What is the ACCC’s role with respect to the Horticulture Code?
The ACCC is an independent statutory authority which, while a government organisation, acts independently of government. The ACCC is responsible for administering the Trade Practices Act and other consumer protection and fair trading laws. Among other things, the Trade Practices Act and related laws are designed to prevent anti-competitive conduct in the marketplace and to encourage competition and efficiency in business—all of which should give consumers greater choice in the price and quality of the goods and services they buy. In relation to the Horticulture Code, the ACCC: • administers s. 51AD of the Trade Practices Act, which prohibits contraventions by corporations and by individuals of applicable industry Codes (for example, the Horticulture Code). • administers s. 51AC of the Trade Practices Act, which allows courts trying to determine unconscionable conduct in a particular case to regard the requirements of any applicable industry Code (for example, the Horticulture Code). •
