These penalty guidelines set out the Australian Competition and Consumer Commission’s general approach when determining the penalty considered appropriate to include in submissions to the Court. 

The Competition and Consumer Act 2010 (Cth) (CCA), which includes, in Schedule 2, the Australian Consumer Law (ACL), regulates most areas of the Australian market. Its purpose is to enhance the welfare of Australians by promoting competition, fair trading, and consumer protection.

The Australian Competition and Consumer Commission (ACCC) is charged with enforcing compliance with the CCA. An important function of the ACCC is to bring proceedings seeking pecuniary penalties for contraventions of the CCA.

The primary purpose of civil pecuniary penalties is to secure compliance by deterring wrongdoing. Such penalties are intended to deter both the offender and others who might be tempted to engage in contravening conduct.

The penalty to be imposed in any given matter is solely for the Court to determine. However, in carrying out its functions the ACCC makes submissions to the Court on the appropriate penalty that it considers should be imposed. The submissions cannot bind the Court but provide it with the regulator’s view on what is needed to achieve deterrence.

These guidelines are being issued to: ƒ

• focus on the principal matters to be taken into account by the ACCC in determining an appropriate penalty that it will seek from the Court and which it considers will achieve deterrence ƒ
• promote consistency in the way the ACCC approaches penalty submissions ƒ
• increase transparency of the ACCC’s approach for the broader community.

They do not address the ACCC’s approach to other forms of relief that may be available, which may serve different purposes and involve different considerations.