Climate Active has measures in place to protect the integrity of the program and our carbon neutral certifications. This page outlines the requirements for brands participating in the program, and our compliance policy and processes.

Compliance policy

Our compliance policy protects the integrity of the program. The policy is focused on ensuring certified brands meet their obligations under the licence agreement. It also gives the public clear visibility of each brand’s certification status.

 

To be compliant, a brand must:

  • meet the requirements of the relevant standard
  • follow the relevant reporting schedule
    • this includes submitting reporting documents to Climate Active by the due date and to our reasonable satisfaction
  • pay all fees on time
  • use the trade mark correctly. 

 

Climate Active is a voluntary program. Compliance issues are managed through a graduated, risk-based approach. 

 

We work proactively with non-compliant brands to help them return to compliance. We allow reasonable time and opportunity to fix issues, and most brands respond constructively and meet the program requirements. 

 

If a brand is non-compliant, we notify them as soon as possible in writing. This notice outlines the steps to fix the non-compliance along with a deadline.

 

We assign a ‘pending’ status to the brand’s profile on our website before we begin the formal compliance process. 

 

Suspension

Climate Active may suspend a brand’s certification if they are non-compliant. 

 

Suspension can be the first compliance step prior to terminating a brand’s certification and is used when there is evidence the brand intends to continue with the program.

 

A suspension can last for up to six months to give the brand time to address the non-compliance. 

 

If the brand returns to compliance, the suspension will be lifted and the certification will be reinstated. The suspension period will be noted on the brand profile on our website to support transparency.

 

If the brand does not address the non-compliance within six months, Climate Active will terminate their certification and may cancel their licence agreement.

 

Suspended brands are listed on the Climate Active website under Inactive Brands.

 

Termination

 

In cases of continued or serious non-compliance, Climate Active may terminate a brand’s certification and their licence agreement. Terminating a brand’s licence agreement is the final compliance action available under the program.

 

Climate Active gives terminated brands clear advice on their responsibilities upon termination. 

 

This includes advice on outstanding reporting obligations and the need to remove any public certification claims. 

 

Terminated brands are listed on the Climate Active website under Inactive Brands.

 

Withdrawal

Certified brands can choose to exit the Climate Active program at any time.

 

A brand must give Climate Active at least 30 days’ notice of intent to withdraw. Climate Active will then provide a formal notice of withdrawal.

 

This notice outlines the effective withdrawal date and any outstanding obligations to close out the brand’s participation in the program. The brand is considered certified up until the withdrawal date.

 

Withdrawing from the program is a matter for each brand, based on their individual circumstances. Brands do not need to explain to Climate Active why they are withdrawing from the program. 

 

We offer the opportunity for withdrawing brands to provide feedback on their decision to leave the program.  

 

Some reasons cited for withdrawing include:

 

Withdrawn brands are listed on the Climate Active website under Inactive Brands.

 

Obligations for inactive brands

All suspended, terminated and withdrawn brands are responsible for meeting their outstanding obligations under their licence agreement.

 

If a brand receives a notice of suspension, withdrawal or termination, they must:

  • stop using the Climate Active trade mark
  • remove references to ongoing Climate Active certification in their materials
  • stop claiming a connection to Climate Active.

 

Products manufactured and packaged before the suspension, withdrawal or termination can still be sold until existing packaged stock is exhausted. 

 

Suspended, withdrawn and terminated brands are also expected to provide annual reports for certified periods up to the date of withdrawal or termination. 

 

Climate Active undertakes all reasonable steps to notify inactive brands about their outstanding obligations. However, the responsibility for meeting these obligations rests with the brand.

 

Should a brand continue to make inaccurate or misleading claims, including misusing the Climate Active trade mark, we may refer them to the Australian Consumer Competition Commission for investigation.

 

Compliance checks

In addition to the standard program compliance processes outlined above, Climate Active undertakes regular compliance checks on current and inactive brands. 

 

These checks aim to ensure any use of the trade mark or public claims about a brand’s certification status are accurate and appropriate.

 

If you notice a brand making a Climate Active claim that seems inaccurate or misleading, including misusing our trade mark or brand logo, please contact us at Climate.Active@dcceew.gov.au.