In this Legal Update, Stephens Lawyers & Consultants looks at three (3) major risk areas faced by businesses for breach of the Australian Consumer Law which arise out of the ACCC’s 2025-26 compliance and enforcement priorities and offers guidance on some steps that businesses can consider implementing to minimise risk of non-compliance with the Australian Consumer Law.
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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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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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Metaverse, 3D virtual digital platforms, if accessible by users located in Australia, will be subject to Australian laws, even if the owners or operators of the platforms are not registered businesses or companies in Australia and do not have a physical presence in Australia. While Australia does not currently have specific laws that regulate the use of AI on the metaverse, Australia’s existing legal framework is used to regulate AI technologies across all industries.
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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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