An Australian commission has accused Apple Inc. of misleading promotions in advertisements for its new iPad.

The Australian Competition and Consumer Commission said it will file an application to the Federal court in Melbourne on Wednesday accusing the company of misleading consumers over the capabilities of the new iPad device. The ACCC said it would ask the court to ensure that Apple correctly advertises the real technical capabilities of the new iPad and refund any affected buyers.

"The ACCC alleges that Apple's recent promotion of the new 'iPad with WiFi + 4G' is misleading because it represents to Australian consumers that the product can, with a SIM card, connect to a 4G mobile data network in Australia, when this is not the case," the commission said in a statement.

Apple promoted the new iPad with Wi-Fi and 4G and said that buyers can connect to a 4G mobile network in Australia with a SIM card but that was not the case. 4G Long Term Evolution or LTE coverage is only available in limited areas in Australia through carrier Telstra Corp. Telstra's network is in a different frequency and Apple's iPad can't connect to it.

Apple's third-generation iPad was a best-seller when it became available earlier this month and the company has posted global sales of more than three million units of the tablet.

Apple has not released a statement about the ACCC decision.