Skip to Content Skip to Sitemap. Home Media Media releases. ACCC launches free internet-based training program 17 September Release number:. COVID coronavirus information for consumers. This will be updated regularly as new guidance is available. Latest news. CovaU pays penalties for allegedly failing to publish comparison pricing on electricity plans. I suggest it will now be crucial that a corporation is able to demonstrate to its shareholders the existence of a corporate culture that is effective in the management of compliance.
The guideline was developed in consultation with the compliance industry and is available at no cost. It can be ordered through the Infocentre on or obtained from the website. Use this form to make a general enquiry. To the contrary, what is often considered commercial, or good business practices may fall foul of the TPA.
Businesses are often surprised to learn that their supply chain, pricing practices, advertising campaigns or failure to comply with mandatory industry codes breach the TPA. In an attempt to partially address this, the ACCC published a guide to the Program for small businesses. The guide is designed to promote awareness of the TPA in the small business sector and assist small business operators to incorporate TPA compliance as an integral part of their businesses. Similar guidelines also exist for medium to large corporations.
The ACCC guide does not define what constitutes a 'small business', but the Australian Standard for compliance programs describe it as:. Section G of the Corporations Act Cth defines a small business as any manufacturing business which employs less than people or any other business which employs less than 20 people. Although, defined in legal terms under the Franchising Code of Conduct, in commercial terms, franchising is generally seen as a method of doing business. Given this generally accepted view of franchising, a franchise system is amongst others characterised by its ability to adapt quickly and effectively to market needs and changes.
Philosophically, regardless of the size of any franchise system, franchising is much about the way the business is run. Assuming this to be correct, a franchisor will invariably fall within the Australian Standard definition of a small business.
The ACCC has produced a checklist for small businesses as to how they should establish, and what should comprise a Program. In summary, these steps are:.
Businesses should make a board resolution evidencing their intention to implement a Program, to establish a TPA compliance culture and to appoint a TPA compliance officer. The list is not exhaustive and can include what follows or anything relevant to a business' particular characteristics. Once a business understands its TPA risks and have prioritised those, a Program should be developed to address all relevant issues.
An effective Program must as a minimum comprise at least the following:. Generally, the TPA compliance officer should be responsible for delivering and updating the Program, monitoring and acting on TPA related complaints and maintain records in relation to the operation of the Program. Critical to the successful implementation of a Program is the involvement of, and continuous training of staff.
All new staff should also be given TPA training as part of their induction. Failure to comply with the TPA can have serious consequences.
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