Australian Consumer Law (LAWS70380) Graduate coursework level 7 Points: 12.5 On Campus (Parkville) You’re viewing the 2020 Handbook: Or view archived Handbooks. Please visit the ACCC COVID-19 advice for consumers page for further information. Relevant provisions can also be found in state and territory fair trading legislation. The length of the consumer guarantee period depends on a number of factors including: Under consumer law, you must provide a remedy if your products or services: The remedy you must provide to the customer will depend on whether the issue is major or minor.
If you run a business in Australia, you’ll be affected by the Australian Consumer Law (ACL). Examples of how you must comply with the ACL: The ACL website has guides to help you understand specific consumer law topics. The sales practices guide covers unsolicited supplies, unsolicited consumer agreements, pyramid schemes, multiple pricing, lay-by agreements, referral selling and harassment and coercion. The ACCC is publishing comprehensive and up to date information about consumer rights, refunds, and what to do in the event of travel and other event cancellations as a result of the COVID-19 outbreak.
For example, if a product suffers a failure outside a warranty period, it may still be covered by consumer guarantees. The guide for businesses and legal practitioners can help you determine what is a major or minor failure. We promote competition and fair trading and regulate national infrastructure to make markets work for everyone. The ACL is a national law to protect consumers. 2) 2010, "The Australian Consumer Law and your safety", "The Australian Consumer Law and your business", "The Australian Consumer Law and your farm", "Pecuniary penalty order against Coles is a win for good standards of conduct in commercial dealings", "Court finds Coles engaged in unconscionable conduct and orders Coles pay $10 million penalties", Competition and Consumer Regulations 2010, https://en.wikipedia.org/w/index.php?title=Australian_Consumer_Law&oldid=963015145, All Wikipedia articles written in Australian English, Creative Commons Attribution-ShareAlike License, goods or services that are priced at less than $40,000, or, goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (even if priced greater than $40,000), or. If you think a term in your contract is unfair you can: The ACL governs product safety in Australia. These guidances will assist businesses when regarding whether a good is safe or durable by outlining the relevant elements to consider and providing examples of where goods may or may not be safe or durable.
The term is not reasonably necessary to protect the interests of the business. Whether you work with customers, businesses, provide services or sell goods, you must know how the consumer laws affects your business.
, The ACL is administered and enforced jointly by the Australian Competition and Consumer Commission and the State and Territory consumer protection agencies, with the involvement of Australian Securities and Investment Commission on financial services matters. Where one party (but not the other) is able to decide whether to renew or nor renew the contract. Understand what they are and your obligations to honour them on the ACCC website. Interim bans imposed by the Commonwealth Minister apply nationally. Businesses and consumers should be aware that from 1 November 2019 new Australian Consumer Law gift card provisions will be in place. Under the ACL, there are two ways to warn the public about certain matters: The ACCC can issue an infringement notice where it believes someone has contravened consumer protection provisions, enabling it to deal more efficiently with matters warranting a quick regulatory response. The avoiding unfair business practices guide covers misleading or deceptive conduct, unconscionable conduct, false or misleading representations and related offences, information standards and country of origin representations. Infringement notices provide an opportunity for a person to pay a penalty to resolve a matter with the ACCC.
advising of the risks involved in the use of the consumer goods or the supply of the product related services. This legislation reflects most of the consumer protection provisions of the fair trading legislation in each state and territory. Learn about national, state and territory fair trading laws that apply when you sell a product or service. This is unlawful. We are Australia’s competition regulator and national consumer law champion. A standard form contract is a contract between 2 parties where 1 party prepares the contract giving the other party little or no opportunity to negotiate the terms. a supply or possible supply of goods or services by any person to a corporation (other than a listed public company); or. , The Australian Consumer Law was developed by agreement of the Council of Australian Governments.. Please have your draft documents checked by a local lawyer if you are not based in Australia, It contains provisions against unfair contractual terms, misleading and deceptive conduct, unconscionable conduct and unfair practices, in the fine old Australian tradition of attempting to “Keep the Bastards Honest” (equally as applicable to big corporations and utility providers as it is to politicians…). They have no opportunity to negotiate the terms with the business. This means that the products you supply must be safe and meet consumer guarantees.  It accordingly extends protections relating to business behaviour, product safety and quality to businesses and farms with regard to the areas covered above. The ACCC has the ability to represent multiple consumers and seek orders for redress for those consumers not party to the legal action.
The fines for failing to comply with Australian consumer law requirements can be massive, and while you may think you are safely flying under the radar, it is no excuse to say that you “didn’t know” about these laws when something goes wrong. The Australian Consumer Law sets out consumer rights that are called consumer guarantees. The Commonwealth Minister has the power to impose a permanent ban on a consumer good or product-related service.
This is the law that attempts to make sure that we get a fair deal when we buy something and stops businesses engaging in fraud and other unconscionable practices to gain an unfair advantage over their competitors or take advantage of their customer’s vulnerability or weakness. If you fail to comply with a warranty, consumers have rights against you under the consumer guarantees. The ACL has a broad definition as to who is a "consumer", and it includes anyone who acquires: A person is still defined as a "consumer" if the good was acquired for purposes of re-supply or for the purpose of using or transforming it in trade or commerce. The Commonwealth Minister and the relevant state or territory ministers have the power to impose an interim ban. This empowers the ACCC to deal more efficiently with matters that affect multiple consumers. This warranty doesn’t override or limit consumer guarantees. Australian Consumer Law for fundraising and other activities of charities, not-for-profits and fundraisers [378KB] Avoiding unfair business practices. If you become aware that a product you supplied may have caused a death, serious injury or illness, you are required to submit a mandatory injury report to the Commonwealth Minister within two days of becoming aware of the incident. The Australian Competition and Consumer Commission (ACCC) alongside the state and territory consumer protection agencies jointly administer the ACL. Where one party (but not the other) is able to vary the terms of the contract (for example price). The warranties apply to the product or service you sell to a consumer and can be enforced under contract law and the ACL. The guides are designed to explain the ACL in simple language, but are not a substitute for the legislation. Australian Consumer Law collaboration benefits consumers, Guidance for businesses on the meanings of 'safe' and 'durable' in the consumer guarantees in the Australian Consumer Law, Australian Competition and Consumer Commission, Coronavirus disease (COVID-19) – information for consumers. Under the ACL, only the Commonwealth Minister has the power to make or declare a mandatory safety standard or information standard for a consumer product or product-related service. These can include: The provisions also regulate supplier responsibilities, including: The safety of consumer products and product-related services is regulated through a harmonised, nationally consistent framework. Australia and New Zealand are both members of the OECD Committee on Consumer Policy (CCP). As a small business or sole trader, I totally get that you don’t have the budget for an in-house legal team to assess your marketing and promotional material to ensure none of your advertising could be considered misleading or deceptive. Where a supplier has claimed compliance with a particular standard, for example, a notice may be issued requiring the supplier to provide information and/or produce documents to substantiate this claim. If you supply a service, you must provide it: There is no specific time when the consumer guarantees no longer apply to products. The Australian Consumer Law was developed by agreement of the Council of Australian Governments. Consumer guarantees
This allows consumers to trust the businesses they deal with. Fines & penalties Warranties are voluntary promises you can offer to consumers. The court may order a person, who has contravened certain product safety provisions, to pay a civil pecuniary penalty if it is satisfied that the person contravened or attempted to contravene a product safety related provision of the ACL. The ACL product safety provisions set out how the Australian Government and the state and territory governments can regulate consumer goods and product-related services to address safety hazards.
an acquisition or possible acquisition of goods or services from any person by a corporation (other than a listed public company).
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