ACCC checks in on penalty notice regime

On 13 February 2012 the ACCC provided an update on its use of new powers to issue infringement notices to business. These powers allow the ACCC to issue infringement notices where:

• it has reasonable grounds to believe that there has been a contravention of certain consumer protection provisions under the Australian Consumer Law, such as provisions relating to:
• • unconscionable conduct;
  • false or misleading representations regarding goods, services and employment;
  • pyramid schemes;
  • unsolicited marketing (e.g. door to door, telephone sales or sales other than from a place of business);
  • instalment payment ('lay-by') agreements;
  • product safety and standards;
  • failure to provide invoices or warranty documentation; or