Australian Competition and Consumer Commission v AGL Sales Pty Ltd (No 2) [2013] FCA 1360

Australian Competition and Consumer Commission v AGL Sales Pty Ltd (No 2) [2013] FCA 1360

Both CPM and AGL SA, by the conduct of CPM's contracted sales representative, contravened s 75(1)(a) of the ACL by failing to leave premises immediately upon the occupier’s request (a 'do not knock' sign), and pecuniary penalties are warranted for general and specific deterrence, reflecting seriousness, circumstances, and cooperation.

Parties
Applicant: Australian Competition and Consumer Commission; First Respondent: AGL Sales Pty Ltd; Second Respondent: CPM Australia Pty Ltd; Third Respondent: AGL South Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
12 December 2013
Procedural Posture
Civil Penalty Proceeding / Penalty Hearing and Final Orders
Outcome
declarations made; pecuniary penalties ordered
Legal Topics
Unsolicited Consumer Agreements, Door to Door Selling, Pecuniary Penalties, Compliance Obligations
Consumer Law Commercial Law Unsolicited Consumer Agreements Door to Door Selling Pecuniary Penalties Compliance Obligations

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Parties

Australian Competition and Consumer Commission

Applicant

AGL Sales Pty Ltd

First Respondent

CPM Australia Pty Ltd

Second Respondent

AGL South Australia Pty Ltd

Third Respondent

Procedural Posture

Civil Penalty Proceeding / Penalty Hearing and Final Orders

Legal Issues

  1. 1 Whether CPM and AGL SA contravened s 75(1)(a) of the Australian Consumer Law by failing to leave premises when requested by way of a visible 'do not knock' notice
  2. 2 Appropriate penalty to be imposed for the contravention

Ratio Decidendi

Both CPM and AGL SA, by the conduct of CPM's contracted sales representative, contravened s 75(1)(a) of the ACL by failing to leave premises immediately upon the occupier’s request (a 'do not knock' sign), and pecuniary penalties are warranted for general and specific deterrence, reflecting seriousness, circumstances, and cooperation.

Court Disposition

declarations made; pecuniary penalties ordered

Orders

  • AGL South Australia Pty Ltd to pay a pecuniary penalty of $35,000 to the Commonwealth of Australia.
  • CPM Australia Pty Ltd to pay a pecuniary penalty of $25,000 to the Commonwealth of Australia.