Description of Conduct

The INC sought re-authorisation for current and future manufacturers in, and importers into, Australia of infant formula to make and give effect to the Marketing in Australia of Infant Formula: Manufacturers and Importers Agreement (MAIF Agreement). The MAIF Agreement is a voluntary self-regulatory code of conduct which governs the marketing of infant formula for infants up to 12 months. It constitutes Australia's official application of the World Health Organisation's International Code of Marketing of Breast Milk Substitutes.

On 1 March 2021, the ACCC issued a draft determination proposing to re-authorise the MAIF Agreement. The ACCC held a Pre-Decision Conference on 13 April 2021 to allow interested parties to express their views on the condition being considered and the re-authorisation generally.

On 27 July 2021, the ACCC issued a final determination granting re-authorisation to the arrangements until 31 August 2024. Public documents, including the final determination, are available below.

An indicative timetable is set out below:

Indicative date

Stage in assessment process

26 October 2020

Lodgement of application and supporting submission.

30 October 2020

Public consultation process begins.

1 March 2021

Draft determination.

March/April 2021

Public consultation on draft determination.

13 April 2021

Pre-Decision Conference.

April/May 2021

Applicants respond to issues raised in the public consultation process.

27 July 2021

Final determination.


  • Infant Nutrition Council Limited

Authorisation number(s)

  • AA1000534-1


Submissions - before draft decision

Submissions - after draft decision

Document title Date
Applicant - response to ACCC questions
Applicant – submission after Pre-Decision Conference
Ros Fleetwood – submission after Pre-Decision Conference
Australian Breastfeeding Association – submission after Pre-Decision Conference
Breastfeeding Advocacy Australia – submission after Pre-Decision Conference
Dr Julie Smith & Ors – submission after Pre-Decision Conference
Department of Health
Dr Julie Smith & Ors
Nestle Australia Ltd
Various individuals opposing a condition
Various individuals in support of a condition
Australian Nursing & Midwifery Federation
Care A2+
World Public Health Nutrition Association (WPHNA)
Baby Milk Action/IBFAN UK
Breastfeeding Advocacy Australia (updated 6/4/21)
Dietitians Australia
Alison Graham
Australian Breastfeeding Association
Breastfeeding Coalition Tasmania
Obesity Policy Coalition
International Baby Food Action Network (IBFAN)
Lactation Consultants of Australia and New Zealand (LCANZ)
Show all documents (24 more)