Compliance Framework
Compliance Driver
Competition and Consumer Act 2010 (Cth)
Classification
Level 1
University-wide concern. Impacts on reputation and funding.
Associated Legislation
Associated Standards
None
Associated Codes
None
Associated Information
None
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Administrative Information
Administrative Body
Australian Competition and Consumer Commission (ACCC)
Administrative Name
Administrative Address
Physical Address
Contact UNE Legal Office for assistance
legal@une.edu.au
02 6773 4458
Administrative Phone
1300 302 502
Administrative Email
Administrative Website
https://www.accc.gov.au/
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General Introduction
VC Compliance Delegate
Kus Pandey, Director Governance and University Secretary
Compliance Coordinator
Kus Pandey, Deputy Director Governance and University Secretary
Business Units Impacted
Overview
The object of this Act is to enhance the welfare of Australians through the promotion of competition and fair trading and provision for consumer protection. The Act provides for protection of consumers and prevents some restrictive trade practices of companies. It is the key competition law in Australia. The Act applies to almost all activities of the University, this includes: (1) the University's dealings with suppliers, competitors, research partners, students and users of University services and premises. (2) the provision and promotion of courses and services and fees in Australia and overseas, and international programs offered by the University. All employees of the University are required to be familiar with the CCA.
Compliance Obligations
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Anti-Competitive Behaviour Bans
Description
UNE must not engage in anti-competitive behaviour, including cartel conduct (price fixing, bid-rigging, market allocation, output restrictions), secondary boycotts, and anti-competitive information disclosure with competitor universities.
Key Legislative Provisions:
s.44ZZRD, s.44ZZRF - Anti-competitive disclosure of information relating to price, capacity or strategy
s.45 - Contracts, arrangements or understandings that restrict dealings or substantially lessen competition
s.45AD, s.45AF, s.45AG, s.45AJ, s.45AK - Cartel provisions (both criminal and civil penalties)
s.45D, s.45DA, s.45DB - Secondary boycotts
s.45E - Attempted boycotts
s.50E, s.50F - Acquisition notifications (Part IVA, commenced 1 January 2026)
Impacts
Maximum Penalties:
- Criminal: $16,500,000 (cartel offences) + up to 10 years imprisonment for individuals
- Civil: Up to $525 million (30% of turnover) for serious contraventions; $50M minimum
- Officers: Personal criminal liability (10 years imprisonment + $3.3M fine); personal civil penalty liability (up to $2.5M)
- Non-Financial: Criminal conviction and criminal record, injunctions, adverse publicity, disqualification from managing corporations for up to 20 years, reputational damage, ACCC investigation and prosecution, follow-on civil damages claims, class actions
Responsible Manager
Kus Pandey, Director Governance and University Secretary
Coordinating Officer
Kus Pandey, Deputy Director Governance and University Secretary
Coordinating Unit
Office of the Director Governance and University Secretary
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
None
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Reporting Wrongdoing at UNE Policy
Protocol
None
Procedure
None
Guideline
None
Other Websites
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Commercial Activity Regulation
Description
UNE must comply with regulations regarding commercial activities, including fair trading, fair dealing with suppliers and small businesses, and payment surcharges.
Key Legislative Provisions:
s.20-22 ACL - Unconscionable conduct (unwritten law, supply of goods/services, small business dealings)
s.23 ACL - Unfair contract terms
s.47 - Exclusive dealing
s.55A - Excessive payment surcharges
Impacts
Maximum Penalties:
- Civil: Up to $525M (exclusive dealing, unconscionable conduct; $825,000 (unfair terms, unconscionable conduct)
- Officers: Personal civil penalty liability
- Non-Financial: Injunctions, mandatory recalls, corrective advertising, contract voiding/variation, adverse publicity, disqualification, product liability claims
Responsible Manager
Kus Pandey, Director Governance and University Secretary
Coordinating Officer
Kus Pandey, Deputy Director Governance and University Secretary
Coordinating Unit
Office of the Director Governance and University Secretary
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
Commercial Activities Rule
Policy
None
Protocol
None
Procedure
None
Guideline
None
Other Websites
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Prevent Misleading conduct
Description
UNE must not engage in conduct that is misleading or deceptive in trade or commerce, including false representations about services supplied.
Key Legislative Provisions:
s.18 ACL - General prohibition on misleading or deceptive conduct
s.29 ACL - False or misleading representations (13 specific categories)
s.34 ACL - Misleading conduct about nature of services
s.50-51 ACL - Misrepresenting guarantees or misusing word "guarantee"
s.157-158 ACL - Substantiation notices (21-day compliance requirement)
s.31 ACL - Misleading representations about employment
Impacts
Maximum Penalties:
- Criminal: $198,000 (failure to comply with substantiation notices)
- Civil: Up to $525 million (30% of turnover) for listed entities; $2.5M for non-listed
- Officers: Personal civil penalty liability up to $2.5M
- Non-Financial: Injunctions, corrective advertising, adverse publicity, disqualification from managing corporations, reputational damage, class actions
Responsible Manager
Kus Pandey, Director Governance and University Secretary
Coordinating Officer
Kus Pandey, Deputy Director Governance and University Secretary
Coordinating Unit
Office of the Director Governance and University Secretary
Oversight Committee/Group
None
Business Units Impacted
Obligation Framework
Associated Legislation
Associated Standard
None
Associated Code
None
Associated Information
None
Management Tools
Rule
None
Policy
Advertising Policy
Protocol
None
Procedure
None
Guideline
None
Other Websites
Compliance Overview