In late February Australian Competition and Consumer Commission Chair Gina Cass-Gottlieb announced the ACCC’s compliance and enforcement priorities for 2025 and 2026. STEVEN BURNS from RMB Lawyers explains.
The ACCC is Australia’s national consumer, fair trading and product safety and regulator and businesses need to understand their obligations under the law.
The ACCC’s declared priorities for the next two years include working on protecting consumers by promoting and enforcing compliance with the law on clear and accurate pricing information for products and essential services.
The ACCC will be investigating and prosecuting misleading pricing practices including around surcharging and other add-on costs. The ACCC will continue its work on consumer and fair trading issues in the online economy, with a focus on misleading or deceptive advertising within influencer marketing, online reviews and in-app purchases.
Section 18 of the Australian Consumer Law (ACL) provides that a corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive or likely to mislead or deceive. The prohibition applies to all commercial dealings (not just to interactions between businesses and consumers) and includes negotiations, advertising, packaging and brochures.
Section 29 of the ACL prohibits specific false or misleading representations in connection with the supply or possible supply of goods or services including:
- false or misleading testimonials about goods or services;
- false or misleading representations in that approval, performance, characteristics, uses or benefits of goods or services; and
- false or misleading misrepresentations that the person making the representation has a sponsorship, approval or affiliation.
Breaches of Australia’s competition and consumer laws enforced by the ACCC can have serious consequences for Australian businesses and their employees. Penalties for breach include up to $50 million for a company and up to $2.5 million per contravention for an individual.
The ACCC can also seek criminal prosecution in relation to certain offences leading to prospective penalties including 10 years jail for an individual.
All of this means that Australian businesses should take their obligations under Australia’s competition and consumer laws seriously.
Businesses should ensure they have a good understanding of the law and have in place appropriate training and compliance programs to ensure their staff are fully aware of their obligations and the consequences of any breach of the law.
For further information about this topic, you can contact our office by phone on Freecall 1800 681 211 for a consultation, or use our 'Ask a Question' tool on our website.