australian consumer law

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      The Australian Consumer Law (ACL), being Schedule 2 to the Competition and Consumer Act 2010, is uniform legislation for consumer protection, applying as a law of the Commonwealth of Australia and is incorporated into the law of each of Australia's states and territories. The law commenced on 1 January 2011, replacing 20 different consumer laws across the Commonwealth and the states and territories, although certain other Acts continue to be in force.


      History


      The Australian Consumer Law was developed by agreement of the Council of Australian Governments.
      The Competition and Consumer Act 2010 (referred to as Australian Consumer Law) was enacted into legislation by the Parliament of Australia to provide a more robust framework of protection for consumer transactions within Australia. Historically the States and Territories of Australia were responsible for their own legislation protecting the sale of goods, known as the Trade Practices Act 1974, where the Australian Consumer Law expands on provisions of the fair trading legislation in each state and territory to a national legislation covering the provision of goods and services, of a consumer based nature, within Australia.


      Scope


      The ACL has a broad definition as to who is a "consumer", and it includes anyone who acquires:

      goods or services that are priced at less than $100,000, or
      goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption (even if priced greater than $100,000), or
      a vehicle or trailer for use principally in the transport of goods on public roads.
      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. It accordingly extends protections relating to business behaviour, product safety and quality to businesses and farms with regard to the areas covered above.
      Certain provisions possess different scope in their application:

      Unfair terms are void, where they appear in standard form contracts signed with individuals "whose acquisition of the goods, services or interest is wholly or predominantly for personal, domestic or household use or consumption."
      All persons are prohibited from engaging in unconscionable conduct (beyond unfair terms in standard form consumer contracts) when dealing with persons (other than public listed companies) in the course of trade and commerce.
      These provisions are vigorously enforced. In December 2014, the Federal Court of Australia, on the application of the ACCC, issued a $10 million pecuniary penalty order against Coles Supermarkets in relation to two connected proceedings arising from payment demands by Coles to which it was not entitled by threatening harm to the suppliers that did not comply with such demands. In December 2021, the Federal Court found that the ACL prohibits class action waivers.


      Administration


      The ACL is administered and enforced jointly by the Australian Competition & Consumer Commission and the State and Territory consumer protection agencies, with the involvement of Australian Securities & Investments Commission on financial services matters.
      The following matters are regulated federally, by virtue of the corporations power:

      the conduct of corporations;
      a supply or possible supply of goods or services by any person to a corporation (other than a listed public company); or
      an acquisition or possible acquisition of goods or services from any person by a corporation (other than a listed public company).
      Federal jurisdiction also extends to conduct outside Australia by bodies corporate incorporated or carrying on business in Australia, Australian citizens, and persons ordinarily resident in Australia.
      All other matters subject to the ACL are handled by the States.
      Implementing identical consumer protection laws at Commonwealth and state/territory levels promotes consistency between jurisdictions. It will also make it easier for the Federal Parliament to amend the provisions which will then be reflected in the laws of the states and territories without the parliaments of each jurisdiction needing to debate and enact the amendments separately, although the states and territories reserve the right not to implement any amendments within their own jurisdiction.


      List of implementing Acts




      References




      External links


      "The Australian Consumer Law". consumerlaw.gov.au. Retrieved 27 May 2020.
      Competition and Consumer Regulations 2010 (Cth) - Parts 6 and 7 deal specifically with matters in the ACL

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    The Australian Consumer Law

    The Australian Consumer Law (ACL) includes: a national unfair contract terms law covering standard form consumer and small business contracts; a national law guaranteeing consumer rights when buying goods and services; a national product safety law and enforcement system;

    Legislation | Consumer Law

    The full text of the Australian Consumer Law (ACL) is set out in Schedule 2 of the Competition and Consumer Act 2010 (previously known as the Trade Practices Act 1974 (TPA)). The ACCC website provides extensive advice on how the provisions of the ACL apply in practice for both consumers and businesses .

    Home | Consumer Law

    Find out about your rights as a consumer and how the Australian Consumer Law can offer you protection as a consumer. Are you a business? Find out what standards are covered in the Australian Consumer Law and what you need to do as a business to uphold those standards.

    The Australian Consumer Law

    The Australian Consumer Law – A framework overview v FOREWORD The Australian Consumer Law (ACL) is a key part of the deregulatory reforms of the Council of Australian Governments (COAG) to deliver a seamless national economy. The ACL replaced provisions spread across at least 20 Commonwealth, state and territory consumer laws with one law.

    Resources and guides | Consumer Law

    The ACL covers general standards of business conduct, prohibits unfair trading practices, regulates specific types of business-to-consumer transactions, provides basic consumer guarantees for goods and services , and regulates the safety of consumer products and product-related services.

    Contact | Consumer Law

    Do you want to make a complaint or ask a question about your rights as a consumer? If you: have a question about your consumer rights; want to know how a business should behave under the law; or; would like to make a complaint about a business; then you can contact your state or territory’s consumer protection agency: ACT; Victoria; New South ...

    Changes to the Australian Consumer Law

    The Australian Consumer Law (ACL) was reviewed in 2017 to improve consumer wellbeing and ensure the ACL continues to adapt to evolving markets. The Consumer Affairs Forum (CAF) considered the ACL Review Final Report in August 2017 .

    Consumers and the ACL | Consumer Law

    What are my rights as a consumer? The ACL offers consumer protections in the areas of: unfair contract terms, covering standard form consumer contracts; consumer rights when buying goods and services; product safety; unsolicited consumer agreements covering door-to-door sales and telephone sales; lay-by agreements

    Western Australia | Consumer Law

    We enforce the Australian Consumer Law in Western Australia. We can: deal with complaints about a business; provide information on your shopping rights; act on scam reports; We can also help you resolve disputes about: building and renovating; buying and selling property; goods and services; motor vehicles; product safety; renting; retirement ...

    Review of the Australian Consumer Law

    Introducing the Australian Consumer Law was a historic and far reaching national reform that created a national consumer policy framework with a uniform federal, state and territory consumer protection law that is jointly enforced by national, state and territory regulators.