In January 2024, the Prime Minister, the Treasurer, the Minister for Agriculture, Fisheries and Forestry, and the Assistant Minister for Competition, Charities and Treasury, announced the appointment of Dr Craig Emerson to lead the 2023-24 Review of the Food and Grocery Code of Conduct. This is the final report of that review.

The Food and Grocery Code of Conduct is a prescribed voluntary industry code of conduct – the only prescribed voluntary industry code in Australia. The code is prescribed under Part IVB of the Competition and Consumer Act, alongside other industry codes of conduct, all of which are mandatory. The code sets out minimum obligations and behavioural standards for retail and wholesale signatories in relation to their conduct with their suppliers.

Key recommendations:

• The Food and Grocery Code of Conduct should be made mandatory.
• All supermarkets, including online supermarkets, that meet an annual Australian revenue threshold of $5 billion should be subject to the mandatory code.
• An anonymous complaints mechanism should be established to enable suppliers and any other market participants to raise issues directly with the ACCC.
• Maximum penalties for more harmful breaches of the code should be the greatest of $10 million, 3 times the benefit gained from the contravening conduct or, where the benefit cannot be determined, 10 per cent of turnover in the preceding 12 months.