Business responsibilities

2018 compliance & enforcement priorities

In his annual CEDA address, Chairman Rod Sims launched the ACCC's 2018 Compliance and Enforcement policy. This year, the ACCC will focus on consumer issues in broadband services and energy, competition in the financial services and commercial construction sectors, systemic consumer guarantee issues, and conduct that may contravene the new misuse of market power and concerted practices provisions.

Section 46 no defence for uncompetitive firms

ACCC Chairman Rod Sims has delivered a warning to Australian firms: the competition watchdog is not going to protect them from competition.

Delivering a speech in Sydney today, Mr Sims outlined how the recently legislated changes to the Competition and Consumer Act 2010 (CCA), especially s46, help the ACCC protect the competitive process by allowing firms, big and small, to compete on their merits.

Small Business unfair contract terms in focus

The ACCC is continuing to educate business and take enforcement action to ensure that small businesses receive the protections of the new unfair contract terms laws.

Since 12 November last year, when the laws were extended to small business contracts, the ACCC has taken successful court action against a major waste management company, JJ Richards & Sons Pty Ltd, for unfair contract terms including an automatic five-year rollover clause, a unilateral price variation term and a broad indemnity provision.

ACCC concludes investigation into ALDI 'flushable' wipes

The ACCC has completed its investigation into ALDI’s ‘flushable’ wipes and will take no further action after ALDI stopped selling its personal hygiene wipes and removed potentially misleading claims from its bathroom cleaning wipes packaging.

In July this year, the ACCC raised concerns with ALDI regarding its promotion of certain ‘flushable’ wipes products. At the time, ALDI was promoting the Green Action Flushable Bathroom Cleaning Wipes (100pk) in its Special Buys catalogue.

Advanced Hair offers part refunds for unfair contracts

Advanced Hair Studio Pty Ltd (Advanced Hair) will partly refund some customers who purchased the Advanced Laser Therapy Program between April 2015 and June 2017, following ACCC concerns that Advanced Hair’s contract contained terms that were unfair.

Advanced Hair supplies hair loss treatments and procedures including laser therapy as part of 3-12 month programs.

One of the cancellation clauses in Advanced Hair’s contracts required customers to pay the entire cost of the program even if they had attended only one or two laser sessions.