Competition and Consumer (Cth) Act 2010
The objectives of the Competition and Consumer Act (CCA) are to enhance the welfare of Australians by promoting competition and fair trading, and to provide protection to Australian consumers. The CCA seeks to:
- prevent anti-competitive conduct, thereby encouraging competition and efficiency in business, resulting in a greater choice for consumers and businesses in price, quality and service; and
- to safeguard the position of consumers in their dealings with businesses, and businesses in their dealings with other businesses.
The CCA contains provisions prohibiting corporations from engaging in restrictive trade practices such as cartel conduct, exclusive dealing, anti-competitive agreements, misuse of market power and unconscionable conduct. The Australian Consumer Law (ACL) forms Schedule 2 to the CCA. It outlines provisions on consumer protection and prohibits unfair trade practices such as misleading and deceptive conduct.
The CCA applies to all commercial activities of the University. This includes the University's dealings with suppliers, competitors, research partners, students and users of University services and premises. UniSA is committed to ensuring that its operations comply with relevant trade practices and consumer law obligations. As an employee of the University, you are required to be familiar with the CCA. Obligations under the CCA should be adhered to in relation to all business activities engaged in on behalf of the University. This includes the provision of courses and services in Australia and overseas, and international programs offered by the University.
Potential areas of risk exposure under trade practices and consumer law include:
- providing programs and courses, including transnational, onshore international and non-award programs
- purchasing goods and services, including managing supply contracts and involvement with tendering processes
- supplying goods and services, including research and consulting
- advertising, promotions and marketing
- agreements with competing service providers.
Please note, the Competition and Consumer Act Compliance Manual is a required training tool for all new and existing staff of UniSA.
Under the CCA, staff are responsible for their own actions. The penalties and power of enforcement for non-compliance under trade practices and consumer law obligations are substantial. Both the University and individuals are liable to prosecution under CCA legislated requirements. There are significant penalties for the University and individuals for non-compliance with the CCA, as outlined in the Competition and Consumer Act and the CCA Compliance Manual.
If staff are in doubt about any conduct, or proposed conduct relating to trade practices and consumer law they should contact their supervisor and/or the University's Legal Advisor before making a decision.
Staff are also encouraged to report to their supervisor and/or University Legal Advisor, any conduct by a competitor, supplier, or customer of the University they believe might be in breach of the CCA.
For further information on the CCA and how it applies to the University's activities, please read the:
- Competition and Consumer Act Compliance Manual (971kb PDF)
- CCA Compliance Guidelines (446kb PDF)
- CCA Incident Report Template (724kb PDF)
(documents are in Adobe Acrobat (PDF) format - download Acrobat Reader).
Additional information can be found at:
- Australian Government ComLaw – Competition and Consumer Act 2010
- Australian Competition and Consumer Commission (ACCC) website