Fair trading legislation enforceable undertakings
Under the Australian Consumer Law (ACT) an ‘enforceable undertaking’ is a voluntary, binding written agreement between a person or a business and the ACT Commissioner for Fair Trading.
Read about fair trading and consumer rights.
An enforceable undertaking is an alternative to the Commissioner taking court action against a business or person acting unlawfully.
The agreement confirms they have stopped any unlawful behaviours and will implement steps to make sure it doesn't happen again.
Read the Access Canberra ACL Enforceable Undertaking Guide (PDF 431KB).
Enforceable undertakings in the last 10 years
These are enforceable undertakings between the Commissioner and the named person or business in the last 10 years.
23 December 2019: Your Local Plumbing Group
Following legal action by the ACT Commissioner for Fair Trading (the Commissioner), the ACT Supreme Court has declared that Your Local Plumbing Group Pty Ltd (ACN 605 979 235) (YLPG) and its director, Mr Shameer Khan, breached the Australian Consumer Law (ACT).
The contraventions arose out of misleading advertising by YLPG.
Read the YLPG - Copy of signed undertaking (PDF 1.4MB)
7 June 2017: Playground Martini and Tapas Bar
The ACT Commissioner for Fair Trading accepted an undertaking from AIA Investments Pty Ltd trading as Playground Martini and Tapas Bar in accordance with section 66(2)(b) of the ACT Civil and Administrative Tribunal Act 2008 for a breach of the Liquor Act 2010 namely exceeding occupancy loading.
29 July 2016: Gerald Slaven
The ACT Commissioner for Fair Trading accepted an undertaking under Section 218 of the ACL from Belconnen Automotive Pty Ltd trading as Gerald Slaven.
When Access Canberra raised concerns with Belconnen Automotive Pty Ltd it acknowledged it had engaged in a practice that allegedly contravened section 29(1)(b) of the ACL by representing to consumers that their vehicle was inspected and tested at approved premises when this was not the case.
Read the Executed undertaking to the Commissioner for Fair Trading by Belconnen Automotive Pty Ltd Club Ltd trading as Gerald Slaven (PDF 201KB) (Word 84KB).
15 October 2015: Belconnen Magpies Sports Club
The ACT Commissioner for Fair Trading accepted an undertaking under section 218 of the ACL from Belconnen Magpies Sports Club Limited.
Belconnen Magpies Sports Club Ltd acknowledged it had contravened sections 120(1) and 127(1) of the Liquor Act 2010, when it allowed 11 young people, under the age of 18 years, into its City premises to attend a concert event on 28 August 2015.
4 December 2014: Blue Kombi
The ACT Commissioner for Fair Trading accepted an undertaking under section 218 of the ACL from Blue Kombi Pty Limited.
Read the Executed undertaking to the Commissioner for Fair Trading by Blue Kombi Pty Ltd (PDF 174KB).
22 September 2014: Commonwealth Motors
The ACT Commissioner for Fair Trading accepted an undertaking under section 218 of the ACL from Commonwealth Motors Pty Ltd.
When Fair Trading raised concerns with Commonwealth Motors, it acknowledged it had engaged in a practice that allegedly contravened section 29(1)(b) of the ACL by representing to consumers that their brakes were tested and deemed compliant for ACT vehicle registration purposes, when this in fact was false.
Read the Executed undertaking to the Commissioner for Fair Trading by Commonwealth Motors Pty Ltd (PDF 923KB).
24 September 2014: Ultra Tune Belconnen and Tuggeranong
The ACT Commissioner for Fair Trading accepted an undertaking under section 218 of the ACL from ILEARP Pty Ltd trading as Ultra Tune Belconnen and Seed Holdings Pty Ltd trading as Ultra Tune Tuggeranong.
4 September 2014: Wilson Parking
The ACT Commissioner for Fair Trading accepted an undertaking under section 218 of the ACL from Wilson Parking Australia 1992 Pty Ltd.
Read the Executed undertaking to the Commissioner for Fair Trading by Wilson Parking 1992 Pty Ltd (PDF 170KB).
30 June 2014: Tyre and Auto
The ACT Commissioner for Fair Trading accepted an undertaking under section 218 of the ACL from Tyre and Auto Pty Ltd.
Tyre and Auto Pty Ltd has taken over the Kmart Tyre and Auto Service business from Kmart Australia Ltd and so has taken over the obligations of Kmart Australia Ltd under its undertaking of 1 May 2013. Kmart Australia Ltd has been released from its obligations.
Read the Executed undertaking to the Commissioner for Fair Trading by Tyre and Auto Pty Ltd (PDF 545KB).