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Trade Practices Compliance Manual

2. Australian Competition and Consumer Commission (ACCC)

2.1 What is the ACCC?

The ACCC replaces the Trade Practices Commission and the Prices Surveillance Authority. It is essentially a merger of their functions into one powerful enforcement body. The ACCC administers the Trade Practices Act (TPA) and the Prices Surveillance Act (PSA).

The Department of Treasury has portfolio responsibility for the ACCC. The ACCC comprises a Chairperson, a Deputy Chairperson and a number of full-time Commissioners and part-time Associate Commissioners.

The Victorian Office of Fair Trading administers the Fair Trading Act and it is well equipped to perform that task.

2.2 Objectives of the ACCC

The stated objectives of the ACCC are to:-

  • improve competition and efficiency in markets;
  • foster adherence to fair trading practices in well-informed markets;
  • promote competitive pricing wherever possible and to restrain price rises in markets where competition is less than effective;
  • inform the community at large about the Trade Practices Act and the Prices Surveillance Act and their specific implications for business and consumers; and
  • use resources efficiently and effectively.

2.3 Powers of the ACCC

The powers of the ACCC are wide reaching, it is well resourced and its officers diligently perform their functions.

The ACCC has the power to force you to provide it with information and documents. It also has the power to compel you to answer specific questions.

2.4 What To Do if the ACCC Contacts You

ACCC enquiries should be referred immediately and without further comment to the University's Compliance Officer or, in her absence, the University Solicitor. You should show a willingness to co-operate with the ACCC's investigations. However, do not provide any information, documents or answer any questions without first consulting the Compliance Officer.

Do not enter into discussions with the ACCC but take careful notes of all conversations with ACCC investigators and immediately refer all enquiries to the Compliance Officer.

2.5 Action Checklist

DO NOT

  • under any circumstances engage in conversation with the ACCC investigators without first seeking advice from the Compliance Officer.
  • agree or disagree with any comments the ACCC investigators pose.
  • allow ACCC investigators to inspect any premises unless you first obtain approval from the Compliance Officer who will check that they have a warrant or the relevant notice issued under the Competition Code.
  • underestimate ACCC investigators. They are highly skilled at obtaining information and may pose as customers or suppliers.