Publications under review

We progressively review and update our publications for legislative and other changes. Publications under review are kept on the website for research and general information purposes.

Competition and consumer law penalties increase

From 10 November 2022, penalties against corporations for most civil and criminal offences under competition law, and for certain breaches of the Australian Consumer Law increased.

For conduct before 10 November 2022, the penalties for corporations are the greater of:

  • $10 million
  • if the court can determine the reasonably attributable benefit obtained, 3 times that value, or
  • if the court cannot determine the benefit, 10% of annual turnover in preceding 12 months.

Maximum penalties for individuals are $220,000.

For conduct from 10 November 2022, the penalties for corporations are the greater of:

  • $50 million
  • if the court can determine the reasonably attributable benefit obtained, 3 times that value, or
  • if the court cannot determine benefit, 30% of the corporation’s adjusted turnover during the breach period for the offence.

Maximum penalties for individuals are $2,500,000.

Publications that refer to penalties will be reviewed and updated to reflect the increase.

Increase in value of penalty units

On 1 January 2023 the value of a penalty unit will increase from $222 to $275. Publications that refer to penalty units will be reviewed and updated to reflect the increase.

Several of the penalties in the laws administered by the ACCC are calculated using penalty units rather than dollar figures. This means that:

  • infringement notice penalties will be increased
  • maximum available penalties for some court-imposed fines will also rise.

The new penalty unit value only applies to contraventions that occur on or after 1 January 2023. This means that the changes do not impact on contraventions that occurred before 1 January 2023, or current proceedings for contraventions that took place before that date.

Australian Consumer Law updates

The Australian Consumer Law (ACL) was introduced on 1 January 2011 and replaced previous Commonwealth, state and territory consumer protection legislation in fair trading acts. It is contained in a schedule to the Competition and Consumer Act 2010 (CCA).

The CCA was previously named the Trade Practices Act 1974. All ACCC publications that refer to the Trade Practices Act are being reviewed to be updated or retired.

More information

ACCC welcomes new penalties and expansion of the unfair contract term laws