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Rose, Merri --- "Fair Trade Warnings: Beware Dodgy Didgeridoos and Bogus Boomerangs" [2003] IndigLawB 30; (2003) 5(24) Indigenous Law Bulletin 19


Fair Trade Warnings:
Beware Dodgy Didgeridoos and Bogus Boomerangs

by Merri Rose

The Queensland Office of Fair Trading is warning tourists and other purchasers of Aboriginal-style souvenirs to check the authenticity of products like didgeridoos and boomerangs before they buy. The warning follows the recent interim Federal Court order against one of Australia’s largest manufacturers of Aboriginal-style souvenirs, Australian Icon Products Pty Ltd.

The order restrains the company until trial from describing or referring to its range of hand painted or hand carved Indigenous oriented souvenirs as ‘Aboriginal art’ or ‘authentic’ unless it reasonably believes that the artwork or souvenir was painted or carved by a person of Aboriginal descent.

Under the Fair Trading Act 1989 (Qld) (‘Fair Trading Act’) misleading advertising or misrepresentation of products and services is against the law. Businesses that retail Aboriginal-style souvenirs must ensure that the descriptions of products provided to customers, including labels, are accurate. This means that businesses that sell souvenirs that are described as ‘authentic’ or ‘Aboriginal art’ must ensure that they can prove their authenticity. Businesses must ensure descriptions are accurate regarding standard, age, quality, value, style or model, spare parts and repair services.

Furthermore, under the Fair Trading Act businesses cannot claim endorsements, sponsorships or associations with organisations or origins that they do not have. When the country of origin is a selling feature of a product, such as in the case of Aboriginal-style souvenirs being sold to an international tourist market, any description of that origin must be precise. Businesses must clearly state if goods are made of materials from more than one country, or are manufactured or assembled in one country from materials from another country. Even if there is no claim about the country of origin, illustrations, statements or other advertising elements may still mislead if they link the product with a country.

If a breach of Section 40 of the Fair Trading Act (misleading advertising) is substantiated the maximum penalty is $40,500. While Section 38 of the Fair Trading Act (misleading and deceptive conduct) has no penalty provisions, it can be used as a basis to ground an injunction against the trader in restraining conduct. This includes requiring the trader to take specified action such as the disclosure of information or the publication of advertisements. Section 91A of the Fair Trading Act allows inspectors to seize goods. In such proceedings the court can then award compensation against a trader.

Consumers cannot assume that souvenirs that feature Aboriginal designs are designed or made by Aboriginal people unless the label clearly says so. Tourists and souvenir-hunters need to read the labels carefully to check the origin of the product before they buy to ensure they get what they are paying for.

For more information on country of origin go to the Australian Competition and Consumer Commission’s website www.accc.gov.au. For more information on misleading advertising get a copy of the Office of Fair Trading’s Good Business Guide from www.fairtrading.qld.gov.au or phone 1300 658 030.

The Hon. Merri Rose is the Minister for Fair Trading in Queensland


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