Undertaking date

Undertaking type

s.87B undertaking

Reference number

D12/41761

Section

ss. 18, 29(1)(a) & 29(1)(i)

Company or individual details

  • Name

    Noonkanbah Enterprise Management Company Pty Ltd

    ACN

    083 848 953

Undertaking

The ACCC has accepted undertakings under section 87B from Noonkanbah Enterprise Management Company Pty Ltd (NEMCO), the operator of the Yungngora Community Store at Noonkanbah station in the Kimberley region of Western Australia.  The ACCC had concerns that NEMCO engaged in false and misleading conduct in contravention of sections 18, 29(1)(a) and 29(1)(i) of the Australian Consumer Law (contained in Schedule 2 of the Competition and Consumer Act 2010), by:

  • selling some products well beyond "best before" dates; and
  • displaying shelf prices that were lower than the actual purchase prices.

Amongst other things, the undertaking requires NEMCO to:

  • refrain for engaging in similar conduct in the future;
  • ensure the store managers attend a compliance seminar on the CCA;
  • display an in-store corrective notice; and
  • make the ACCC Fairstore publication available to customers.