The ACL also contains provisions that give rise to both civil and criminal liabilities.
Criminal law is the body of law that deals with crime and the legal punishment of criminal offences. The ACL specifies which provisions are civil and which are criminal. If the ACCC refers a criminal matter to the Commonwealth Director of Public Prosecutions (CDPP), the CDPP may take legal action against a business that is alleged to have contravened a criminal provision of the ACL.
The CDPP must prove that the conduct occurred beyond a reasonable doubt. This is a higher standard of proof than the standard of proof for a civil contravention. In most cases, the penalty is also a fine of up to $1.1 million (for companies) and $220 000 (for individuals).