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Post by dieseltojo on Apr 1, 2020 19:29:14 GMT 10
NBN Co, telcos to coordinate on demand surge and consumer support package www.accc.gov.au/media-release/nbn-co-telcos-to-coordinate-on-demand-surge-and-consumer-support-packageNBN Co, telcos to coordinate on demand surge and consumer support package 1 April 2020 The ACCC has granted interim authorisation allowing NBN Co and five retail service providers (RSPs) to work together to take measures necessary to keep Australia’s telecommunications networks operating effectively during the COVID-19 pandemic as well as support consumers and small businesses adversely impacted by the pandemic. At the request of the Minister for Communications, Cyber Safety and the Arts, NBN Co and Australia’s five biggest retail service providers have formed a special working group, which includes Telstra, Optus, Vodafone Hutchison, TPG and Vocus. The group will share information, coordinate strategies to manage congestion and take other steps to address significant demand changes caused by the COVID-19 pandemic and the large numbers of people now at home during the day. The ACCC will be an observer on the special working group. The five RSPs and NBN Co have also sought urgent authorisation to provide support for consumers and small business customers experiencing financial difficulties as a result of COVID-19. The ultimate aim is to ensure that consumers are able to stay connected to communications services throughout the pandemic. “Online services and connections are now more important than ever, as Australians seek to stay productive and engaged, undertake home schooling, telehealth and access other services. The ability to do all this will also assist people to comply with increasingly strict social distancing measures,” ACCC Chair Rod Sims said.
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Post by dieseltojo on Apr 6, 2020 10:29:04 GMT 10
www.accc.gov.au/media-release/scammers-targeting-superannuation-in-covid-19-crisisScammers targeting superannuation in COVID-19 crisis 6 April 2020 Scammers are now trying to exploit Australians financially impacted by the COVID-19 crisis with new superannuation scams being reported to Scamwatch in recent weeks. Scammers are already trying to take advantage of the Government’s recent announcement that people suffering financial hardship can have partial access to their superannuation from mid-April. “Scammers are cold-calling people claiming to be from organisations that can help you get early access to your super,” ACCC Deputy Chair Delia Rickard said. “For most people, outside of their home, superannuation is their greatest asset and you can’t be too careful about protecting it.” “The Australian Taxation Office is coordinating the early release of super through myGov and there is no need to involve a third party or pay a fee to get access under this scheme.” “Never follow a hyperlink to reach the myGov website. Instead, you should always type the full name of the website into your browser yourself,” Ms Rickard said. Since the Government’s announcement in March, there have been 87 reports of these scams, but no reported losses. In most cases the scammers are seeking to obtain personal information, including information that will help them fraudulently access the victim’s superannuation funds. “While older people are more commonly affected by superannuation scams, the new early-access scheme means a range of age groups are now experiencing these scams,” Ms Rickard said. “We also have reports of scammers offering to check if a person’s super account is eligible for various benefits or claiming the new scheme will lock people out of their accounts.” In 2019, Australians lost over $6 million to superannuation scams with people aged 45-54 losing the most amount of money.
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Post by dieseltojo on Apr 6, 2020 10:30:55 GMT 10
Telecommunication priorities during the COVID-19 crisis 6 April 2020
The recent data from the ACCC’s Measuring Broadband Australia test units are showing daytime NBN speeds have not been impacted, and speeds are holding up well on most evenings, ACCC Chair Rod Sims said. “It is clear that NBN Co.’s temporary boost in network capacity which allows RSPs to increase their capacity on the network by up to 40 per cent at no extra cost for three months is underpinning these encouraging results,” Mr Sims said.
Mr Sims was speaking via Zoom at the Comms Day Summit 2020: ‘Redefining Tomorrow. Together’. “Despite serious issues when there was a massive increase in calls to some government numbers, mobile networks are handling the increase in volume quite well,” Mr Sims said. “Retailers are increasing plan allowances or reducing excess charges to help their customers adjust, and they should be applauded for this.”
Mr Sims said during the health crisis the ACCC was focused on the delivery of better communication services while maintaining long term competition and efficiency in the market. “Last week we granted interim authorisation to allow the NBN Co and Australia’s five biggest RSPs, who together formed a special working group, to immediately coordinate on the significant surge in network demand,” Mr Sims said.
“We will want vigorous competition, however, to drive the recovery when it comes.”
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Post by dieseltojo on Apr 7, 2020 15:33:15 GMT 10
www.accc.gov.au/media-release/private-and-public-hospitals-to-cooperate-on-covid-19-in-victoria-and-queenslandPrivate and public hospitals to cooperate on COVID-19 in Victoria and Queensland 7 April 2020 The ACCC has separately authorised private hospitals in Victoria and in Queensland to cooperate with their state health agencies, public hospitals and each other, as they prepare for and respond to the COVID-19 pandemic. State governments are seeking to boost the capacity of their health systems during the current health crisis by integrating the operations of public and private hospitals. These two ACCC authorisations will help facilitate this by allowing private and public hospitals in each state, and state governments, to work together; for example by discussing expected demand for services and available resources, sharing and jointly procuring equipment, medicines and other resources, allocating patients between hospitals, or sharing staff. “There is a clear public interest in health authorities and hospitals responding to this pandemic in a cooperative, transparent and efficient way,” ACCC Chair Rod Sims said. “These authorisations will help ensure that hospitals and health authorities in Victoria and Queensland can take necessary steps to provide co-ordinated and consistent care for what may be a significant rise in patients.” The applications follow the Commonwealth Government’s recent direction for all hospitals to temporarily suspend the majority of elective surgery to free up resources to deal with expected surges in demand from COVID-19 patients.
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Post by dieseltojo on Apr 8, 2020 16:18:01 GMT 10
www.accc.gov.au/media-release/private-health-insurers-to-cooperate-on-covid-19-coverage-and-deferral-of-premiums8 April 2020
Private health insurers have been granted conditional interim authorisation to co-ordinate on providing financial relief to policy holders during the COVID-19 pandemic, and broadening insurance coverage to include COVID-19 treatment, tele-health and medical treatment provided at home.
The ACCC granted interim authorisation after receiving an application lodged by Private Healthcare Australia (PHA), Members Health Fund Alliance and the members of both groups. The interim authorisation is conditional on details of proposed measures being provided to the ACCC in advance. It also excludes agreements to increase premiums, and specifies that any agreements reached must terminate when authorisation ceases.
“Providing financial relief for policy holders during this pandemic is an important and welcome measure. We are also pleased to see moves to cover tele-health consultations, so that policyholders can still safely consult health professionals,” ACCC Chair Rod Sims said.
“However, we are concerned there is a risk that some of the proposed arrangements may have a long-term anti-competitive effect, especially as this authorisation covers a majority of private health insurers.”
“We have imposed conditions on this authorisation to help minimise this risk by preventing insurers from coordinating to increase premiums, and ensuring agreements entered into under the authorisation cannot last longer than necessary because of the COVID-19 pandemic,” Mr Sims said.
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Post by dieseltojo on Apr 14, 2020 12:47:37 GMT 10
14 April 2020 The ACCC has granted interim authorisation allowing life insurers to co-ordinate to ensure frontline healthcare workers are not excluded from coverage due to potential or actual exposure to COVID-19. The interim authorisation, granted to the Financial Services Council (FSC) and its members, means that exposure to COVID-19 cannot be used as a reason to decline life insurance coverage to a frontline health worker, or to charge higher premiums or apply risk exclusions to any new policy.
The FSC members’ commitment applies to workers including, but not limited to, doctors, nurses and all hospital workers; ambulance workers and paramedics; people working at GP surgeries or clinics; people working on COVD-19 vaccines; pharmacists; police; aged care workers and volunteers supporting people with COVID-19.
“This is a stressful time for everyone, but especially those working at the frontline of our response to the COVID-19 pandemic. It’s sadly understandable that such workers may consider life insurance coverage at this time,” ACCC Chair Rod Sims said.
“I strongly encourage everyone looking to purchase life insurance to first check the cover they may have under existing policies and through their superannuation fund.”
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Post by dieseltojo on Apr 22, 2020 16:22:09 GMT 10
www.accc.gov.au/media-release/petrol-retailers-should-reduce-their-prices-in-line-with-falls-in-international-petrol-prices2 April 2020 Petrol retailers should not use the current pandemic to further increase profits, which the latest ACCC petrol industry report shows have risen in recent years, and should pass on the full benefit of falling oil prices to motorists, the ACCC has said. Weekly average international crude oil prices have decreased by around US$ 50 per barrel since the beginning of the year and this has largely flowed through to Australian wholesale petrol prices, which have decreased by around 50 cents per litre (cpl) in the same period. Over the same period, seven-day rolling average petrol prices across the five largest cities (i.e. Sydney, Melbourne, Brisbane, Adelaide and Perth) have decreased by around 45 cpl. These cities have regular petrol price cycles, which makes it difficult to assess the exact flow through of falls in international crude oil and refined petrol prices in the short term. “The drop in the crude oil price is good news for the Australian motorists. At this time the Australian economy needs all the assistance it can get, and lower world crude oil prices are one of the few positives from current world events,” ACCC Chair Rod Sims said. “In the larger Australian capital cities, petrol retailers took too long to pass on the savings from the rapid drop in international oil prices, and this did not reflect well on them.” In Hobart, Canberra and Darwin as well as many regional locations, retail prices have been much slower to come down and the extent of the falls has varied widely.
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Post by dieseltojo on Apr 24, 2020 21:15:00 GMT 10
www.accc.gov.au/media-release/temporary-exemptions-under-consumer-data-rightTemporary exemptions under Consumer Data Right 24 April 2020 Three-month exemptions have been granted to financial services providers required to share product reference data by 1 July 2020, due to the impact of the COVID-19 pandemic. The temporary exemptions under the Consumer Data Right, until 1 October, will apply to non-major ADIs, including non-major banks, building societies and credit unions, and extend to non-primary brand products offered by the major banks. The major banks have been sharing product reference data since July 2019. Product reference data refers to information about a bank’s rates, fees and features of banking products. This data can be used by businesses, such as comparison sites, to compare products in the market. “The ACCC is granting these exemptions as an acknowledgement of the intense resource requirements of the industry as a result of the COVID-19 pandemic, and in particular non-major banks that may not be able to prioritise this at this time,” ACCC Commissioner Sarah Court said. “We understand that financial providers are dedicating many resources at present to support their customers, however we do encourage providers to share product reference information on a voluntary basis if they are in a position to do so,” Ms Court said.
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Post by dieseltojo on Apr 24, 2020 21:16:53 GMT 10
www.accc.gov.au/media-release/sta-travel-to-pay-14-million-in-penalties-for-misleading-advertisementsSTA Travel to pay $14 million in penalties for misleading advertisements 24 April 2020 The Federal Court has ordered that STA Travel Pty Ltd (STA Travel) pay $14 million in penalties for making false or misleading claims when advertising its MultiFLEX Pass product. STA Travel admitted that, between March 2014 and August 2019, it made misleading representations in MultiFLEX Pass advertising that consumers who bought the airfare add-on could change their flights without paying fees or charges. “Consumers were misled into purchasing the MultiFLEX Pass on the representation that they would not have to pay anything further for date changes to their flights, when, in fact, STA often charged consumers hundreds of dollars for changing their flights” ACCC Commissioner Sarah Court said. In many cases, STA Travel’s charges were not reflective of additional fees imposed by the airline. For example, in almost a quarter of cases where a customer was charged extra by STA Travel, the amount was more than double the additional airfare and tax imposed by the airline. “In 12 per cent of cases, STA Travel charged MultiFLEX Pass customers to make a change to a flight although the airline itself had not charged STA Travel anything at all for the change,” Ms Court said.
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Post by dieseltojo on Apr 30, 2020 16:49:17 GMT 10
ACCC authorises Gumtree’s acquisition of Carsguide and Autotrader 30 April 2020 The ACCC has granted unconditional merger authorisation to Gumtree’s proposed acquisition of Cox Australia Media Solutions (Cox Media), allowing Gumtree Cars to be combined with Cox Media’s Carsguide and Autotrader sites. “We authorised this merger because we concluded it was not likely to lead to a substantial lessening of competition, including in the supply of online automotive classifieds in Australia. Therefore it was not necessary to consider the public benefit limb of the authorisation test,” ACCC Chair Rod Sims said.
Carsales is the leading provider of online automotive classified advertising in Australia and is a significant competitive constraint on Gumtree and Cox Media. Facebook Marketplace is also a growing competitor to Gumtree and Cox Media in the supply of online automotive classifieds services.
“Our investigation showed that Carsales and Facebook Marketplace are likely to continue to provide significant competition in online automotive classifieds after Gumtree acquires Cox Media,” Mr Sims said.
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Post by dieseltojo on Apr 30, 2020 16:49:49 GMT 10
www.accc.gov.au/media-release/bob-jane-gives-undertaking-in-relation-to-franchise-agreementsBob Jane gives undertaking in relation to franchise agreements 30 April 2020 Bob Jane Corporation Pty Ltd (Bob Jane) has given the ACCC a court-enforceable undertaking to comply with its obligations under the Franchising Code of Conduct in relation to renewal and extension of franchising agreements. The ACCC was concerned that Bob Jane failed to comply with its obligations under the Code relating to end of term and renewal of agreements. In particular, Bob Jane failed to notify some franchisees whether it intended to renew or extend their franchise agreements at least six months before the expiry of their agreements. The ACCC was also concerned that it extended the term of certain franchise agreements without first providing required documentation to franchisees and obtaining a written statement that the franchisees had received, read and had an opportunity to understand certain documentation. “Under the Franchising Code, franchisors must notify franchisees in writing whether they intend to extend or renew the agreement prior to the expiry of the agreement,” ACCC Deputy Chair Mick Keogh said. “This is an important obligation as it allows franchisees to make informed decisions about the future direction of their business.”
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Post by dieseltojo on May 3, 2020 9:01:37 GMT 10
Flight Centre to refund cancellation fees www.accc.gov.au/media-release/flight-centre-to-refund-cancellation-fees3 May 2020 The ACCC has welcomed the announcement that Flight Centre will stop charging customers hundreds of dollars in cancellation fees in order to get a refund for travel cancelled due to the COVID-19 pandemic. Flight Centre will refund thousands of customers who, from 13 March, were charged $300 per person to get a refund for a cancelled international flight or $50 for a domestic flight. This policy will also apply to cancellations fees charged by Aunt Betty, Travel Associates, Student Universe, Universal Traveller and Jetescape Travel (trading as Byojet Travel), which are part of the Flight Centre group. Flight Centre’s decision follows weeks of pressure from the ACCC for Flight Centre to improve its treatment of customers during COVID-19 travel restrictions. The ACCC said its next step would have been court action if Flight Centre did not change its position. This announcement will provide faster relief for consumers than would have been likely to have resulted from any court action.
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Post by dieseltojo on May 3, 2020 15:06:45 GMT 10
I don't want comments here, but just saying this is a reminder of this issue on a dispute with Jayco. from way back in 2017.
I have just written to them to know if there was an update that I somehow missed. Like all letters to gummerment, who knows if I will get a response.
Now doubt Jayco would be in for the long haul on this one. They want no further out comes known. So we will wait and see.
ACCC takes action against Jayco www.accc.gov.au/media-release/accc-takes-action-against-jayco29 November 2017 The ACCC has instituted proceedings in the Federal Court against Jayco Corporation Pty Ltd (Jayco), Australia’s largest caravan and recreational vehicle manufacturer, alleging it breached the Australian Consumer Law (ACL) by its conduct towards four customers who purchased defective Jayco caravans.
The ACCC alleges that, between 2013 and 2015, Jayco acted unconscionably towards four customers by obstructing them from obtaining redress, such as a refund or replacement for their defective caravan. Jayco allegedly did this despite knowing the caravans were defective and not functioning properly, even after repeated, and failed, repair attempts.
The ACCC also alleges Jayco made false or misleading representations to the four affected customers about their rights to obtain a refund or replacements for their defective caravan, including that Jayco represented that it had no role or responsibility to provide a remedy such as a refund or replacement vehicle.
“The numerous defects in the Jayco caravans sold to these four consumers became apparent at the time of purchase, or very soon after and included issues such as misalignment in the roof, which did not close properly and leaked,” ACCC Chairman Rod Sims said.
“Under the Australian Consumer Law, consumers are entitled to a replacement or refund if there is a major failure with their product. In this case, the ACCC alleges that the four customers were each entitled to a refund or replacement from Jayco because the defects could not be repaired or constituted a major failure.”
“Despite requests from the four customers for a refund or replacement, the ACCC alleges that Jayco repeatedly told these four customers that their only remedy available was yet another repair. This understandably caused a lot of distress for the customers,” Mr Sims said.
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Post by dieseltojo on May 12, 2020 23:21:22 GMT 10
Court orders $6m in penalties against Bupa and compensation for consumers www.accc.gov.au/media-release/court-orders-6m-in-penalties-against-bupa-and-compensation-for-consumers12 May 2020 The Federal Court has ordered that Bupa Aged Care Australia Pty Ltd (Bupa) pay $6 million in penalties for making misleading representations and wrongly accepting payments for extra services not provided or only provided in part to residents at 20 aged care homes. The Court has also ordered Bupa by consent to compensate all affected current and past residents within 12 months. Bupa has already commenced paying compensation to affected residents and estimates that it will pay around $18.3 million in total. From 15 April 2013 to June 2018, residents at 20 of Bupa’s aged care homes in NSW, Victoria, Queensland and Tasmania, paid for a package of extra services, which often amounted to thousands of dollars annually. Bupa admitted that it failed to supply some of these extra services, or only partially supplied them. “Bupa’s failure to provide services for which it accepted payment is extremely disappointing and likely lessened the quality of life of the aged care residents in Bupa’s care,” ACCC Chair Rod Sims said. A total of 95 extra services were either not provided or only partially provided by Bupa, despite being included in extra services agreements between Bupa and residents.
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Post by dieseltojo on May 15, 2020 16:08:53 GMT 10
Queensland Yoghurt pays penalty for failing to disclose gelatine ingredient
15 May 2020Queensland Yoghurt Company Pty Ltd (QYC) has paid a penalty of $12,600 after the ACCC issued it with an infringement notice for allegedly misleading consumers by omitting gelatine as an ingredient in some of its yoghurt products.
The ACCC alleges that, from at least 2 July 2019, QYC failed to disclose the presence of gelatine, or the compound ingredient CFT-1 of which gelatine was a component, in its Queensland Yoghurt products, when in fact gelatine was an ingredient.
“Consumers rely on accurate labels to make informed purchasing decisions,” ACCC Commissioner Sarah Court said. The ACCC had reasonable grounds to believe that by omitting gelatine (or CFT-1) from its ingredient list, QYC’s statement of ingredients was false or misleading, in contravention of the Australian Consumer Law. “QYC’s failure to disclose gelatine means consumers may have purchased its yoghurt products believing they did not contain gelatine,” Ms Court said.
“This may be of particular concern to consumers who have chosen not to consume gelatine for dietary, religious, environmental or ethical reasons.”
The ACCC was also concerned that QYC was not competing fairly in a market where products are differentiated by their ingredients, by being able to offer an apparently more attractive product which was represented to be free from gelatine.
“Misleading representations relating to food are a 2020 enforcement priority area for the ACCC, and we will continue to take enforcement action where necessary,” Ms Court said. QYC has committed to amend its products’ statement of ingredients by the end of May. Food manufacturers must comply with the Australian Consumer Law, the Food Standards Code Australia and New Zealand and the relevant state legislation which requires labels to provide accurate information regarding a product’s ingredients.
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