Agreements & law

Competition and Consumer Act 2010

The federal Act that houses both the Australian Consumer Law and the Franchising Code, and that the ACCC enforces.

What it means

The Competition and Consumer Act 2010 (Cth) is the overarching law governing competition and consumer protection in Australia. The Franchising Code of Conduct is made under it as a mandatory industry code, and the Australian Consumer Law is a schedule to it.

This is why the ACCC, which administers the Act, is also the franchising regulator. Breaching the Code is, in effect, breaching the Act, which is what gives the Code its teeth, including civil penalties.

In practice

You do not need to read the whole Act, but understand the hierarchy: the Act sits at the top; the Franchising Code and the ACL sit under it; the ACCC enforces all of it. That framework is what protects you.

A real example

When the ACCC takes court action against a franchisor for Code breaches, it does so under the Competition and Consumer Act 2010, seeking penalties the Act authorises.

Competition and Consumer Act 2010, FAQs

How does the Competition and Consumer Act relate to the Franchising Code?

The Code is a mandatory industry code made under the Act. Breaching the Code is a breach of the Act, which is why the ACCC can enforce it and seek penalties.

Who enforces the Competition and Consumer Act?

The Australian Competition and Consumer Commission (ACCC), which is also the franchising regulator.

See the full franchise glossary, the Fee Index or our buyer guides.