IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION BETWEEN : AND: BETWEEN : AND: CORAM: Jenkinson J. PLACE: Melbourne DATE: 31 October, 1986 616/86. ) ) No. VG57 of 1985 LOUISE ELIZABETH WILKINSON Frosecutor KATIES FASHIONS (AUST. ) Defendant No. No. No. VGeo of 19385 VGee of 1585 VG63 of 1985 LOUISE ELIZABETH WILKINSON Prosecutor ARPEL AUSTRALIA PTY. LTD. Defendant REASONS FOR SENTENCE The circumstances in s.53(a) of the contraventions of which the defendants committed Trade Practices Act 1974 have been stated in reasons for judgment published on 28 July 195986. It will be apparent from a perusal of those reasons that no concern for financial advantage to either defendant or its holding company had contributed to bring about the contraventions. And, although the defendants and their associated companies were for some time mistaken as to the nature of the contraventions and the causes thereof, they were prepared promptly to take thorough and not inexpensive measures to ensure that no further contravention occurred. There had been no warning indications that mistakes of the kind which resulted in the contraventions might be occurring. The gravamen of the case against the defendants is simply this : that they failed to acknowledge to themselves the risk of human error, inherent in the process of representation by labelling, as of sufficient gravity to warrant their subjecting the process to an inexpensive surveillance for the purpose of detecting such error. Farts V and VI of the Trade Practices Act 1974 disclose a policy to deter by criminal sanction even such a relatively minor culpability in those who in trade or commerce make commercially significant misrepresentations to consumers in connexion with the supply of goods. The defendant Katies Fashions (Aust.) Pty. Ltd. in the proceeding VG57 of 1985 is convicted and fined $300 and ordered to pay the prosecutor's costs (including costs reserved) of the proceeding. 3. The defendant Arpel Australia Pty. Ltd. is in each of the proceedings VG60, VG62 and VG63 of 1985 convicted and fined $300 and ordered to pay the prosecutor's costs (including costs reserved) of that proceeding.