ACCC publishes Guides and Assistance around new unconscionable contracts law changes

From 9 November 2023, changes to the Australian Consumer Law now ban proposing, using, or relying on unfair contract terms in standard form contracts with consumers and small businesses.

Prior to this a Court could only declare specific terms of a contract unfair and therefore void but they were not prohibited, and the Court could impose any penalties. As of Nov 2023, Courts can impose substantial penalties on businesses and individuals who include unfair terms in their standard form contracts.

The maximum financial penalties for businesses under the new unfair contract terms law are the greater of:

  • $50,000,000;
  • three times the value of the “reasonably attributable” benefit obtained from the conduct, if the court can determine this; or
  • if a court cannot determine the benefit, 30 per cent of adjusted turnover during the breach period.

The maximum penalty for an individual is $2.5 million.

The changes apply to:

  • standard form contracts made or renewed on or after 9 November 2023.
  • a term of a standard form contract   that is varied or added on or after 9 November 2023.

Where a term of a contract is varied or added on or after 9 November 2023, the changes relevant to deciding whether a contract is a standard form contract apply to the whole contract.

The definition of a small business contract also changed. The protections now cover businesses with 100 or fewer employees or that make less than $10 million in annual turnover and apply irrespective of the value of the contract.

ACCC has also provided extensive information on what this means in your contract negotiations and how to bring this to the attention of processors. There is a whole website HERE and a handy printable guidance note   Unfair contact terms practical tips for businesses



Avian Influenza – symptoms, biosecurity risks, reporting

Department of Agricuture and Fisheries, and the Australian Chicken Meat Council have published brief but important notes on recognising High Pathogenicity Avian Influenza, reporting it, risks and biosecurity.

Common signs of HPAI include:

  • sudden death
  • • respiratory distress
    • lethargy
    • inability to walk
    • no appetite
    • unusual head or neck posture
    • droopy appearance
    • diarrhoea
    • ruffled feathers
    • swollen head, wattle or comb
    • drop in egg production.

The virus can remain active in manure, water and carcasses for days to weeks if it is not processed (eg by composting temperatures). See here for more information   HPAI Newsletter – DAFF

The Australian Chicken Meat Federation, of which ACGC is a member, has also published a handy guide to what actually HAPPENS to you and your farm once an emergency disease outbreak is declared: FINAL _EAD Flyer

NFF publishes Interim Report on Potential Mandatory Code Of Practice for Growers

After months of workshops, interviews, surveys, Departmental enquiries and at least one Freedom of Information request, teh NFF (contracted to the Australian Government) has released the interim report on the poultry meat market in Australia, policy options including those from overseas, and a draft Code for consideration. This is availalbe for consultation and comment for the next 2 months ONLY. Depending on the feedback or fightback, government MAY OR MAY NOT proceed to a Mandatory Code.

IS YOUR FUTURE WORTH 4 HOURS? Yes, it’s a drag to read, but it’s your future. If you choose not to, you accept any consequence that comes out of this project, inlcuding potential for contracts below your cost of production. You CANNOT rely on your delegates to do this work. READ AND COMMENT, PRIVATELY, BACK TO THE ACGC OFFICE and we will pass your comments on to NFF and politicians anonymously. Get your accountant or lawyer to loo,k over it and give you advice. THIS IS YOUR LAST CHANCE. Clock on the below. we particularly suggest you read pages 40-46 of the report, and the proposed Code (commences page 96). Click on the below to get started.

Interim Report – Exploring the potential for a Code of Conduct to increase price transparency and competition in Australian poultry meat supply chains.



ACGC Submission to Perishable Agricultural Goods Inquiry

ACGC Submission to Perishable Agricultural Goods Inquiry

In late 2020 the Australian Competition and Consumer Commission (ACCC) conducted the Perishable Agricultural Goods Inquiry, focusing on:

  • the relative power held by different suppliers in the markets for the supply of perishable agricultural goods (meats, fruit, vegetables, seafood, dairy products, eggs, mushrooms) and;
  • the practices and behaviours of suppliers in the markets for the supply of perishable agricultural goods and the effect those practices and behaviours may have on consumers and the broader economy.

The ACCC’s final report can be downloaded at Perishable agricultural goods inquiry report | ACCC and ACGC’s submission to the inquiry is available at  Australian Chicken Growers’ Council Limited (ACGC).pdf (