Well, the ACCC have put the hard word on ISPs regarding the way they report the speed of their services. With all the recent marketing hype about ADSL2+ and HSDPA and the claims regarding their performance, it’s not surprising they have tried to regulate advertising in some way.
As usual, the use of the term “up to” in marketing is the culprit here. But it’s one to say “save up to 50%” at a retail store, and another again to talk of bandwith “up to 24Mbps”. The issue is that most customers don’t understand the way the internet works