Consultation Process

A working party of the Standing Committee of Officials of Consumer Affairs (SCOCA) has been established to prepare a report on the desirability of adopting civil penalties or some other more flexible enforcement strategy in substitution for, or as an alternative to, criminal fines for breaches of Part V of the Trade Practices Act 1974 (Cth) and the State and Territory equivalent legislation. Detailed work on the report, including management of the public consultation process, is being coordinated by Treasury on behalf of the Ministerial Council on Consumer Affairs (MCCA).

This discussion paper forms the basis for initial public consultation prior to preparation of the report. It aims to raise issues and canvass possible options for reform. The paper does not represent the policy or position of any government. It is not a proposal for regulatory action and no decisions for regulatory change have been taken.

Interested parties are invited to make written submissions to the working party that address, but need not be limited by, the issues raised for discussion in this paper, including supporting information such as examples and evidence.

Submissions may be lodged electronically, by post or by facsimile. Any submission to the paper will be made public unless a request for confidentiality is received with the submission. Please direct submissions and requests for further information to:

Consumer Protection Penalties Review
Competition and Consumer Policy Division
The Treasury
Langton Crescent
PARKES ACT 2600

Phone: 02 6263 2027
Fax: 02 6263 3964
Email: consumerpenalties@treasury.gov.au

The closing date for submissions is 2 December 2005. Submissions will appear on the MCCA website, www.consumer.gov.au (subject to any claims for confidentiality). All submissions, including confidential ones, may be subject to Freedom of Information and other laws.

¹ ‘Adverse publicity’ orders are also available but can only be imposed if a criminal penalty has already been imposed. As they are not a penalty that can be imposed in the absence of a pecuniary penalty, they are excluded from discussion.

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