The ACCC’s Compliance and Enforcement Priorities for 2025 to 2026 recognise that cost of living, the cost of doing business and the ongoing impacts of the digital economy’s transformation and disruption are some of the most pressing challenges and opportunities facing Australia’s economy and community. In this update we explain the key areas which will be the subject of the ACCC’s scrutiny and focus in 2025/26.
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Recent cases show that failure by businesses to ensure that environmental sustainability marketing claims are accurate can result in legal action being taken by regulators for false representations and misleading and deceptive conduct exposing the company and its directors to significant penalties and compensation claims.
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Australia’s competition law is complex. Metaverse platforms that are registered as a business, company or foreign entity in Australia or are carrying on business within Australia will have to comply with the Competition and Consumer Act 2010 (Cth). Competition law risk assessments should be undertaken before doing business in Australia to ensure compliance with the law and minimise the risk of significant penalties.
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The consumer guarantees provided under the Australian Consumer Law cannot be excluded, modified or restricted and are in addition to any manufacturer’s or supplier’s warranty – with high penalties applying for breach. Fitbit was recently ordered to pay penalties of $11million for making misleading statements about consumer guarantee rights.
Businesses can take steps to minimise the risk of contravention of the Australian Consumer Law relating to consumer guarantees.
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The new Medical Board/AHPRA “Guidelines For Registered Medical Practitioners who Advertise Cosmetic Surgery” came into effect on 1 July 2023. Health practitioners, individuals, businesses, and companies involved in advertising of health services will be subjected to greater scrutiny by the regulators who will be focusing on advertising and social media used to promote cosmetic surgery.
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