Pre-Games crackdown on fake indigenous art, souvenirs gives Gold Coast operators the all-clear

TWELVE Queensland traders are being investigated as part of a crackdown on fake indigenous art and souvenirs ahead of the Commonwealth Games.

TWELVE Queensland traders are being investigated as part of a crackdown on fake indigenous art and souvenirs ahead of the Commonwealth Games.

The 25 Gold Coast tourist business, art galleries and warehouses inspected as part of the two-month Office of Fair Trading compliance operation were all found to be meeting their obligations to consumers.

While the Coast operators were all found to be compliant with Australian Consumer Law (ACL), with supporting documents verifying the authenticity of indigenous art sold, 12 Queensland retailers are now the subject of further investigation.

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Attorney-General and Justice Minister Yvette D’Ath said the OFT conducted 152 spot checks of art galleries and souvenir businesses during February and March to ensure traders weren’t misleading consumers about the authenticity of artworks.

“I’m pleased to say the OFT compliance operation shows most businesses checked are meeting their obligations to consumers,” she said.

Spot checks were conducted this year at 106 tourist businesses across the State, including 33 in Brisbane and 18 on the Gold Coast.

Investigations have now been launched into 12 of them — 11 in Brisbane and one on the Sunshine Coast.

Senior Cultural Promotions Officer Lexene Busbridge, Attorney-General and Minister for Justice Yvette D’Ath and Aboriginal Elder Aunty Joyce Summers at Jellurgal Arts Centre on the Gold Coast. Picture: Supplied.

A total of 46 art galleries and warehouses were also spot-checked as part of the operation — including nine on the Gold Coast and 16 in Brisbane. None of the 46 were referred for further investigation.

OFT compliance officers checked the legitimacy of claims made about the authenticity and country of origin of artworks and souvenirs as part of the operation.

Penalties for operators found to be in breach can range from official warnings to fines, suspended or cancelled licences and court action.

Consumers may also make complaints to the OFT if they believe a business is making a false or misleading representation about a product.

Where a business is proven to be acting contrary to the ACL, the OFT may take enforcement action. Penalties of up to $1.1 million for companies and $220,000 for individuals apply.

Speaking at the Jellurgal Arts Centre on the Gold Coast, Ms D’Ath said most shops and galleries were doing the right thing by artists and consumers.

“In the lead-up to the Commonwealth Games we hope that tourists seek out authentic indigenous art and products which support our thriving indigenous art community,” she said.

“One of the ways we can help consumers do this is to ensure that traders who sell products as authentic indigenous art can substantiate their claims.”

Under the ACL, businesses must not mislead customers about the products they sell, including artwork and souvenirs.

OFT executive director Brian Bauer said an indigenous Souvenirs and Arts Factsheet had been released to help consumers understand their rights and traders’ responsibilities.

Visit qld.gov.au/fairtrading to download a copy.