Issue Date:  -  Tuesday, 28 January 2003

Connoisseur Card prosecution

Austar Enterprises Pty Ltd of Leederville the promoters of the Australian Good Food & Accommodation Guide and the Connoisseur Card who pleaded not guilty to multiple charges under the Fair Trading Act and Door-to-Door Trading Act on December 5th last year have appeared in court again today.

Following recent action by the Department the trader agreed to make enforceable undertakings in the Supreme Court.

The company and its principal operator Kimberley Anne Wright of Balcatta today pleaded guilty to four charges under the Fair Trading Act and were sentenced to a fine of $500 each on two charges together with a Conditional Release Order with bonds totalling $4,000 requiring compliance with an undertaking to change its business practices from today.

In addition the defendants are required to make similar undertakings as to their change in business practices to the Supreme Court securing compliance with the Conditional Release Order imposed on Austar Enterprises and Kimberley Wright.

The Connoisseur Card is a discount scheme that costs $875.60 for a six-year membership with members able to obtain two main course meals for the price of one from participating restaurants.

The Consumer Protection Commissioner Patrick Walker said that consumers were entitled to see this matter concluded promptly with a result that offers future confidence.

"In this case I believe it was in the community's interest to secure this outcome. I am encouraged by the degree of co-operation shown by the company and its principal operator in Western Australia.

"The enforceable undertaking is a good result as it will ensure that future customers of the scheme will be informed of their rights. Defective door-to-door contacts can be cancelled up to six months down the track with consumers being entitled to refunds", Mr. Walker said.

In sentencing Magistrate Graeme Calder said a Conditional Release Order and fines were appropriate tools to ensure the defendant did not re-offend since this was not the first time for these or similar offences.

He also said it is a principal concern of Parliament to ensure that consumers have a cooling off period and that consumers are aware of their rights.

The Department's website (Media Index Page) contains information of its previous dealings with Austar Enterprises in 1998 and 2000.

Consumers who have any concerns about their dealings with Austar Enterprises or may have a query about a possible right to a refund should contact Consumer Protection for advice on telephone 1300 30 40 54.