Businesses can run a compliance program as a voluntary exercise or as part of a legal undertaking. They include current priorities and those that we consider to be enduring. The ACCC is seeking declarations, injunctions, pecuniary penalties, disclosure and adverse publicity orders, a compliance program order, redress orders, and costs. The ACCC aims to ensure that consumers and small businesses are well-informed to benefit from, and stimulate, effective competition. The ACCC will always prioritise product safety issues which have the potential to cause serious harm to consumers. However, if business ignores this, in future we will have a much bigger stick. Indeed joint submissions by the parties in the case against . Publicising this work can also help inform government, business and consumers, as well as encourage public debate over competition and consumer matters and inform policy consideration. making declarations that a company or individual has contravened the Act and injunctions restraining current or future conduct, requiring respondents to publish corrective advertising or notices, making orders to achieve financial redress for consumers or businesses harmed by the conduct, making various other behavioural orders, including community service or probation orders, or orders for implementing a compliance or an education and training program, making orders disqualifying individuals from managing or being directors of corporations, convicting persons found to have contravened various offence provisions in the Act, and/or. The pledge aims to protect Australian consumers from safety risks when shopping online by strengthening product safety measures across online businesses. Some issues may be more appropriately addressed at the state/territory level. Similarly, there are a number of agencies with expertise and lead responsibility for safety outcomes in relation to products such as gas and electrical appliances, motor vehicles, therapeutic goods and food products. The ACCC may also conduct research into potential new or emerging competition and consumer policy issues in line with a priority area which may require broader policy considerations, research and analysis, and subsequent engagement with relevant external stakeholders, including other government agencies and industry bodies. The administrative leadership ensures compliance with applicable laws, regulations, and professional accredita- ... program-related data from appropriate sources and dis- The ACCC acknowledges that certain conduct in breach of the Act has the potential to specifically impact on the welfare of Indigenous Australians. balance fairness to individuals and traders subject to ACCC enforcement action, with informing the public about the ACCC’s work and being transparent about what action the ACCC is taking and why. Empowering consumers and improving industry compliance with consumer guarantees, with a focus on high value goods including motor vehicles and caravans. create a culture of compliance within the organisation. The ACCC may issue an infringement notice where it believes there has been a contravention of the Act that requires a more formal sanction than an administrative resolution but where the ACCC considers that the matter may be resolved without legal proceedings. This assists the ACCC to proactively identify risks to consumers and the competitive process that may require intervention by the ACCC or others. Depending on the size and risk profile of the company, different components will need to be included in a compliance program to ensure that it is effective in achieving compliance … As part of these undertakings, the ACCC will often require the company to implement a compliance program designed to prevent breaches of the Act occurring in the future. ACCC education reflects the diverse needs and concerns of our multidisciplinary membership. ACCC using misleading conduct provisions to police consumer guarantees compliance by Matthew Battersby, Bruce Lloyd The HP decision is another reminder for businesses to ensure customer-facing staff are properly trained and understand that voluntary warranties and in-store returns policies are in addition to, and not a substitute for, consumers' rights under the Australian Consumer Law. The ACCC also engages with key industry stakeholders through its consultative committees and maintains relationships with a number of organisations in the community sector. 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The compliance program must include a commitment to compliance and continual improvement, even if this is as simple as a series of checklists for the products you supply. SUPERSEDED - see 'Future proofing – working with the ACCC' at http://intranet.accc.gov.au/content/index.phtml/itemId/707298. Section 87B of the CCA gives the ACCC the ability to accept formal written undertakings in the exercise of its powers under the Act. Implementing the new safety standards for button batteries, with a focus on promoting compliance through education. When dealing with international cartels, the ACCC will focus on pursuing cartels that have a connection to, or cause detriment in Australia; that is, cartels that involve Australians, Australian businesses or entities carrying on business in Australia. The ACCC also recognises that Indigenous consumers living in remote areas face particular challenges in relation to asserting their consumer rights. As we navigate changes fuelled by the global COVID-19 (coronavirus) pandemic, it is more important than ever for businesses to … Most state and territory fair trading agencies also facilitate dispute resolution between consumers and traders and have enforcement responsibilities under the Australian Consumer Law. Compliance Program (the Review) to be carried out in accordance with each of the following requirements: 8.1. In deciding which compliance or enforcement tool (or combination of such tools) to use, our first priority is always to achieve the best possible outcome for the community and to manage risk proportionately. We rarely become involved in individual consumer or small business disputes. When a compliance program is imposed by the ACCC, the relevant entity essentially enters into a series of undertakings with the ACCC whereby it promises to implement certain processes within a specified period of time to ensure compliance with the CCA, which will include providing documentation to the ACCC for review and approval in advance, and the supply of ongoing compliance reports to the … The ACCC is unlikely to accept an administrative resolution for conduct that recurs after having been subject to a previous administrative resolution. Where market studies are undertaken at the direction of the Minister, we have the power to compel industry participants to provide information and documents. In some cases – for example, where the ACCC assesses potential risk flowing from conduct as low – the ACCC may accept an administrative resolution. A compliance program is an internal system or process employed by a business that is designed to: Depending on the size and risk profile of the company, different components will need to be included in a compliance program to ensure that it is effective in achieving compliance with the CCA at all levels of business operations. Ensuring compliance with mandatory industry codes of conduct in the agriculture sector, namely the Dairy Code of Conduct and the Horticulture Code of Conduct. Competition and consumer issues arising from the pricing and selling of essential services, with a focus on energy and telecommunications. The Compliance and Enforcement Policy sets out the principles adopted by the Australian Competition and Consumer Commission (ACCC) to achieve compliance with the law. This includes directing them to the conciliation and dispute resolution services made available under industry schemes or operated by state, territory and Commonwealth regulators. Scope of Review – the Review should be broad and rigorous enough to provide [COMPANY NAME] and the ACCC with: 13.1.1. a verification that [COMPANY NAME] has in place a Compliance Program that complies with each of the requirements detailed in In relation to scam conduct, the ACCC aims to prevent Australians from falling victim to scams by raising awareness, sharing intelligence and working with government and the private sector to reduce opportunities for scams to occur. The ACCC may therefore coordinate with or refer particular matters to a more appropriate agency. where our action will assist to clarify aspects of the law, especially newer provisions of the Act. It is important for all businesses, large and small, to have an effective compliance program. All designated learning institutions (DLIs) at the post-secondary level, with the exception of institutions located in Quebec, must use the DLI portal to complete regular reports on the academic enrolment status of their international students and to submit these reports to us.. Google said it … As a fundamental component of an effective compliance program, risk assessment is designed to help leaders better understand the extent of risk … The ACCC exercises its enforcement powers independently, in the public interest, and with integrity and professionalism. Our current compliance and enforcement priorities are listed above. The ACCC may also be funded from time to time by the Government to conduct inquiries or work in specific industries or areas. Fairness – in conducting our investigations and other activities, the ACCC seeks to: To achieve our compliance objectives, we use four flexible and integrated strategies: The ACCC is selective in the matters we investigate and the sectors in which we engage in education and market analysis. We are unlikely to pursue matters that: Compliance activities can assist businesses and consumers to understand their rights and obligations under the Act, impending changes to the law, or provide a quick intervention that may address emerging issues. The ACCC analyses selected industries or market sectors to improve our understanding of industry practices and dynamics. It outlines the ACCC’s: priorities. compliance and enforcement of the CDR regulatory obligations will be jointly conducted by the The ACCC will continue to work closely with other law enforcement agencies in respect of fraudulent operators where those agencies are better placed to seek effective sanctions, including criminal penalties, against individuals involved.
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