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ARTICLE · 05 OCTOBER 2010

Backing up Your Claims: the ACCC’s Newest Investigative Tool

Norton Rose Fulbright Australia
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As part of the Australian Consumer Law amendments to the Trade Practices Act (TPA) passed earlier in the year, the Australian Competition and Consumer Commission (ACCC) has been given the power to issue substantiation notices that require a corporation to deliver up information and/or documents that substantiate claims or representations that have been made about products or services within 21 days (or later if an extension can be negotiated). The notices are intended to be used as a preliminary

AustraliaAntitrust/Competition Law
Rowena Kennedy
Rowena Kennedy
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As part of the Australian Consumer Law amendments to the Trade Practices Act (TPA) passed earlier in the year, the Australian Competition and Consumer Commission (ACCC) has been given the power to issue substantiation notices that require a corporation to deliver up information and/or documents that substantiate claims or representations that have been made about products or services within 21 days (or later if an extension can be negotiated). The notices are intended to be used as a preliminary investigation tool to assist the ACCC in working out whether further inquiries are necessary into possible breaches of the TPA.

Prior to the amendments to the TPA, the ACCC could only issue section 155 notices in relation to a matter that constituted or may constitute a contravention of the TPA. Now the ACCC can issue a notice if a person has simply made a claim or representation promoting:

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