The points to make in your ACCC complaint re rspca.

This is the Category on this BEWARErspca Bulletin Board, part of the Global Internet SELF HELP Justice Network at for publishing Details of rspca Shonks & Shysters [ie ones who 'use' the law to cheat others] in Australia. [The server is not in Australia.]

The points to make in your ACCC complaint re rspca.

Postby russellm » Sat Nov 08, 2008 2:06 am

The specific points on which to concentrate to make your complaint to the ACCC [Australian Competition and Consumer Commission], unavoidably effective.

Substance and composition of ACCC complaint re rspca

Have a quick read of this and you will see how easy it is. Think about it and then do it in stages.

To view the simple steps to make in your ACCC complaint by email and this FORUM, goto viewtopic.php?f=4&t=54 /.

In Australia, the ACCC [Australian Competition and Consumer Commission] has responsibility to investigate alleged breach of the Trade Practices legislation [anti-trust legislation in the US], of the Australian Commonwealth Parliament.

A recent case in Victoria found that rspca victoria was/is a 'Trading corporation', as defined by Trade Practices Legislation of the Commonwealth of Australia. Hence, rspca victoria incorporated is subject to Trade Practices legislation and law. It is unlikely that rspca victoria incorporated is much different to any of the other state organisations named rspca, and less likly that they are sufficiently different to not also be 'Trading corporations', and so under the surveyalliance of the ACCC.

Accordingly, the ACCC [Australian Competition and Consumer Commission] is the proper organisation to investigate alleged breaches of the Trade Practices Legislation.

As that case shows, there are a number of legal hurdles to jump to make any organisation subject to the Australian Trade Practices Act. The fact that the rspca victoria incorporated has been found to be a 'Trading Corporation', means the first hurdle has been cleared. This means that the ACCC cannot dismiss out of hand, withour accessing its validity, any complaint against the rspca in any state or territory of Australia.

This is now opening up each and every rspca in Australia to attack in the Commonwealth of Australia legal arena, without interfering with complaints against the repca in each state arena.

I shall briefly explain the 'legal hurdles' identified in that case, and how they can be cleared.

Anyone who has even a passing knowledge of the rspca in Australia, know of their fraud, robbery and armed robbery, stealing, dishonesty, perjury and other crimes.

This dishonesty has relevance in the Trade Practices legislation per:
the discussion in and following paragraph 144 of the referenced case of Orion Pet Products Section 52 of the Act [hereinafter, act = TRADE PRACTICES ACT 1974] relevantly provides:
"(1) A corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive."
the discussion in and following paragraph 145 of the referenced case of Orion Pet Products Section 53 of the Act relevantly provides:
"A corporation shall not, in trade or commerce, in connexion with the supply or possible supply of goods or services or in connexion with the promotion by any means of the supply or use of goods or services:
(a) falsely represent that goods are of a particular standard, quality, value, grade, composition, style or model or have had a particular history or particular previous use;

So, is the RSPCA a "corporation" for the purposes of ss 52 and 53(a)?
the discussion in and following paragraph 146 of the referenced case of Orion Pet Products :
The term "corporation" is defined in s 4 as meaning, a body corporate that:
"(a) is a foreign corporation;
(b) is a trading corporation formed within the limits of Australia or is a financial corporation so formed;
(c) is incorporated in a Territory; or
(d) is the holding company of a body corporate of a kind referred to in paragraph (a), (b) or (c).

TRADE PRACTICES - representations made by or on behalf of RSPCA regarding YOUR MATTER - whether representations false - whether conduct was misleading or deceptive or likely to mislead or deceive -whether RSPCA a "trading corporation" - whether
representations made "in trade or commerce"

Apropos the rspca, the 'legal hurdles' are the WORDS AND PHRASES - "trading corporation" and "in trade or commerce".

In paragraph 194 of this decision, the ratio is summarised as: that the rspca victoria incorporated is a trading corporation but the representations were not made in the course 'of trade or commerce'. I personally would disagree with this conclusion. In my view, all publicity in which the rspca engage is for the purpose of promoting themselves. They are each trading corporations. All promotion of trading corporations is deemed 'in trade or commerce'; in the trading activities of the corporation. It is my considered view that such will be the outcome of future cases involving misrepresentation by the rspca.

In that case, Weinberg J. was of the view that the misrepresentations were in the 'educational role' (sic) of the rspca. Were an observer to collate all the public utterances of the various rspca around Australia, that observer would necessarily conclude that the single purpose of them all, was to promote the rspca, and its trading activities. As with almost everything, it is all about money, and the parasites of the rspca stealing from the vulnerable in our society.

It is important to note that even if you do not make an effective complaint against the rspca to the ACCC, that is not fatal to your case. You can add to your complaint and complain afresh. Importantly, it is the responsibility of ACCC to interact with you to ensure they have the full details. [That does not mean that the public sector parasites will do that.] The fact that your complaint is public on our Bulletin Board, may mean they are less likely to dismiss your complaint out of hand.

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