Small business

Small business in focus - 1 July 2014 to 31 December 2014

This twice-yearly report provides a summary of ACCC activities in the small business and franchising sectors and updates on industry codes.

Key terms

Associate (of a franchisor)—a person:

(a) who:

(i) is a partner, director or related body corporate of the franchisor, or a director of a related body corporate or

(ii) for a franchisor that is a proprietary company—directly or indirectly owns, controls, or holds with power to vote, at least 15 per cent of the issued voting shares in the franchisor and

The ACCC’s approach to non-compliance

The ACCC’s Compliance and Enforcement Policy outlines the ACCC’s enforcement powers, functions, priorities and strategies and sets out the principles it adopts to achieve compliance with the law.

The ACCC determines the appropriate enforcement tools to address concerns on a case by case basis, taking into consideration the alleged contravention, the business involved and the impact of the conduct.

Breaches of the code

Who is liable for a breach of the Code?

While section 51AD of the Act prohibits businesses from contravening the Code, individuals can also be liable. Individuals’ liability can extend to the directors, the secretary, other officers or the board members of a company. Liability can also extend to employees of the company.

A person may be liable if they: