Enforcement of prescribed codes of conduct


Prescribed industry codes of conduct are enforceable by the ACCC or by private action under the CCA, with a wide range of remedies available. These include:

  • injunctions to either restrain a person from doing something or require a person to do a particular thing (section 80);
  • damages to compensate for their loss or damage resulting from a contravention of a code (section 82);
  • non–punitive orders such as community service orders (section 86C — only on application of the ACCC); and
  • other compensatory orders (section 87).

Industry codes are complementary to general prohibitions on unfair practices that may occur in trade or commerce, and should encourage compliance and focus of remedies rather than simply seeking to punish contraventions.