Notifying the Revocation of Authorisation

Faruque Ahmed
P O Box – 349, Alexandria – 2015
Mobile: 041 091 4118
Email: union_faruque@yahoo.com.au
Blog: Member of Parliament and Media Outlets

Ms Isabelle Arnaud
Director, Adjudication Branch
Australian Competition & Consumer Commission
23 Marcus Clarke Street
Canberra ACT 2601
Tel: (02) 6243 1111 Fax: (02) 6243 1199


Subject : Notifying the Revocation of Authorisation



Dear Ms. Arnaud

According to your letter of 18 April 2008 "The Tribunal decided on 27 June 2006 to revoke the authorisations on the basis that the benefit of certainty of acceptance of non-cash payments was not sufficient to sustain the authorizations". We have been asking your department to do the same for along time. Because we knew that the then Trade Practices Commission was misled and the "Authorisation" was granted incorrectly.

We also knew that a similar request to grant almost an identical "Authorisation" was rejected for good reason. You should also know that the Cabcharge was defending the indefensible and they failed to counter our challenges in the court of law earlier.

Your letter advised that:
" Eflect of the Tribunal decision
The revocation by the Tribunal of the twelve authorisations means that the networks which previously had authorisation can no longer engage in the conduct without being at risk of action under the Trade Practices Act. Whether or not specific requirements would raise concerns under the competition provisions of the Act would depend on the specific nature of the requirements imposed.

However, the ACCC and the Tribunal expected that cards and vouchers would continue to be widely accepted absent authorisation. Taxi operators and drivers are entitled to advertise the cards and vouchers they accept. Should certain taxi operators and drivers not accept certain cards and vouchers, but advertise on their taxis that these cards are accepted, such could amount to misleading conduct."

The reality is, because of your earlier "Authorisation", taxi owners and drivers were compelled to display Cabcharge decals in taxis and thereby accepting them became a norm in the taxi industry. Now, the "Authorisation" is no longer in force and importantly taxis do not have to display them even though many would not be aware of that decision and revocation!

In view of your advice of 18 April 2008, what I have asked you is to inform all taxi drivers, owners and operators that the "Authorisation" is no longer in force and they don't have to display Cabcharge decals. Surely, it is not a hard job to follow up on.

With thanks

Sincerely yours



Faruque Ahmed
Wednesday, June 18, 2008


Background:

Further to Cabcharge and Criminals and Merger and Acquisition by Cabcharge Limited and other documents below;
1. Back in 1984 the "Taxi Mafia" obtained the authorisation incorrectly and they failed to tell the truth to the ACCC on that time,
2. Since then, we have been asking to remove that authorisation,
3. The "Taxi Mafia" made a few attempts to fool the ACCC later but failed and
4. The Australian Competition Tribunal removed the authorisation of 1984!
Naturally, I asked the ACCC to inform all taxi drivers and owners that they don't have to display the Cabcharge decals as it is no longer required by the law because of the recent court decision!

I was not expecting an immature legal lecture from some one from the ACCC, who in my view acted like a defense lawyer of the Cabcharge Limited. Ironically, during the court proceedings, the mighty Cabcharge was hiding!!