Penalties and other remedies
For most of the prohibitions listed in this module (excluding multiple pricing), a criminal or civil pecuniary penalty can be imposed of up to:
- $1.1 million for bodies corporate
- $220 000 for individuals.
For contraventions of the prohibition against multiple pricing, the penalties are up to:
- $5000 for bodies corporate
- $1000 for individuals.
In addition to these prohibitions, the ACL requires businesses that engage in unsolicited sales or lay-by agreements to follow particular requirements when dealing with consumers.
Failure to follow the ACL requirements for unsolicited consumer agreements can result in penalties of up to:
- $50 000 for bodies corporate
- $10 000 for individuals.
Similarly, failure to comply with the lay-by sales requirements may result in penalties of up to:
- $30 000 for bodies corporate
- $6000 for individuals.
Other remedies may also be obtained against the business and anyone in the business who was involved in the contravention. These include an injunction to stop the unlawful conduct, an award of damages to compensate those who have suffered loss or damage, an order requiring the publication of information about the contravention or an order disqualifying a person from managing a company.
If a term of a standard form consumer contract is declared to be unfair by a court, a business cannot subsequently seek to rely on the term without breaching the ACL.