Consumer Law Enforcement and Administrative Review: Response to Draft Report

The submission to the Productivity Commission in response to its Consumer Law Enforcement and Administration Draft Report (Draft Report) was prepared by the Competition and Consumer Committee of the Business Law Section. 

While the Committee recognises that the multiple-regulator model for enforcement and administration of the Australian Consumer Law (ACL) has a number of limitations, these have not stopped the ACL from achieving its objectives. The Committee considers, however, that the model could work better with improved communication and coordination.

Rather than addressing all questions raised in the Draft Report, the Committee has addressed those specific issues it identifies as being of particular significance. The Committee submits that:

• the various State-based product safety regimes are in need of reform;
• the States do not need enhanced enforcement powers, in particular to issue infringement notices;
• the States and Territories could relinquish their power to issue interim product bans, compulsory recalls and public warnings on product safety to the ACCC;
• a single regulator could more efficiently coordinate investigations, particularly product liability investigations;
• there is no need to exempt interim product bans from regulation impact assessment requirements;
• current penalties for breaches of the ACL are sufficient and appropriate; and
• the different regulators could improve performance reporting on ACL matters and enhance cooperation.

You can read the full submission below.

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