The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court in Sydney against Global Green Plan Ltd for breach of an 87B undertaking.
From 2006 to 2008 Global Green Plan operated GreenSwitch, a retailer of GreenPower under the government's national GreenPower accreditation program. Whilst operating GreenSwitch, Global Green Plan accepted payments from customers on the proviso that the money would be used to purchase renewable energy certificates. However, not all of the certificates were purchased as had been promised.
In December 2009 Global Green Plan acknowledged that its conduct was likely to have breached the Trade Practices Act 1974 and provided court-enforceable undertakings to the ACCC under section 87B of the Act.
As part of the undertakings accepted by the ACCC Global Green Plan was required to purchase approximately 4,000 renewable energy certificates by 24 March 2010, three months after the undertaking came into effect. The undertakings also required Global Green Plan to write a letter to GreenSwitch customers explaining the situation.
The ACCC alleges that Global Green Plan had not purchased the certificates or sent the letter to GreenSwitch customers by 24 March 2010 and had not done so at the time of instituting proceedings in the Federal Court.
A scheduling conference has been set down in Sydney for 6 July 2010.