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				Mitigate your company's ACCL penalty risk with NextGen training

Mitigate your company's ACCL penalty risk with NextGen training

January 21, 2020

New laws have dramatically increased the penalties companies and individuals face for Australian Competition & Consumer Law (ACCL) breaches.

However, many businesses either do no ACCL training, or get a lawyer to complete a quick overview at lunch.

The Drinks Association offers Australian Competition & Consumer Law training to its members and our provider NextGen recommends companies undertake regular training to mitigate risks.

There is significant corporate ($10million+) and personal liability ($500,000 and or prison) around ACCL breaches, 

In December 2019, the Federal Court ordered Volkswagen to pay a record $125million in penalties, the largest ever fine for breaches of Australian Consumer Law – dwarfing the previous record of $26 million against training college Empower Institute. In the FMCG sector, Coles incurred a $10million penalty in 2014.

The Volkswagen penalty related to false representations made about its compliance with Australian diesel admissions standards.

Under laws that came into effect late in 2018, maximum penalties for breaches are now three times the profit or benefit obtained or, if this cannot be determined, 10% of turnover.

The NextGen/Drinks Association ACCL training solution is a program that has been built entirely from the ground up, with specific focus, and case studies, on how suppliers should do business in the liquor channel. It covers key aspects of the law in an engaging and relevant way.

There are three learning options available to companies:

• Liquor specific In-house training - this takes about 3.5 hours and we can accommodate up to 25 delegates at member premises.

• General open training - as above, run in venues in Sydney and Melbourne, offering suppliers the opportunity to send representatives to attend with other companies.

• General on-line training - self-paced learning solution where delegates can study on-line – this takes approximately 3 hours to complete.

The program covers all key ACCL topics, including:

• Price fixing

• Resale price maintenance

• Promotional pricing

• Refusal to supply

• Product recalls

• Exclusive dealing (full and third line forcing)

• Misuse of market power

• Misleading and deceptive conduct

• Unconscionable conduct

• Consequences – personal and corporate

• Product misrepresentation, including packaging

• Advertising, including social media

• Warranties and guarantees

• Product recall

For more information, contact Marketing & Membership Manager Kylie Le Lievre on kyliel@drinks.asn.au

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