If you fail to comply with the Oilcode, you are in breach of s. 51AD of the Competition and Consumer Act 2010 (the Act).
Legal action by the ACCC
We can institute legal proceedings against you if you breach the Oilcode and/or the Act.
Legal action by other affected parties
In addition to action by us, the Act also makes provision for other affected parties to take legal action for a breach of the Oilcode 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 Oilcode, you may also face a number of commercial consequences—for example, poor publicity may have a detrimental effect on your company’s or your own business.
What should I do if I believe I am in breach of the Oilcode?
If you believe you may be in breach of the Oilcode, 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 an effective compliance program to avoid future recurrences.
