The Australian Competition and Consumer Commission has reissued its longstanding guide to consumer protection rules for the Australian business community, Advertising and selling.
The guide defines advertising and selling activities and summarises the basic rules, looks at some areas where business must take special care in marketing, discusses some of the specific rules that relate to particular selling practices, covers some practices – prohibited by the Trade Practices Act 1974 - that take unfair advantage of consumers, and provides advice to help businesses comply with the law.
The reissue of this publication follows recent changes to the Act. This edition includes: 1998 country of origin amendments, 1999 New Tax System amendments as they relate to the Goods and Services Tax and price exploitation, and 2001 amendments arising from a Joint Parliamentary Select Committee report on retailing in 1999.
New penalties have also been introduced. Maximum fines for individuals in breach of Part V of the Act are $220,000 and companies $1.1 million.
Examples illustrate the principles discussed in the book. Many are based on actual court cases or investigations, and others on the ACCC's experience and observation.
Questions are also posed throughout the text. The ACCC's answers summarise the issues and what should be considered when undertaking or assessing, advertising and selling activities.
"The Quick Guide is a chapter that gives the reader a summary of Part V of the Act that deals with unfair practices and consumer protection", ACCC Chairman, Professor Allan Fels, said today. "It covers 'what's on and not on'’ for advertising and selling activities.
"Following action against Target's fine print advertising in July 2001 and current action against Mitre 10 for alleged misleading advertising, all businesses should be wary of the implications of incorrect advertising.
"Unacceptable advertising and selling practices by business will not be tolerated. Advertising and selling spells out the right and wrong for businesses when it comes to marketing and selling their products".
Copies of Advertising and selling can be obtained through the Publishing Unit of the ACCC for $10. A fully downloadable version will be available via the ACCC website – follow the links to the Publications page.