The Australian Competition and Consumer Commission

The Australian Competition and Consumer Commission (ACCC) is Australia's national competition and consumer law regulator.

Key Responsibilities

  1. Promoting Competition: The ACCC ensures that markets operate competitively, benefiting consumers, businesses, and the community.

  2. Consumer Protection: The ACCC enforces consumer protection laws to prevent unfair practices and ensure that consumers are treated fairly.

  3. Regulating National Infrastructure: The ACCC regulates essential infrastructure services to promote competition and fair access.

Investigations into Consumer Law Breaches

The ACCC conducts investigations into breaches of consumer law, particularly under the Competition and Consumer Act 2010. These investigations can lead to various enforcement actions, including:

  • Court Proceedings: The ACCC can take legal action against businesses or individuals who breach consumer laws.

  • Infringement Notices: The ACCC can issue infringement notices for certain breaches, which may include fines.

  • Undertakings: The ACCC can accept court-enforceable undertakings from businesses to rectify breaches and prevent future violations.

The ACCC uses a range of tools to encourage compliance, including education, industry engagement, and advocacy. They prioritize issues that significantly impact consumers and the competitive process.

The ACCC has the authority to use compulsory information gathering powers during their investigations. These powers compel a recipient to produce necessary information and evidence to enforce competition and consumer protection laws. The powers are briefly described below:

  1. Section 155 Notices: Under Section 155 of the Competition and Consumer Act 2010, the ACCC can compel individuals or businesses to:

    • Produce documents

    • Provide written responses to questions

    • Appear before the ACCC to give evidence under oath or affirmation

  2. Search Warrants: The ACCC can apply for search warrants to enter and search premises, and seize evidence related to an investigation.