Consumer Protection Enforcement and Prosecution policy
The Consumer Protection Enforcement and Prosecution policy was published in September 2011 and relates to Consumer Protection issues only.
Consumer Protection promotes enforcement action to achieve compliance in an appropriate, consistent, transparent and measurable manner. Its main focus is on achieving compliance through education first.
More formal enforcement will be required where serious matters and poor attitudes to compliance are apparent.
In making decisions, Consumer Protection is bound by its Code of Ethics and Code of Conduct: in particular Consumer Protection will act fairly.
The policy covers the following areas:
- Explanatory Notes
- Available Enforcement Methods
- Pecuniary Penalties
- Plea Negotiation
- Actions in the State Administrative Tribunal
This document is currently under review.
Section 2 - Enforcement Under the ACL, refers to two schedules:
- Schedule 1 Dispute Resolution and Compliance & Enforcement Protocol
- Schedule 2 Compliance and Enforcement – How regulators enforce the Australian Consumer Law
Schedule 1 - Dispute Resolution and Compliance and Enforcement Protocol is no longer available, however there is information relating to dispute resolution available in the Schedule 2 and on the ACCC website, along with other guides developed by Australia’s consumer protection agencies to help businesses understand their responsibilities under the law.
Schedule 2 - Compliance and Enforcement – How regulators enforce the Australian Consumer Law, was updated in 2017 and is available on the ACCC website.
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