A year in review: The major ACCC updates making waves

Greenwashing enforcement · Deceptive conduct · Penalties for price gouging

Over the past year, the Australian Competition and Consumer Commission (ACCC) has stepped up its efforts to protect consumers and hold businesses accountable. Three key areas have seen major movement: greenwashing enforcement, deceptive conduct, and stronger penalties for price gouging. These changes reflect a broader shift toward greater transparency, ethical behaviour, and fairness in the market.

Greenwashing enforcement

The ACCC has turned its attention to the rising issue of greenwashing. Where businesses make false or exaggerated claims about their environmental impact. As part of this shift, new rules around climate-related financial disclosures have been introduced. These reforms align with the Federal Government’s plans for mandatory climate-related financial disclosures, and ASIC’s guidance on avoiding greenwashing in sustainability-related products.

For now, these requirements apply to large businesses that meet at least two of the following:

• Consolidated revenue of $50 million or more
• EOFY consolidated gross assets of $25 million or more
• 100 or more employees at the end of the financial year

This is being rolled out in stages, so more organisations will be included over time. It’s important for businesses to be aware of the thresholds and get ready before they’re caught out.

The goal is to make climate risk part of everyday business decision-making, encouraging greater accountability and supporting the national shift towards a net-zero economy.

Read in depth about greenwashing and climate-related financial financial disclosures in our blog – A year in review: The year ESG and Climate-Related Financial Disclosures were redefined

Deceptive conduct

Misleading or deceptive conduct has long been on the ACCC’s radar, but recent updates have made it easier for the regulator to act. The legal definition of deceptive conduct has been expanded, lowering the bar for what counts as a breach.

The penalties for breaking the law have also increased. Companies can now be fined the greater of:

1. $50 million
2. Three times the value of any benefit gained
3. 30% of their adjusted turnover during the breach period

This new penalty structure ensures large companies can’t simply absorb fines as part of doing business. The risk is real and rising. Now more than ever, businesses need to ensure their advertising, customer communications and product claims are accurate and not misleading in any way. These changes are part of broader updates to the Competition and Consumer Act, enhancing the ACCC’s ability to act against false or misleading claims.

Stronger action on price gouging

Charging high prices isn’t illegal on its own, but the ACCC can now take stronger action when businesses exploit pricing unfairly. Price gouging occurs when businesses sell essential goods like food, fuel, or medicine at inflated prices during emergencies or supply shortages.

What’s changed is the regulator’s ability to take action if a business gives misleading reasons for a price increase. Recent amendments to the Food and Grocery Code of Conduct have given the ACCC stronger enforcement powers and the ability to apply heavier penalties—particularly targeting major supermarkets.

These reforms aim to protect consumers, particularly during times of financial pressure.

What this means for business

Regulators have made it clear: they won’t tolerate misleading conduct and unfair practices. Overstating environmental claims or unjustified price hikes increases the risk of penalties and reputational damage.

Staying ahead of your legal obligations and training your team properly is critical. Safetrac’s training courses help businesses stay compliant with current laws and equip staff with the knowledge to avoid costly missteps.