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ACCC COMPLAINT : against Gunns Ltd and Bryan Hayes c/- Gunns Ltd, 58 Cimitiere St Launceston TAS 7250.
Made : 29th September 2004

My complaint is regarding a full page advertisement published on Page 18 of The (Hobart) Mercury Newspaper dated 18 September 2004.

I assert that the advertisement is published in trade and commerce by virtue that its purpose is to protect the commercial interests of Gunns Ltd.

A true COPY of that advertisement is published at:
http://www.NEWS-TASMANIA.com/gunns-advert.html

I assert as fact that Gunns Ltd is a corporation that is subject to the Commonwealth Trade Practices Act (TPA) and Bryan Hayes is a person subject to the TPA by being involved in the publication of the advertisement.

I refer to section 52 of the TPA regarding misleading or deceptive conduct.
http://scaleplus.law.gov.au/html/pasteact/0/115/0/PA002180.htm

I also refer to section 51A of the TPA regarding representations as to future matters which are taken to be misleading unless supported by reasonable grounds and unless the corporation adduces evidence to the contrary, the corporation is deemed not to have had reasonable grounds for making the representation.
http://scaleplus.law.gov.au/html/pasteact/0/115/0/PA002170.htm

I allege that the following representations in the advertisement by the Gunns Ltd corporation engaging in trade and commerce, is in the exercise of particular knowledge and certain expertise, to a target audience understanding the representations to be assertions of fact based on, that knowledge and expertise:-

1
 It will cost billions of dollars to compensate Tasmanian forestry workers if the RFA is not honoured.
2
 If old-growth logging is stopped in Tasmania, at least 8000 dedicated forestry workers could lose their jobs.
3
 That's thousands of school children coming home to learn their parents are unemployed and their future uncertain.
4
 If Tasmania loses its premium sawmilling and veneer industries, thousands of Tasmanians will be forced to move interstate.
5
 This could cause real estate values to plummet by up to 50% as the market is flooded with houses for sale and the numbers of buyers is limited.
6
 Tasmania's economy will fall to all-time lows and the State will again become a basket case as investors take their money elsewhere and retail spending significantly declines.
7
 The heart will be ripped from regional communities as unemployed forestry workers relocate, forcing small businesses, schools and hospitals to close.
8
 The Greens have already cost this state 10,000 jobs.
9
 they are yet to create one job.
10
 86 per cent of old growth is protected.
11
 95 per cent of wilderness is protected.
12
 the economy is continually damaged by the Greens.

I allege to the ACCC that each and every representation is misleading or deceptive or is likely to mislead or deceive.
SIGNED : Gordon Craven
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