ACCC: Role, Powers and How It Protects Consumers

Updated 12 Mar 2026Content was accurate at the time of publication

What is the ACCC?

The Australian Competition and Consumer Commission (ACCC) is the national regulator responsible for promoting competition, fair trading and consumer protection across Australia. If you're a consumer or business wondering how misleading advertising, price-fixing or unsafe products are handled, the ACCC is the agency that investigates systemic harm, enforces the law and publishes guidance to help people understand their rights.

The ACCC's key functions include:

Enforcing competition law and consumer protection provisions in the Competition and Consumer Act 2010
Monitoring markets and reviewing mergers that may substantially lessen competition
Managing product safety recalls and public warnings
Providing guidance and compliance tools for businesses and information for consumers

For practical definitions of related finance concepts that often intersect with ACCC matters, see Finance Lease and Novated Lease.

What the ACCC does

The ACCC's activities fall into several overlapping areas, each focused on promoting competitive markets and protecting consumers.

Competition law enforcement

The ACCC detects and prosecutes cartels, resale price maintenance and misuse of market power. It also reviews mergers and acquisitions that may reduce competition.

Consumer protection

The ACCC enforces prohibitions on misleading or deceptive conduct, false representations and unfair contract terms. It oversees product safety and manages recalls and bans.

Market monitoring and studies

The ACCC conducts market studies and reports into sectors such as digital platforms, energy and groceries. It recommends policy or regulatory reform where markets fail.

Industry codes and adjudication

The ACCC administers industry codes and issues enforceable undertakings or penalties for breaches.

Public education and reporting

The ACCC runs Scamwatch and publishes resources on how to report and avoid scams.

Legal and practical intersections exist between ACCC issues and business finance topics such as Invoice Discounting and Equipment Finance, which can raise consumer disclosure obligations.

Powers and enforcement tools

The ACCC's powers are set out in the Competition and Consumer Act 2010. Its enforcement toolkit includes a range of civil and criminal options designed to deter and remedy unlawful conduct.

Investigative powers

The ACCC can request documents and information. In serious matters, it can seek warrants or compulsory notices to gather evidence. These powers enable the ACCC to build cases for enforcement while balancing procedural protections.

Enforcement instruments

The ACCC may pursue court proceedings seeking injunctions, pecuniary penalties, declarations and remedial orders. It can also issue infringement notices (on-the-spot fines for certain contraventions), accept enforceable undertakings (agreements to take remedial action), or issue public warnings and market studies.

Remedies available

The ACCC can seek pecuniary penalties (corporate fines can be substantial), orders for compensation, refunds or product recalls, and criminal prosecutions for cartel conduct where applicable.

For the full statutory basis, see the Competition and Consumer Act 2010 at https://www.legislation.gov.au/Series/C2004A07326. For guidance on reporting scams and consumer disputes, consult Scamwatch at https://www.scamwatch.gov.au/.

How the ACCC investigates and what to expect

Investigations typically follow stages that balance thorough fact-finding with case prioritisation.

Initial triage

The ACCC assesses complaints and may refer local or less systemic matters to state consumer agencies or ombudsmen.

Preliminary inquiry

The ACCC may request information and speak with parties to decide if a formal investigation is needed.

Formal investigation

If warranted, the ACCC can issue notices for documents, seek warrants and compel evidence. Timelines vary: straightforward matters can close in weeks; complex litigated cases take months or years.

Enforcement decision

The ACCC may accept an enforceable undertaking, issue an infringement notice, commence court proceedings, or refer criminal matters to prosecutors.

What to expect as a complainant

You may be asked to provide evidence: communications, receipts, screenshots and transaction records. Confidentiality is limited — the ACCC often protects complainant identities where necessary but cannot always guarantee anonymity. There is no guaranteed outcome; the ACCC prioritises matters by public interest, scale of harm and resources.

When preparing a complaint, collect dates, names, transaction IDs, copies of adverts or emails, and a clear chronological summary. For scams, forward phishing emails and bank details to Scamwatch and your bank.

For guidance on consumer interactions and remedies, review consumer rights guidance.

How to report a problem or file a complaint

Use this step-by-step guide to report misleading conduct, unsafe products, scams or cartel behaviour.

1. Identify the correct reporting pathway

Consumer scams and fraud should be reported via Scamwatch (https://www.scamwatch.gov.au/) and the ACCC's online reporting tools. Competition issues or cartels can be reported via the ACCC enforcement pages at https://www.accc.gov.au/. Unsafe products can be reported via the ACCC's product safety hub.

2. Gather evidence

Collect documents such as invoices, receipts, screenshots of adverts, contracts and delivery records. Save communications including emails, SMS and call logs (note legalities on recording). Gather financial records like bank statements and transaction IDs.

3. Use the online form or phone line

Fill the ACCC's online report form or follow Scamwatch instructions; include as much detail as possible. Keep copies of what you submit and any reference number.

4. After you report

The ACCC will acknowledge receipt and may contact you for further details. Not all reports lead to enforcement; many inform monitoring, guidance or public warnings. For urgent threats (ongoing fraud or safety risk), act promptly with your bank or police.

If your matter involves contracts, financing or lending disputes, your lender or finance product may have an internal dispute resolution process. For context on lender products, see emumoney.com.au's /business/business-loans and /personal/personal-loans pages.

Obligations and practical compliance tips for businesses

Businesses face a range of obligations under competition and consumer law. Below is a concise, actionable compliance checklist and practical tips.

Key legal obligations

Do not make false claims about products, prices or performance
Ensure advertised prices include necessary fees and provide straightforward refund procedures
Do not agree with competitors to fix prices, divide markets or rig bids
Avoid unfair contract terms in standard form contracts that create a significant imbalance
Ensure products meet mandatory safety standards and maintain traceability for recalls

Practical compliance checklist

Audit marketing materials quarterly for accuracy and evidence to substantiate claims
Maintain a central record of pricing, discounts and promotional terms
Train sales and marketing staff on acceptable claims and review third-party endorsements
Publish a simple, reviewed dispute-handling process and log complaints
Conduct regular competition law training for managers and keep records of negotiations
Keep robust, dated records of commercial decisions to demonstrate compliance if questioned

Tools and resources

Use an internal compliance policy document and log training attendance. For sector-specific finance issues, review relevant A-to-Z guides such as Invoice Discounting and Equipment Finance to ensure disclosure requirements are met. Consider an external legal compliance review for high-risk areas such as mergers or complex contracts.

Penalties and consequences

Consequences for contraventions can be significant and include civil and criminal outcomes.

Common outcomes

Courts may impose pecuniary penalties (fines) up to the greater of $10 million, three times the benefit derived from the contravention, or 30% of adjusted turnover during the breach period. The ACCC may issue infringement notices (fines without court proceedings for specified breaches) or seek injunctions and structural remedies (orders for changes to business conduct or divestment). Remediation can include refunds, compensation or product recalls. Criminal sanctions for serious cartel conduct can include imprisonment and fines for individuals. Public naming and media coverage often follow enforcement actions.

Aggravating factors

Penalties increase for deliberate or systemic breaches, large-scale or long-duration misconduct, and harm to vulnerable consumers.

Mitigating factors

Early admissions, full cooperation and voluntary remediation (such as undertakings to compensate consumers) can reduce penalties.

For up-to-date penalty amounts and enforcement examples, consult the legislation at https://www.legislation.gov.au/Series/C2004A07326 and ACCC enforcement summaries at https://www.accc.gov.au/.

Relationship with other regulators

The ACCC coordinates with a range of regulators and agencies to address cross-cutting issues.

ASIC (Australian Securities and Investments Commission)

Overlaps occur in consumer finance, product disclosure and market conduct; matters may be jointly investigated or referred. See ASIC guidance at https://asic.gov.au/.

AUSTRAC

Works with the ACCC where scams involve money laundering or financial crime.

State and territory consumer agencies

These handle many consumer complaints; the ACCC focuses on matters of national significance or systemic harm.

Courts and prosecutors

The ACCC brings matters to the Federal Court, and criminal prosecutions may involve state prosecutors.

International cooperation

For cross-border digital platforms and multinational cartels, the ACCC collaborates with overseas regulators.

When deciding where to lodge a complaint, consider whether the issue is local (state agency or ombudsman) or systemic/national (ACCC). See the ACCC's cooperation statements on https://www.accc.gov.au/.

Notable ACCC cases and outcomes

Summarised cases illustrate the ACCC's approach and lessons for businesses and consumers.

Misleading advertising

A corporation advertised products with misleading environmental and performance claims. The court ordered corrective advertising, refunds and significant pecuniary penalties. The takeaway: substantiate all public claims and retain supporting records.

Cartel enforcement

Firms engaged in price-fixing and bid-rigging in supply contracts. Criminal prosecutions followed for individuals, heavy corporate fines were imposed, and director disqualification was considered. The takeaway: never coordinate price or tender bids with competitors; implement a robust competition compliance program.

Digital platforms and consumer guarantees

ACCC investigations into platform conduct resulted in stronger consumer protections and recommendations for disclosure improvements. A market study led to proposed regulatory measures and increased obligations. The takeaway: platforms must ensure transparent terms and effective dispute mechanisms.

References and full judgments are available via AustLII and ACCC enforcement pages (search at https://www.accc.gov.au/ or relevant Federal Court pages).

FAQ

Will the ACCC compensate me?

The ACCC does not act as a consumer compensation body in most individual cases. Enforcement outcomes can include orders for remediation or compensation, but many complainants must seek private civil remedies or use dispute-resolution schemes.

How long does an ACCC investigation take?

Timelines vary. Simple matters may resolve in weeks; complex litigated matters can take years.

Can I remain anonymous when I report?

You can request anonymity and the ACCC will generally protect identities where appropriate, but anonymity cannot be guaranteed in all circumstances.

What's the difference between the ACCC and ASIC?

The ACCC focuses on competition and consumer protection; ASIC oversees financial services, market integrity and corporate governance. They cooperate on overlapping issues.

Does the ACCC handle product recalls?

Yes. The ACCC oversees mandatory and voluntary product recalls and publishes safety alerts.

What counts as a cartel?

Agreements between competitors that fix prices, share markets, rig bids or control output are cartel conduct and can attract civil and criminal penalties.

Can the ACCC investigate international companies?

Yes, where conduct affects Australian markets. Cross-border cooperation with foreign regulators is common.

Key takeaways

The ACCC enforces competition and consumer law to protect Australian consumers and maintain fair markets. Whether you're reporting a scam, investigating misleading conduct or building a compliance program, understanding the ACCC's investigative process, reporting pathways and penalties is essential. Collect evidence carefully, use the correct reporting channel, and seek legal advice for complex matters.