What if you don't comply with the Horticulture Code

If you fail to comply with the Horticulture Code you are in breach of s. 51AD of the Competition and Consumer Act 2010 (the Act).

Legal action by the ACCC

The ACCC can institute legal proceedings against you if you breach the Horticulture Code and/or the Act.

Legal action by other affected parties

In addition to action by the ACCC, the Act also makes provision for other affected parties to take legal action for a breach of the Horticulture Code and or the Act.

Remedies and penalties

The Act provides for a number of sanctions and orders including:

• injunctions to stop the conduct
• compensation and damages
• setting aside or varying relevant contracts
• orders for corrective advertising.

Commercial consequences of a breach

If you are found to be in breach of the Act and the Horticulture Code, you may also face a number of commercial consequences— for example, poor publicity may have a detrimental effect on you, your business or your company.

What should I do if I believe I am in breach of the Horticulture Code?

If you believe you may be in breach of the Horticulture Code, you should:

• immediately stop the activity
• seek advice on whether you are in breach of the Act
• attempt to resolve any disputes
• provide a remedy to the affected parties
• review how the breach came about
• put in place controls in the form of an effective compliance program to avoid future recurrences.