Voyages Hotels and Resorts Pty Ltd misled consumers and contravened the Trade Practices Act 1974 by promoting tours to Yulara Pulka, Aboriginal land near Uluru, when they had no permission to enter the land or conduct the tours, the Federal Court, Darwin has declared.
Voyages has given a court-enforceable undertaking that it will not promote tours to Yulara Pulka if it does not have the required permit or the required agreement with the Aboriginal people or the appropriate Aboriginal bodies. It has been ordered to pay the ACCC's legal costs of $45,000.
"Aboriginal people should be entitled to expect that if advertising promotes access to Aboriginal land that that advertising is accurate", ACCC Chairman, Professor Allan Fels, said today. "Businesses dealing with Aboriginal people should always ensure that they obtain the necessary permits before advertising that they have the right to enter Aboriginal land.
"Voyages extensively promoted exclusive tours to Aboriginal land at Yulara Pulka in circumstances where they had no permission which would entitle them to conduct such tours.
"Exclusive tours to Yulara Pulka were likely to be a very powerful incentive to attract tourists to the Voyages resort at Uluru.
"The ACCC took court action to ensure that representations made in the tourist industry about access to Aboriginal land does not mislead consumers. Australia's tourist industry cannot afford the disaffection which can arise if tourists believe they have been misled. Tourism operators should not be in a position to achieve an advantage over their competitors through misleading advertising".
At the time of promoting the tours Voyages did not have an agreement with the Aboriginal People, the Central Land Council or the Katiti Aboriginal Land Trust allowing Voyages to conduct tours to their homeland, Yulara Pulka.
Voyages also did not have the required permit from the Central Land Council on behalf of the Katiti Aboriginal Land Trust under the Aboriginal Land Rights Act to allow entry to Yulara Pulka.
Voyages promoted tours of Yulara Pulka to local and international agents, consultants, tour operators, tourist information centres and members of the general public between 25 June 2001 and 8 May 2002 through media releases, brochures, international trade shows and via the internet. The tours formed part of Longitude 131º Resort accommodation packages or as part of tour packages from the Ayers Rock Resort. The promotions represented that customers would be taken to and would be permitted to enter Yulara Pulka.
Voyages has also provided a court enforceable undertaking to the ACCC to implement a Trade Practices Act compliance program to ensure that employees are aware of their Trade Practices Act obligations in respect of advertising.
The ACCC acknowledges Voyages cooperation in resolving this matter by consent.