Undertaking date

Undertaking type

s.87B undertaking

Reference number

D10/3721007

Section

s 65C(1)(c)

Company or individual details

  • Name

    Hamanth Ravi (this entry is an individual, not a company)

Undertaking

Mr Hamanth Ravi, trading under the business name Salaam Bollywood, is a sole trader carrying on business at Shop 2, 4 Lansdowne Street, Parramatta, New South Wales. Mr Ravi's primary business is the wholesale supply of Indian music CDs and Bollywood movie DVDs imported from India.
 
In March 2010, Mr Ravi supplied chewing tobacco labelled RMD Gutkha to a trader in Western Australia for retail sale. Mr Ravi supplied the trader with 250 boxes of Gutkha, with each box containing 50 sachets.
 
Gutkha is a preparation of tobacco, crushed areca nut (also called betel nut), catechu, lime and sweet or savoury flavourings.
 
Chewing tobacco and snuffs intended for oral use are subject to a permanent ban which was imposed on 3 June 1991, when the then Minister of State for Justice and Consumer Affairs, Michael Tate, issued a Notice under section 65C of the Act imposing the permanent ban.
 
The ACCC raised concerns with Mr Ravi supply of chewing tobacco, which is a banned good, may breach section 65C(1)(c) of the Trade Practices Act 1974 (TPA).
 
Mr Ravi acknowledges that by supply chewing tobacco it contravened section 65C(1)(c) of the TPA and in response to the ACCC's concerns he:
 
a) ceased supply of chewing tobacco; and
b) offered court enforceable undertakings to the ACCC.
 
The ACCC has accepted court enforceable undertakings from Mr Ravi that he will:

a) not supply chewing tobacco while there is in place a ban on the supply of such goods; and 
b) develop and implement a Trade Practices Compliance Program to ensure awareness of his responsibilities and obligations under the TPA.