Guidelines on the use of infringement notices

1. Purpose of this guide

This guide provides background information and general guidance to businesses and their advisors on the Australian Competition and Consumer Commission’s approach to issuing infringement notices under the Competition and Consumer Act 2010 (the Act). This guide takes account of the ACCC’s experience in considering and issuing infringement notices since their introduction as part of Australian Consumer Law (ACL) amendments in April 2010.

This guide is not intended to prescribe the circumstances in which the ACCC will issue infringement notices nor the manner in which it will use them. However, it should provide broad guidance to business as to the ACCC’s approach to the infringement notice provisions.

The ACCC has consulted with other ACL regulators in the preparation of this guide. As the infringement notice power conferred on Commonwealth agencies such as the ACCC is different in legal and practical ways from that conferred on state and territory regulators, the ACCC’s approach to the issuing of infringement notices from time to time may differ in some respects to that taken by state and territory regulators.