, Wellington and Christchurch (AIAL, WIAL, CIAL) should be subject to regulation under the Commerce Act; and
• whether other forms of regulation should apply to regulated airport companies under the Commerce Act.

The Discussion Paper requests market participants’ assessments of the benefits and costs of each option to their organisations and the wider New Zealand economy.
Click here to access the discussion paper

Limited Partnerships Act 2008
Legislation that gives effect to new regulatory and tax rules for limited partnerships and updates the tax rules for general partnerships was passed on 13 March 2008.
Limited Partnerships are a form of partnership involving general partners (who are liable for all the debts and liabilities of the partnership) and limited partners (who are liable to the extent of their capital contribution to the partnership). They are widely used internationally as a vehicle for investing in another country, particularly in relation to private equity and venture capital investment. The changes were introduced in August 2007 in the Limited Partnerships Bill, which was split into two – the Limited Partnerships Bill and the Taxation (Limited Partnerships) Bill – at the end of the Committee stage of the debate. Minor technical changes made to the non-tax clauses of the Bill and the tax provisions as a result of recommendations of the Commerce Committee were introduced by a supplementary order before the final reading of the Bill (Supplementary Order Paper No. 176). The Limited Partnership Act 2008 and its regulations (the Limited Partnerships Regulations 2008) come into force on 2 May 2008. The regulations are largely concerned with prescribing the form that various applications, notices, and other documents provided for by the Act must take. In addition, regulation 11 provides for fees payable under the Act and regulation 12 sets out the grounds for refusing access to, or suspending, a register maintained under the Act.
To access a copy of the Limited Partnerships Act 2008 click here
To access a copy of the Taxation (Limited Partnerships) Act 2008 click here
To access a copy of the Limited Partnerships Regulations 2008 click here
Also see the Companies Office new website on the limited partnership regime at www.limitedpartnerships.govt.nz (see discussion under Companies Office below).
To view a recent Bell Gully commentary on the Limited Partnerships Bill click here

Telecom's Operational Split
Telecom New Zealand’s Amended Separation Plan, which splits Telecom into three separate divisions (network, wholesale and retail), was approved by the Minister for Communications and Information Technology on 30 March 2008 and became legally enforceable on 31 March 2008. The approved plan includes:

• Telecom Separation Plan - an introduction to Telecom's undertakings  
• Telecom Separation Undertakings  

A side letter from Telecom further explains Telecom's management of commercial and customer confidential information during the transitional period and deals with the requirements around information disclosure covered in the approved Separation Plan.
Click here to access the side letter
For further information and background to the operational separation of Telecom click here

Securities (Local Authority Exemption) Amendment Bill
The Commerce Committee has recommended the Securities (Local Authority Exemption) Amendment Bill be passed with amendments. The Bill amends the Securities Act 1978 to exempt local authorities from the full disclosure requirements of that Act when issuing debt securities to the public. This will exempt local authorities from the requirement to produce a prospectus signed by all councillors when issuing debt securities to the public. They will still be required to produce an investment statement with a certificate signed by two councillors, although all councillors will be criminally liable for the accuracy of the content of the investment statement. The amendments proposed by the Commerce Committee include additional requirements to ensure that investors and potential investors obtain adequate information on the financial position of the local authority on an ongoing basis, by requiring a local authority to:

• refer to its most recent audited annual financial statements in the investment statement that it distributes when issuing debt securities;
• refer to interim financial statements in the investment statement where the date of allotment of the debt securities is more than nine months after the last balance date;
• provide financial statements to investors and potential investors on request and free of charge; and
• state in the investment statement that the debt securities being offered are not guaranteed by the Crown, unless they are under the Public Finance Act 1989.

Click here to read the Committee's full report
To access further background on the Bill click here

Government updates priorities for Electricity Commission
Following the recommendations of a Cabinet Paper, the Government Policy Statement (GPS) on Electricity Governance (dated October 2006) is being updated. The amendments also reflect the Commission’s role under the New Zealand Energy Strategy and New Zealand Energy Efficiency and Conservation Strategy released at the end of 2007.

In a draft version of the GPS released for public consultation, the government proposes that the Commission will:

• take responsibility for how wind generation can best be integrated into the system, along with consideration of where grid upgrades are necessary to get renewable electricity from the point of generation to where it is used;
• replace the ‘1 in 60 dry year' standard for security of energy supply in the GPS by a ‘winter energy margin' (the margin between forecast capacity to supply in a mean hydro year and forecast demand) of 17% for NZ and 30% for the South Island; and
• develop a standard for "peak capacity adequacy" – the ability of the system to supply electricity on those relatively infrequent occasions when demand for power is greatest (typically a few hours during the coldest days of winter).

The Commission will also be required to continue to closely monitor new generation build and security of supply projections and to make recommendations on policy responses, if required, to any identified systematic failure. The Electricity Commission and interested stakeholders had until 4 April 2008 to make submissions on the proposed revisions.
Click here to access the draft GPS and related media statements

Carbon Capture
The MED has established a Carbon Capture and Storage (CCS) Policy Group to coordinate a review of existing legislation relevant to CCS, as well as monitoring international CCS developments. The Group has also been charged with setting a timeframe for addressing regulatory gaps in the management of potential CCS activities.
Click here for more

Companies Office

Companies Office launches Limited Partnerships website
Late February saw the launch of the new Limited Partnerships website by the Companies Office. The website provides information on the Limited Partnerships regime, which has been introduced to promote sustainable growth in New Zealand's venture capital and private equity industries.  The registers of Limited Partnerships and Overseas Limited Partnerships will be administered by the New Zealand Companies Office.  The Companies Office will provide a searchable register of Limited Partnerships and Overseas Limited Partnerships from 2 May 2008 when the Limited Partnerships Act comes into force. All forms for the registration, maintenance and removal of Limited Partnerships will also be available from 2 May 2008. More information on Limited Partnerships administration can be found at www.limitedpartnerships.govt.nz.

Securities Commission

Responsible Investment Disclosure by KiwiSaver Scheme Providers
From 1 April 2008, every investment statement for a KiwiSaver scheme or a complying superannuation fund must include a statement about the scheme's approach to responsible investment. To help KiwiSaver scheme providers understand this new disclosure obligation, the Securities Commission has published a Guidance Note - Responsible Investment Disclosure by KiwiSaver Scheme Providers.   The Securities Commission expects all schemes which do take responsible investment considerations into account to have full explanatory notes available by 30 September 2008. The Commission intends to review responsible investment disclosures made by KiwiSaver scheme providers late in 2008, and may amend or supplement the guidance note at that time. The guidance note covers:

• the legal requirements;
• what is "responsible investment"?;
• the explanatory document - how a provider should describe "the extent to which responsible investment is taken into account"; and
• how detailed should disclosure be?.

Click here to access the guidance note

Securities Amendment Regulations 2008 (SR 2008/65)
These regulations, which come into force on 10 April 2008, amend the Securities Regulations 1983 by changing some of the information that must be set out at the front of an investment statement. The information concerns engaging an investment adviser and the warnings and information concerning this process that must be included in investment statements.
Click here to access the Regulations

Foodstuffs (Wellington) Co-operative provides enforceable undertaking
The Securities Commission has accepted an enforceable undertaking under section 69J of the Securities Act 1978 from Foodstuffs (Wellington) Co-operative Society Limited (Foodstuffs) in respect of possible contraventions of the Securities Act 1978 for the issue of its securities. Foodstuffs is a registered industrial and provident society under the Industrial and Provident Societies Act and has applied to the Commission to be added as a named society in the Securities Act (Industrial and Provident Societies) Exemption Notice 2002 (Exemption Notice). When Foodstuffs is added as a named society, as part of its undertaking to the Commission, Foodstuffs and its directors have undertaken to register one or more prospectuses (that comply with the Securities Act, Securities Regulations, Exemption Notice and any other applicable exemption granted by the Commission) for the securities to which the Exemption Notice applies. Foodstuffs has also undertaken to offer to repay all other securities to which the Exemption Notice does not apply.
For further details on the enforceable undertaking click here.

Securities Act Exemption Notices

Securities Act (Cadbury Schweppes Public Limited Company) Exemption Notice 2008 (SR2008/066)
These regulations, which came into force on 14 March 2008, exempt Cadbury plc, Cadbury Schweppes Public Limited Company, and Dr Pepper Snapple Group, Inc (subject to conditions) from section 33(2), 33(3), 37, 37A, 38A, and 51 to 54B of the Securities Act 1978 and the Securities Regulations 1983 (except regulation 8) in relation to a demerger in which securities issued by the overseas companies will be offered in exchange for one another.

Securities Act (Maui Capital Indigo Fund Limited) Exemption Notice 2008 (SR 2008/67)
These regulations, which came into force on 14 March 2008, exempt Maui Capital Indigo Fund Limited and 30 associated special purpose investment companies from clause 10(1)(c) of Schedule 1 of the Securities Regulations 1983, which is the requirement that the registered prospectus must provide a prospective statement of cash flows.

Securities Act (Local Authority and Other Venture Capital Schemes) Exemption Amendment Notice 2008 (SR 2008/74)
These regulations extend the expiry date of the Securities Act (Local Authority and Other Venture Capital Schemes) Exemption Notice 2003 on its current terms to 31 May 2008 to allow the Securities Commission to consult more widely on certain issues relating to the 2003 Notice.

Securities Act (ABN AMRO Equity Derivatives New Zealand Limited) Exemption Amendment Notice 2008 (2008/78)
These regulations, which came into force on 31 March 2008, amend the Securities Act (ABN AMRO Equity Derivatives New Zealand Limited) Exemption Notice 2005 exempting ABN AMRO Equity from certain prospectus content requirements in respect of rolling instalment securities to the public. Under the Amendment Notice:

• the condition requiring the issuer of underlying securities to be a New Zealand incorporated company has been revoked, subject to the existing condition that the underlying securities are quoted on the NZX;
• the requirement to include summary information about ABN AMRO Equity, and a statement from the directors of ABN AMRO Equity regarding circumstances that may affect ABN AMRO Equity’s ability to pay its liabilities in the registered prospectus has been removed; and
• a new exemption from section 37A(1)(c) of the Securities Act 1978 has been inserted to permit ABN AMRO Equity to allot rolling instalments under a registered prospectus for up to 18 months from the date of the prospectus.

Instead, the directors are required to register a certificate every six months stating that the prospectus is not false or misleading in a material particular, and they must immediately withdraw or amend the registered prospectus should it become false or misleading at any time.

Takeovers Panel

Takeovers Panel Chairman presents at the annual Mergers and Acquisition Summit
David Jones, Chairman of the Takeovers Panel presented a paper at the Mergers & Acquisitions Summit held in Auckland on 26 March 2008. His paper consisted of two parts:

• a brief update on current matters; and
• a case study in relation to the recent determinations the Panel made in respect of Kerifresh Limited which he used to demonstrate the nuances of the Code, particularly the associate rules, and how the Panel operates in terms of time and process.

Of particular note are his comments on:

• the progress of the Panel’s consultation on schemes and amalgamations in respect of code companies.  Mr Jones noted that the Panel will be formulating its recommendations to the Minister of Commerce on changes to the law in the coming weeks and it is likely a further discussion document will be circulated by the Ministry by July this year (subject to the Ministry’s resources);
• the Panel’s intention to rigorously enforce new Rule 64 of the Takeovers Code relating to misleading or deceptive conduct in relation to Code regulated transactions. Mr Jones noted that, at an operational level, the Panel executive will be particularly active in relation to "last and final" statements made in relation to takeovers;
• another round of technical amendments to the Takeovers Code and the Takeovers Act, which is being conducted by the Panel to deal with various anomalies and technical difficulties that have come to light since the last round of technical amendments in 2006. This includes the anomaly of treating the holders of preference shares, which have no voting rights and are treated as debt securities for accounting purposes, as "shareholders" for the purposes of the "50 or more shareholders" definition of "code company".

Click here to access a full transcript of the speech

Ministry for the Environment

National Policy Statement on Electricity Transmission
The National Policy Statement on Electricity Transmission was gazetted on 13 March 2008. This Policy Statement sets out the objective and policies for managing the electricity transmission network under the Resource Management Act 1991 (the RMA). The objective and policies are intended to guide decision-makers drafting plan rules, making decisions on the notification of the resource consents and in the determination of resource consent applications, and in considering notices of requirement for designations for transmission activities. However, the national policy statement is not meant to be a substitute for, or prevail over, the RMA’s statutory purpose or the statutory tests already in existence.  Further, the national policy statement is subject to Part 2 of the RMA. For decision-makers under the RMA, the national policy statement is intended to be a relevant consideration to be weighed along with other considerations in achieving the sustainable management purpose of the RMA. For further details see:

• National Policy Statement on Electricity Transmission
• Cabinet paper: Approval of the National Policy Statement on Electricity Transmission
• Media release: Secure and reliable electricity transmission – policy statement
• Board of Inquiry Report on the proposed National Policy Statement on Electricity Transmission, with recommended National Policy Statement
• National Policy Statement on Electricity Transmission - Evaluation under Section 32 of the Resource Management Act; and
• The Minister's decision letters.

The government is currently also developing two National Environmental Standards on electricity transmission that deal with maintaining and protecting built electricity transmission structures to help ensure the robustness of the national grid.

 

Electricity Commission

Draft report on “transmission” to enable renewables
The Electricity Commission has invited submissions on the draft report on transmission to enable renewables. The purpose of the report is to enable the identification of potential opportunities for the efficient management of the grid, including investment in upgrades and transmission alternatives. The information contained in the report and the submissions received on it, will be used in preparing and finalising the Grid Planning Assumptions and the next Statement of Opportunities. Submissions must be received by 9 May 2008.
Click here for more details

Approval of a Joint Electricity and Gas Complaints Resolution Scheme
The Electricity Commission has jointly published a consultation paper (Approval of a Joint Electricity and Gas Complaints Resolution Scheme) with the Gas Industry Company. The two bodies have agreed they will act jointly to approve a single complaints resolution scheme, because a single dual-fuel scheme provides benefits such as ease of access, consistency of outcomes and efficiencies of scale. In addition, many of the same companies are involved in both sectors and many customers buy electricity and gas from the same retailer.
Click here for further details

New Zealand Commerce Commission (NZCC)

Speeches

The role of the Commission in competition
On 7 March 2008 NZCC chair Paula Rebstock gave a speech to the Auckland District Law Society providing an overview on the NZCC’s role in encouraging competition and the enforcement of competition policy. In it she discusses:

• some of the threats to competition including cartels, abuse of market power and obstruction of NZCC investigations;
• the NZCC’s review of the current clearance guidelines; and
• an overview of the NZCC’S current work with the Fair Trading Act and Credit Contracts and Consumer Finance Act to penalise anti-competitive behaviour.

Click here to access a transcript of the speech

Media releases

The NZCC has issued the following media releases:

Industry Regulation and Regulatory Control

• Review of electricity distribution businesses 2007/08 asset management plans
  The NZCC has released its review of the 2007/08 asset management plans of electricity distribution businesses, noting satisfactory progress by the majority of electricity distribution businesses towards best practice in asset management planning. Electricity distribution businesses are required to disclose their asset management plans (AMP) under the Electricity Information Disclosure Requirements (2004).
  Click here for more

Mergers and Acquisitions

• Vita NZ applies for clearance to acquire assets of Pacific Brands
  The NZCC has received an application from Vita New Zealand seeking clearance to acquire the New Zealand foams, flooring and bedding businesses of Pacific Brands.
  Click here for more

• Commission declines to give Sumitomo Forestry clearance to acquire Carter Holt Harvey MDF assets in Rangiora
  The NZCC has declined to give clearance to Sumitomo Forestry Co Limited to acquire all of the medium density fibre board (MDF) assets and business operations of Carter Holt Harvey Limited (Building Supplies Division) situated in Rangiora.
  Click here for more

• Commission declines to give DFS Group Limited clearance to acquire the New Zealand operations of The Nuance Group
  The NZCC has declined to give clearance for DFS Group Limited to acquire 100% of the shares in, or assets of, the New Zealand operations of The Nuance Group. NZCC Chair Paula Rebstock said the NZCC cannot be satisfied that the proposed acquisition will not have, or would not be likely to have, the effect of substantially lessening competition in the market of on-airport retail supply of duty free goods at Auckland International Airport.
  Click here for more

• Southern Cross and AorangiHospital apply for clearance to form a joint venture
  The NZCC has received an application from Southern Cross Health Trust and from Aorangi Hospital Limited seeking clearance to merge their respective private hospital operations in Palmerston North.
  Click here for more

• New Zealand Investment Holdings Ltd cleared to acquire RX Plastics Ltd
  The NZCC has cleared New Zealand Investment Holdings Limited (NZIH) or any of its interconnected bodies corporate to acquire 100% of the shares, or assets and business, of RX Plastics Limited. In New Zealand, NZIH is most widely known through its subsidiary, Marley New Zealand Limited.
  Click here for more

• Flint Group Holdings applies for clearance to acquire Siegwerk New Zealand Limited
  The NZCC has received an application from Flint Group Holdings to acquire up to 100% of the assets of Siegwerk New Zealand Limited. Flint Group Holdings is a multi-national company headquartered in Luxembourg.  Its business comprises the manufacture, importation and distribution of printing inks and printing ink consumables.  It has a manufacturing plant located in Penrose, Auckland. Siegwerk New Zealand Limited is a subsidiary of Siegwerk Group International, a multi-national company headquartered in Germany.  Siegwerk manufactures packaging inks at a plant located in East Tamaki, Auckland.  It is also involved in the importation and distribution of printing inks and printing ink consumables.
  Click here for more

Telecommunications

• Final report issued on regulation of mobile roaming
  The NZCC has issued its final recommendation to the Minister of Communications on the regulation of mobile roaming. It has recommended that the mobile roaming service not be designated, which means that it will not be subject to price regulation. The Commission is also recommending that the definition of the service be amended to make it compatible with modern technology.
  Click here for more

• Telecom applies for clearance to renew radio spectrum management rights
  The NZCC has received an application from Telecom New Zealand Limited seeking clearance to acquire the management rights from the New Zealand Government for the radio frequency range between 825.015 and 840 MHz, together with the corresponding natural pair management rights in the 870.015 – 885 MHz range. Telecom currently holds management rights to the 850 MHz radio spectrum (which are due to expire in 2012), along with radio spectrum management rights in a number of other bands.  Telecom uses its 850 MHz spectrum to provide its current CDMA mobile services.
  Click here for more

Consumer issues

• Finance firm fined over credit contracts
  A consumer finance company, which lends almost exclusively to the Tongan community, has been fined $37,480 in the Manukau District Court for breaches of the Credit Contracts and Consumer Finance Act (CCCF Act) and Fair Trading Act.
  Click here for more

 

Australian Competition and Consumer Commission (ACCC)

ACCC media releases

The ACCC has issued the following media releases:

Industry Regulation and Regulatory Control

• ACCC issues third Australia Post cross-subsidy report
  The ACCC has issued its third report assessing cross-subsidy between the services provided by Australia Post. The report analyses the 2006-07 regulatory accounts of Australia Post to establish whether their competitive activities (non-reserved services) are being cross-subsidised with revenue from their monopoly activities (reserved services).
  Click here for more

• ACCC releases issues paper for water market rules
  The ACCC has released an issues paper seeking submissions on the development of water market rules. The water market rules form a key component of the Water Act 2007, which creates new institutional and governance arrangements to address the sustainability and management of water resources in the Murray-Darling Basin.
  Click here for more

Mergers and Acquisitions

• ACCC not to oppose merger between LakeImaging and Western Medical Imaging
  The ACCC will not oppose the proposed merger between Lake Imaging and Western Medical Imaging.
  Click here for more

Market Behaviour

• ACCC approves collective sale of wine grapes by King and Alpine Valley growers
  The ACCC has granted authorisation to wine grape growers in the Alpine Valleys and King Valley region of north east Victoria to appoint a common agent, North East Valleys Wine Group, to negotiate wine grape supply contracts.
  Click here for more

• Hobie Cat Australasia Pty Ltd penalised $168,000 for resale price maintenance
  The Federal Court of Australia has imposed a penalty of $168,000 on Hobie Cat Australasia Pty Ltd, a kayak and sailboat supplier, for engaging in resale price maintenance in contravention of section 48 of the Trade Practices Act 1974.
  Click here for more

• $2.5 million penalties for wood preservative price-fix
  The Federal Court has found FChem (Aust) Limited, Osmose Australia Pty Ltd and Mr Edward Mark Greenacre, a former managing director of Osmose Australia Pty Ltd engaged in price fixing in the timber preservatives industry and imposed penalties in excess of $2.5 million.
  Click here for more

• ACCC proposes to allow an increase in the refrigerant gas levy
  The ACCC has issued a draft determination proposing to allow Refrigerant Reclaim Australia to increase the industry levy on refrigerant gas imported and sold in Australia from $1.50 to $2.00.  The ACCC granted authorisation in 2006 for RRA to increase the levy to $1.50. Authorisation provides protection from court action for conduct or arrangements that might otherwise raise concerns under the competition provisions of the Trade Practices Act 1974.
  Click here for more

Telecommunications

• ACCC proposes reducing regulation of DDAS and ISDN services
  The ACCC has issued its Draft Report on declaring the Digital Data Access and Integrated Services Data Network Services, and accompanying draft pricing principles with respect to the services for comment.
  Click here for more

• ACCC issues report on Telstra's compliance with its price controls
  The ACCC has issued its latest assessment of Telstra's compliance with its retail price control arrangements. This report concerns Telstra's compliance with the arrangements from January 2006 to June 2007.
  Click here for more

• ACCC accepts resolution from Optus over Fusion advertising
  SingTel Optus Pty Ltd has agreed to clarify a representation regarding their Optus Fusion bundled home phone and broadband cap advertising campaign following intervention by the ACCC.
  Click here for more

Access

• ACCC receives formal notification from G9 consortium
  The ACCC has received formal notification from the G9 consortium of telecommunications companies that the G9 consortium is withdrawing the special access undertaking, which it lodged with the ACCC on 30 May 2007. The special access undertaking sets out proposed terms and conditions of third party access to a fibre-to-the-node network.
  Click here for more

Consumer issues

• ACCC obtains consumer compensation over misleading mobile phone advertisements
  The ACCC has accepted court enforceable undertakings from Crazy John's in which the mobile telephone service provider will compensate customers who feel they were misled by the company's 'Free*' or '$0*' handset advertising campaign.
  Click here for more

• Toy seller gives undertakings over lead paint in toys
  The ACCC has accepted court enforceable undertakings from a retailer of children's toys, Captain Choppers Pty Ltd, which trades as Red Dot Stores, after the ACCC found paint on some toy cars contained too much lead.
  Click here for more

• ACCC issues airport monitoring report
  The ACCC released the 2006-07 Airport Monitoring Report.  For the first time, it reports on the quality of service and the prices charged by Adelaide, Brisbane, Canberra, Darwin, Melbourne, Perth and Sydney airports.
  Click for more

• Woolworths responds to 'green' claims concerns
  Woolworths Limited has undertaken a number of steps to resolve ACCC concerns regarding premium environmental claims made on packaging of Woolworths Select tissue products. In addition, Woolworths has agreed to review its trade practices law compliance programme to ensure it adequately deals with these issues in the future.
  Click here for more

• ATI Enterprise baby cot fails mandatory safety standard
  The ACCC has accepted a court enforceable undertaking from ATI Enterprise Pty Ltd and its directors after it imported and sold baby cots on its eBay website, Oz-Mall, that failed to comply with the mandatory product safety standard for cots for household use.
  Click here for more

• Non-compliant bunks and toys removed from market
  The ACCC has accepted court enforceable undertakings from Australian Discount Retail (Trading) Pty Ltd regarding the supply of two models of bunk beds and a military toy set called the Special Mission Combat Force Military Play Set.
  Click here for more

• Jail for discredited cancer therapist following ACCC action
  Mr Paul John Rana has been sentenced in the Federal Court, Melbourne to six months imprisonment following conviction for offences under the Trade Practices Act 1974. The offences relate to Mr Rana's failure and his involvement in the failure by other parties to comply with notices issued under section 155 of the Trade Practices Act requiring production of certain information and documents to the ACCC.
  Click here for more

• ACCC accepts court-enforceable undertakings from Fertility Solutions Sunshine Coast Pty Ltd for use of false testimonials
  The ACCC has accepted court-enforceable undertakings from Fertility Solutions Sunshine Coast for using false testimonials in an advertisement published in the Bundaberg and Region News Mail to promote its fertility services.
  Click here for more

• Federal Court declares events management company misled small businesses
  The ACCC obtained orders by consent yesterday in the Federal Court at Melbourne against The Triumphant Group Pty Ltd for breaches of the Trade Practices Act 1974 in relation to false and misleading representations in connection with the sale of licences to small businesses.
  Click here for more

• ACCC obtains court orders against Duco Magic for misleading or deceptive conduct
  The ACCC has obtained final orders by consent in the Federal Court in Brisbane against Duco Magic (Australia) Pty Ltd and its director, Mr Warwick Lindsay, for misleading prospective purchasers about the profitability and demand for Duco Magic business opportunities and services.
  Click here for more

• Go Natural amends 'fruit pieces in yoghurt' packaging
  Natur-all Pty Ltd, trading as Go Natural, will amend some packaging after ACCC concerns that the overall impression may mislead consumers about the products.
  Click here for more