Fair trading amendment australian consumer law act 2010 no 107. Schedule 2the australian consumer law consumer, building and. The uctl does not define what a standard form contract consists of. Consumer matters federal circuit court of australia. Any future amendments to the australian consumer law will need separate amendments to the fair trading act 2010 wa to apply as a law in western australia. Under the acl, australian consumers and businesses have the same rights and obligations wherever they are in australia. It has now been in operation for two years, so we are developing a better understanding of how its provisions work in practice. An act relating to competition, fair trading and consumer protection, and for other purposes. Fair trading amendment australian consumer law act 2010. Australian consumer law northern territory consumer affairs. Australias consumer protection agencies have developed guides link to for businesses acl guides for the new law to help businesses understand their legal obligations.
The australian consumer law acl a single generic consumer protection law that applies across australia commenced on 1 january 2011. Note all further references to legislation refer to the australian consumer law part 23 of schedule 2 of the competition and consumer act 2010 unless otherwise stated. The full text of the acl is set out in schedule 2 to the competition and consumer act 2010 cca. Australian consumer law resources consumer affairs victoria. Australian consumer law sch 2, competition and consumer act 2010 cth section 4. The law commenced on 1 january 2011, replacing 20 different consumer laws across the commonwealth and the states and. Australian consumer law laws70380 the university of. Competition and consumer act 2010 sect 9a terms excluding consumer guarantees from supplies of recreational services 1 a term of a contract for the supply of recreational services to a consumer by a person is not void under section 64 of the australian consumer law only because the term excludes, restricts or modifies, or has the effect of excluding, restricting or modifying. Implementation of the australian consumer law page 2 the acl replaced approximately 900 substantive provisions of at least 20 national, state and territory acts. This guide has been updated to reflect that knowledge. The notes at the end of this compilation the endnotes include information. This overview of the acl has been prepared as a practical aid to understanding the acl. The australian consumer law acl which is contained in schedule 2 of the.
The prohibition against misleading or deceptive conduct. It will introduce a single, national consumer law that will apply consistently in all australian jurisdictions. Application of the australian consumer law in relation to corporations etc. The australian consumer law affects your business if you. Consumer law as set out in schedule 2 of the commonwealths competition and consumer act 2010 as a law of western australia. The australian consumer law schedule 2 of the cca misleading or deceptive conduct, unconscionable conduct, unfair practices, conditions and warranties, product safety and information, liability of manufacturers for goods with safety defects offences, country of origin representations. Competition and consumer act 2010 sect 1 application of. The australian consumer law is contained in schedule 2 of the competition and consumer act 2010. Code means the australian finance industry association car rental code of practice. The australian consumer laws 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 australias states and territories. Acquiring goods as a consumer 1 a person is taken to have acquired particular goods as a consumer if, and only if. Section 4 misleading representations with respect to future matters.
For a comprehensive explanation of the acl, please refer to the explanatory memorandum and supplementary explanatory memorandum for the. An introduction, which explains the general outline and context of the acl. Each state and territory has enacted legislation to apply the acl as a law of its jurisdiction. The acl appears in schedule 2 chapter 1 of the competition and consumer act 2010 formerly. The acl is contained in a schedule to the competition and consumer act 2010 cca. National, state and territory consumer protection agencies have developed guidance on the application of the australian consumer law to the fundraising and other activities of charities, notforprofits and fundraisers. General guidance about the acl and its provisions can be found below and in the australian consumer law. The acl to be enforced by all australian courts and tribunals, including the courts and tribunals of the states and territories. Fair trading amendment australian consumer law act 2010 no 107 schedule 1 amendment of fair trading act 1987 no 68 page 6 2 an investigator may apply to an authorised officer for the issue of a search warrant if the investigator believes on reasonable grounds that. An introduction to the australian consumer law treasury.
Australian consumer law sch 2, competition and consumer act 2010 cth. Penalties unconscionable conduct consumer affairs victoria. Part iva unconscionable conduct part v consumer protection part va liability of manufacturers and importers for defective goods part vc offences reenacted the consumer protection provisions in schedule 2 of the cca the australian consumer law. Competition and consumer act 2010 cth schedule 2 ss 5152 a similar provision exists in the sale of goods act 1895 sa s 12 manufacturers warranties.
Part xiapplication of the australian consumer law as a law of the commonwealth. Pty limited abn 15 000 165 855 trading as avis australia or, where applicable, an independent avis rent a car system licensee or agent. The australian consumer law is the largest overhaul of australias consumer laws in 25 years. Chairperson has the same meaning as in subsection 41. Primary legislation is the australian consumer law acl, found in schedule 2 of the competition and consumer act 2010 cth, equivalent provisions in the australian securities and investments commission act 2001 cth asic act applying to financial services and products, and, for consumer credit, the national consumer credit protection act. The australian consumer law schedule 2 schedule 2the australian consumer law note. The trade practices amendment australian consumer law act no. The full text of the australian consumer law acl is set out in schedule 2 of. Through the acl all consumers in australia have the same rights and all businesses have the same obligations, irrespective of the state or territory in which they engage in transactions. On 1 january 2011, australia introduced one national law for fair trading and consumer protectionthe australian consumer law acl. Product safety in australia is governed by the australian consumer law acl. The australian consumer law a guide to provisions vii the role of this guide this guide to the provisions of the australian consumer law acl is a companion to the australian consumer law. Consumer credit matters under the national consumer credit protection act 2009 with provision for access to small claims procedures in relation to. Competition and consumer act 2010 schedule 2 table of contents the australian consumer law 1 application of this schedule 2 definitions 3 meaning of consumer 4 misleading representations with respect to future matters 5 when donations are treated as supplies or acquisitions 6 related bodies corporate 7 meaning of manufacturer 8 goods affixed to land or premises.
Division 2application of the australian consumer law as a law of the commonwealth division 3conferences for proposed bans and recall notices. Today, i will talk about the development of the australian consumer law, explain what the law will include and how it is being implemented. This is a compilation of the competition and consumer act 2010 that shows the text of the law as amended and in force on 1 january 2015 the compilation date. Schedule 2 to the competition and consumer act 2010 cth. Division 2 application of the australian consumer law as a law of the commonwealth division 3conferences for proposed bans and recall notices. 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. Part xi application of the australian consumer law as a law of the commonwealth, and. Section of the competition and consumer act schedule 2 australian consumer law you must not, in trade or commerce, engage in conduct that is unconscionable within the meaning of the unwritten law. The full text of the competition and consumer act may be found at law. This act has replaced the trade practices act 1974 tpa. The australian consumer law is in schedule 2 of this act. Competition and consumer act 2010 sect definitions.
This booklet breaks down the australian consumer law by chapter and section to explain what provisions actually mean. About this compilation this compilation this is a compilation of the competition and consumer act 2010 that shows the text of the law as amended and in force on 1 january 2015 the compilation date. Competition and consumer act 2010 federal register of legislation. Competition and consumer act 2010 schedule 2 table of contents. Competition and consumer act 2010 state library of nsw.
Competition and consumer act 2010 sect 1 application of the australian consumer law in relation to corporations etc. Pdf 217kb signed by the council of australian governments underpins the establishment of the acl. Introducing the australian consumer law was a historic and farreaching national reform that created a national consumer policy framework with a uniform federal, state and territory consumer. Regulations relevant to the commonwealths australian consumer.
Nov 27, 2009 the australian consumer law is the largest overhaul of australias consumer laws in 25 years. Australian consumer law means schedule 2 to the competition and consumer act 2010. Unfair contract terms pdf, 492kb avoiding unfair business practices pdf, 493kb compliance and enforcement. It is unusual for a consumer to purchase goods direct from a manufacturer as most goods are purchased from a retailer. The australian consumer law contained in a schedule to the competition and consumer act 2010 creates a basic set of guarantees for consumers who acquire goods and services from australian suppliers, importers or manufacturers. There are six guides to the australian consumer law acl, developed by australias consumer protection agencies to help businesses understand their responsibilities under the law. Competition and consumer act 2010, schedule 2, the australian.
Relevant provisions can also be found in state and territory fair trading legislation. Trade practices amendment australian consumer law act no. Competition and consumer act 2010 schedule 2 the australian. Australian consumer law resources department of mines. Competition and consumer act 2010 sect 9a terms excluding. Oct 07, 2014 australian consumer law part 23, section 233. Competition and consumer act 2010 schedule 2 australian consumer law newsletters.
Section of the competition and consumer act schedule 2 australian consumer law you must not, in trade or commerce, engage in conduct that is unconscionable within the. Competition and consumer act 2010 schedule 2 table of contents the australian consumer law 1 application of this schedule 2 definitions 3 meaning of consumer 4 misleading representations with respect to future matters 5 when donations are treated as supplies or acquisitions 6 related bodies corporate 7 meaning of manufacturer. Acl regulations trade practices amendment australian consumer law amendment. View full act federal registrar of legislation official view full act austlii view full act jade links to specific provisions are being added progressively. The australian consumer law schedule 2 schedule 2 the australian consumer law note. Australian consumer law resources for business including guides.
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