In March 2023, the Chair of the Australian Competition and Consumer Commission (ACCC), Gina Cass-Gottlieb, delivered the ACCC’s annual compliance and enforcement priorities for 2023 to 2024. The priorities captured in this year's announcement, whilst building upon the previous edition released 12 months ago, are primarily directed towards the protection of consumers. In doing so, the priorities reflect the cost of living pressures, the price of essential services, and the integrity of environmental and sustainability claims. A full copy of Ms Cass-Gottlieb’s speech can be found here.
Snapshot of 2023-2024 Enforcement Priorities
Below we provide a table of the new, continuing and enduring enforcement priorities that the ACCC will be focusing on for the 2023-2024 period.
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New ACCC Priorities for 2023-24
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Enduring ACCC Priorities
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- Unfair contract terms in consumer and small business contracts.
- Scam detection and disruption.
- Competition and fair trading issues in wholesale gas markets.
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- Cartel conduct.
- Anti-competitive conduct.
- Product safety.
- Vulnerable or disadvantaged consumers.
- Conduct impacting First Nations Australians.
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Continuing ACCC Priorities for 2023-24
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- Environmental claims and sustainability.
- Digital economy advertising and deceptive marketing practices.
- Pricing and selling of essential services with a focus on energy and telecommunications.
- Consumer guarantees including motor vehicles and caravans.
- Global and domestic supply chains.
- Anti-competitive conduct in financial services.
- Exclusive arrangements by firms with market power.
- Small business protections.
- Consumer product safety for young children.
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What’s New?
The three new categories that are highlighted in this year's priorities are expanded upon below.
- Unfair Contract Terms in Consumer and Small Business Contracts
In late 2022, the Competition and Consumer Act 2010 (Cth) was amended to increase penalties and prohibit unfair contract terms in standard form consumer and small business contracts.
As such, the ACCC will be prioritising the enforcement of the recently introduced regulations across a number of different sectors. The two key changes include:
- Where previously unfair contract terms could only be declared void, they will now be recognised as being prohibited and may attract severe penalties; and
- Small businesses with fewer than 100 people or with a turnover of less than $10 million per annum will be afforded such protections under the Act.
Businesses are therefore on notice to review their standard terms and conditions to ensure compliance ahead of the amended legislation coming into effect in November 2023.
- Scam Detection and Disruption
The ACCC has called on telecommunication services, financial services, and other technology services including digital platforms to do more to prevent scammers reaching everyday consumers. This includes the adoption of:
- New notice-and-action requirements;
- Stronger verification rules for business users; and
- Improved minimum standards for dispute resolution processes.
In operating their “ScamWatch” service, the ACCC has also undertaken to lend support to the establishment of the Government’s National Anti-Scams Centre.
- Competition Issues in Gas Markets
With global disruptions to gas supplies and rising energy prices, the Australian Government introduced an emergency price cap on wholesale gas producers in December 2022.
As such, the ACCC has been responsible for administering the Competition and Consumer (Gas Market Emergency Price) Order 2022, which has involved:
- Managing the application of the cap;
- Monitoring the conduct of gas market participants; and
- Assessing and granting any exemptions.
The ACCC is currently working with the Government in developing a mandatory and publicly accessible code of conduct for all gas producers.
Going Forward
Businesses should consider the recent announcements as an opportunity to mitigate future compliance risks and adapt their current operations to adhere to the ACCC’s regime.
For further information, you can read the ACCC’s 2023-24 compliance and enforcement priorities here and the ACCC's summary of its priorities here.
We Are Here to Help
If you would like to discuss how the new enforcement priorities might affect your business, please contact Rohan Harris or Jake Veale from our Corporate & Commercial Advisory team.
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