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Aus may hit VW with huge regulatory fines

Sydney - Australia's competition watchdog has warned that Volkswagen could be hit with up to Aus$1.1m (about R10.7m) in fines for each pollution-cheating device installed and in use in its cars in the country.

The German auto giant is facing its deepest-ever crisis after admitting up to 11 million diesel cars worldwide were equipped with sophisticated software that covertly switches on pollution controls when they undergo an emissions test.

The Australian Competition and Consumer Commission (ACCC) said it was still waiting for Volkswagen Group Australia to clarify how many of its cars in the nation were fitted with the so-called defeat devices.

"This enforcement investigation is a priority for the ACCC," said chairperson Rod Sims.

The devices, if they are being used in the cars, would breach Australian safety standards, Sims added.

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"Using defeat devices is specifically prohibited under the Australian design rules, which are picked up as Australian Consumer Law (ACL) mandatory safety standards," he said.

"As the enforcer of the ACL, the ACCC can take action against any corporation that has breached mandatory standards."

The regulator said the maximum penalty for a company for each breach of consumer law was Aus$1.1m.

According to estimates by Fairfax Media and News Corporation newspapers, up to 50 000 vehicles made by Volkswagen and Volkswagen's top-of-the-range Audi subsidiary could be fitted with the diesel engines that contain the devices.

This means Volkswagen could potentially face billions of dollars in Australian penalties, but such a huge fine would be unprecedented for the ACCC.

The ACCC said it was also looking into Audi Australia's comments earlier that some of its engines could be fitted with the device, although the car maker said they were "inactive".

Law action

The watchdog's highest fines have stemmed from investigations into price-fixing in the Australian air cargo market by international airlines, with the Federal Court so far imposing Aus$58m in penalties over the case.

Australian law firm Maurice Blackburn last week said it was looking into possible consumer law action against Volkswagen, adding that the cars affected by the scam would likely be worth "significantly less" when owners try to sell them at a later date.

Volkswagen Thursday said it planned to recall up to 120 000 diesel cars sold in South Korea, the day after its British arm revealed a recall of nearly 1.2 million vehicles.


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