On The Spot Fines - A New Enforcement Tool For The ACCC?

At present the ACCC has no power to issue 'infringement notices' – sometimes called 'on the spot fines' – to wrongdoers and must instead apply to the courts for pecuniary penalties to be imposed. Petrol retailers may be the first to experience a new ACCC power to issue "fines", in the form of infringement notices, if the Fuelwatch legislation (the National Fuelwatch (Empowering Consumers) Bill 2008 and the National Fuelwatch (Empowering Consumers) (Consequential Amendments) Bill 2008 - currently caught up in the Senate) is passed.

Under the proposed Fuelwatch legislation, which is modelled on a regime currently in place in Western Australia, petrol retailers must inform the ACCC by 2pm each day of the price at which they will sell each type of fuel offered by them during the next day. The petrol retailers must sell at the notified prices, commencing at 6am the next day, for a 24 hour period. The ACCC will maintain a website publishing daily fuel prices for consumers