Focus: Updated guidance for businesses on
carbon price claims released by ACCC Services:
With less than a month until the introduction of the carbon
price, the ACCC has released an updated guide to assist businesses
in understanding their rights and obligations when making claims
about the impact of the carbon price.
This updated guide can (at the time of writing) be found here.
We wrote about this issue in December last year. That article
can be found
Nothing has actually changed since then – the focus of
the guide is still to assist businesses to make claims that
aren't misleading, deceptive or false under the Australian
The new guide has been updated in response to industry
consultation and feedback, and provides more practical guidance on
The new guide emphasises these key points:
claims your business makes about the impact of the carbon price
must be truthful and have a reasonable basis
care should be taken when relying on third party information to
support any claim about the impact of the carbon price
your business must determine its carbon costs and prices
independently from its competitors
your business should avoid discussions and agreements with
competitors about the price impact of the carbon price
if your business makes a claim about the carbon price, it must
not overstate or misrepresent the impact of the carbon price
your business may also be responsible for claims made by its
employees in relation to the impact of the carbon price.
The ACCC has been directed by the Australian government to
undertake a compliance and enforcement role in relation to claims
made about the impact of the carbon price. The new guide
illustrates that the ACCC is clearly heavily focussed on this role.
This suggests that the ACCC will be vigilant as to the claims
businesses make in relation to the impact of the carbon price.
Given the guidance it has provided, and the emphasis it has
placed on this issue, the ACCC is unlikely to show lenience to
those that try to use the impact of the carbon price to take
advantage of consumers.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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