A CAIRNS art dealer accused of selling allegedly bogus Aboriginal art made by non-indigenous artists is being taken to court by the Australian Competition and Consumer Commission.
Two of the non-indigenous artists use tribal names.
The ACCC says Doongal Aboriginal Art and Artefacts, which has galleries in Cairns and Kuranda, has misrepresented to the public that three of its 170 displayed artists are of Aboriginal descent.
It claims the owners Farzad and Homa Nooravi did this through website statements, signs and certificates of authenticity saying "original Aboriginal art".
The non-indigenous artists are brothers Stephen McLean (tribal name Duk Duk) and Paul Whiteman (tribal name Kulangu Balanda) and Diane Sharp.
But Mr Nooravi yesterday said testimony from Aborigines, giving permission for the artists to paint in traditional Aboriginal Arnhem Land style, was the only signage near the artwork.
The store owner claims he took the art, mainly paintings, out of his stores about three months ago, following the ACCC investigation.
"But people knew what they were buying," Mr Nooravi said.
"The testimony was under the painting but it never misled the customer (and said) that they are not white.
"With McLean, his art is very fine art. Any other Aboriginal can not do it.
"He has been in the industry for 15 years and painted with the well known Aboriginal artist Clifford Possum," he said.
The ACCC alleges that the Nooravis fooled the public by saying artwork at their store was "Aboriginal art", Aboriginal artefacts", authentic Aboriginal art" and "Aboriginal art in the traditional sense".
The competition and consumer watchdog says it is seeking declarations the Nooravis have engaged in misleading and deceptive conduct, injunctions restraining them from repeat offending and written letters to purchasers advising them of the court proceedings.
Mr Nooravi says he has already followed some of the ACCC recommendations.
The matter has been listed for a directions hearing on August 29, in the Federal Court, Brisbane.
