Trade Practice Law & Lawyers
Competition law, misleading conduct, and ACCC matters.
On 1 January 2011 the Australian Consumer Law (ACL) commenced.
The ACL covers:
- a new, national unfair contract terms law covering standard form contracts;
- a new, national law guaranteeing consumer rights when buying goods and services, which replaces existing laws on conditions and warranties;
- a new, national product safety law and enforcement system;
- a new, national law for unsolicited consumer agreements, which replaces existing
- State and Territory laws on door-to-door sales and other direct marketing;
- simple national rules for lay-by agreements; and
- new penalties, enforcement powers and consumer redress options, which currently apply nationally.
If you believe you have a legal matter that involves trade practices law, please complete your free legal enquiry form on the right, or click here.
The ACL applies nationally and in all States and Territories, and to all Australian businesses. For transactions that occurred up to 31 December 2010, the previous national, State and Territory consumer laws will continue to apply.
The ACL is a cooperative reform of the Australian Government and the States and Territories, through the Ministerial Council on Consumer Affairs (MCCA).
The Australian Consumer Law (ACL) is set out in Schedule 2 of the Competition and Consumer Act 2010 which is the new name of the Trade Practices Act 1974 (TPA).
The ACL includes:
Chapter 1 – Introduction: a single set of definitions and interpretive provisions about consumer law concepts.
Chapter 2 – General protections: general protections, which create standards of business conduct in the market, including:
- a general ban on misleading and deceptive conduct in trade or commerce;
- a general ban on unconscionable conduct in trade or commerce and specific bans on -unconscionable conduct in consumer and some business transactions; and
- a provision that makes unfair contract terms in consumer contracts void.
If you believe you have been treated unfairly and would like legal representation, complete your free legal enquiry form on the right, or click here.
Chapter 3 – Specific protections: specific protections which address identified forms of business conduct, including provisions:
- banning specific unfair practices in trade or commerce;
- dealing with consumer transactions for goods or services;
- on the safety of consumer goods and product related services;
- on the making and enforcement of information standards; and
- on the liability of manufacturers for goods with safety defects.
Chapter 4 – Offences: criminal offences relating to certain matters covered in Chapter 3.
Chapter 5 – Enforcement and remedies: national enforcement powers and remedies relating to consumer law.
As referred to above, the ACL is administered and enforced jointly by the ACCC and the State and Territory consumer protection agencies, with the involvement of ASIC on relevant matters.
The consumer protection law that is currently in force is designed to protect you when you enter into a contract to buy any goods or services from a supplier. Consumer protection law is also there to help you fight any scams that some criminals use such as selling counterfeit goods online. It is important to be aware of your basic rights when buying any goods or services either from a physical shop, or via the Internet.
If you believe you have been treated unfairly and would like legal representation, complete your free legal enquiry form on the right, or click here.
If you feel that your rights have been compromised, consumer protection law gives you the right to complain to the company that sold you the goods or services you bought. In some instances, using a trade practices lawyer to make the complaint on your behalf can be more effective than making the complaint yourself.
A consumer protection law lawyer will be able to advise you about your particular case.
After you have made your initial complaint you should receive a response from the business that sold you the goods or services you purchased. If their response is not satisfactory, you can take your case to a court for a judgement.
If you believe you have been treated unfairly and would like legal representation, complete your free legal enquiry form on the right, or click here.
The court will look at all the elements of the case and decide on a course of action. If you intend to take your case to court, the services of a lawyer are absolutely essential. Try and contact a qualified lawyer as early in your case as you can. This will give your case the maximum chance of a successful outcome.
If you would like to obtain legal representation in relation to a consumer protection law matter, complete your free legal enquiry form on the right, or click here.
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News, Updates & Further information - Trade Practice Law & Lawyers
From 1 January 2011, Australia will have one national law for fair trading and consumer protection—the Australian Consumer Law (ACL).
Guides to the Australian Consumer Law:
On 24 September 2010, Australia’s consumer protection agencies invited businesses and consumers to comment on draft guides and regulations for the new Australian Consumer Law (ACL).
The aims of the guides are to:
- assist businesses in understanding their legal obligations under the ACL in the -course of trading and therefore minimise the risk that they will contravene the ACL
- provide information about practices which are governed by the ACL
- explain the ACL as simply as possible, using plain English
- identify types of conduct which, in the agencies’ view, may contravene the ACL.
The draft guides cover:
(1) General law: covering misleading or deceptive conduct, unconscionable conduct, false or misleading representations and related offences, information standards and country of origin representations.
(2) Consumer guarantees: covering what consumer guarantees apply to goods and services, who is responsible for these guarantees and when remedies, such as refund repair and replacement are available.
(3) Product Safety: covering the new national product safety regime.
(4) Sales Practices: covering unsolicited supplies, unsolicited consumer agreements, pyramid schemes, multiple pricing, lay-by agreements, referral selling and harassment and coercion.
For transactions that occurred up to 31 December 2010, the fair trading and consumer protection provisions of the Trade Practices Act 1974 will continue to apply.
There are other national laws that will continue to apply in certain sectors, namely:
- the Australian Securities and Investments Act 2001 and the Corporations Act 2001 , which apply to financial products and services, including banking services, credit, insurance and superannuation;
- the National Credit Code , which applies to consumer credit — for information about the National Credit Code, see the Treasury’s consumer credit website ;
- consumer laws relating to telecommunications and media services
- laws relating to therapeutic products ;
- laws relating to food standards ;
- laws relating to trade measurement .
Consumer Laws — New South Wales
The ACL replaced the following fair trading and consumer protection laws in NSW:
Fair Trading Act 1987 (NSW)
Trade Practices Act 1974 (Cth): Parts IVA, V, VA and VC
There are other laws that will continue to apply to consumer transactions after 1 January 2011. Further information can be obtained from the NSW Legislation website
Consumer Laws — Queensland
For information about consumer laws and their enforcement in Queensland, you can visit the Office of Fair Trading , which is part of the Department of Employment, Economic Development and Innovation .
The ACL replaced the following fair trading and consumer protection laws in QLD:
Fair Trading Act 1989 (Qld) [PDF 689KB]
Trade Practices Act 1974 (Cth): Parts IVA, V, VA and VC
There are other laws that will continue to apply to consumer transactions after 1 January 2011. Further information can be obtained from the Office of the Queensland Parliamentary Counsel website .
Consumer Laws — Australian Capital Territory
For information about consumer laws and their enforcement in the ACT, you can visit the Office of Regulatory Services
The ACL replaced the following fair trading and consumer protection laws in the ACT:
Fair Trading Act 1992 (ACT)
Fair Trading (Consumer Affairs) Act 1973 (ACT)
Door-to-Door Trading Act 1991 (ACT)
Lay-by Sales Agreements Act 1963 (ACT)
Trade Practices Act 1974 (Cth): Parts IVA, V, VA and VC
There are other laws that will continue to apply to consumer transactions after 1 January 2011. Further information can be obtained from the ACT Legislation Register .
Consumer Laws — Northern Territory
For information about consumer laws and their enforcement in the NT, you can visit NT Consumer Affairs .
The ACL replaced the following fair trading and consumer protection laws in NT:
Consumer Affairs and Fair Trading Act 1990 (NT)
Trade Practices Act 1974 (Cth): Parts IVA, V, VA and VC
There are other laws that will continue to apply to consumer transactions after 1 January 2011. Further information can be obtained from the Northern Territory Legislation Database .
Consumer Laws — South Australia
For information about consumer laws and their enforcement in the ACT, you can visit the Office of Consumer and Business Affairs .
The ACL replaced the following fair trading and consumer protection laws in South Australia:
Fair Trading Act 1987 (SA)
Consumer Transactions Act 1972 (SA)
Manufacturers Warranties Act 1974 (SA)
Trade Practices Act 1974 (Cth): Parts IVA, V, VA and VC
There are laws that will continue to apply to consumer transactions after 1 January 2011. Further information can be obtained from the South Australian Legislation website .
Consumer Laws — Tasmania
For information about consumer laws and their enforcement in Tasmania, you can visit Tasmanian Consumer Affairs and Fair Trading .
The ACL replaced the following fair trading and consumer protection laws in Tasmania:
Fair Trading Act 1990 (Tas)
Fair Trading (Reinstatement of Regulations Act 2008 (Tas)
Door to Door Trading Act 1986 (Tas)
Trade Practices Act 1974 (Cth): Parts IVA, V, VA and VC
Goods (Trade Descriptions) Act 1971 (Tas)
Sale of Hazardous Goods Act 1977 (Tas)
Unordered Goods and Services Act 1973 (Tas)
There are other laws that will continue to apply to consumer transactions after 1 January 2011. Further information can be obtained from the Tasmanian Legislation wesbite .
Consumer Laws — Victoria
For information about consumer laws and their enforcement in Victoria, you can visit Consumer Affairs Victoria .
The ACL replaced the following fair trading and consumer protection laws in Victoria:
Fair Trading Act 1999 (Vic) [PDF 257KB]
Trade Practices Act 1974 (Cth): Parts IVA, V, VA and VC
Further information can be obtained from Consumer Affairs Victoria .
Consumer Laws — Western Australia
For information about consumer laws and their enforcement in WA, you can visit the Department of Commerce (Consumer Protection) .
The ACL replaced the following fair trading and consumer protection laws in WA:
Fair Trading Act 1987 (WA)
Consumer Affairs Act 1971 (WA)
Door to Door Trading Act 1987 (WA)
Trade Practices Act 1974 (Cth): Parts IVA, V, VA and VC
There are other laws that will continue to apply to consumer transactions after 1 January 2011. Further information can be obtained from the Western Australian Legislation website
What is the Australian Consumer Law?
The Australian Consumer Law (ACL) is a single, national consumer law. The ACL will replace provisions in 20 national, State and Territory consumer laws.
What does the Australian Consumer Law cover?
The ACL includes:
a new national unfair contract terms law covering standard form contracts;
a new national law guaranteeing consumer rights when buying goods and services, which replaces existing laws on conditions and warranties;
a new national product safety law and enforcement system;
a new national law for unsolicited consumer agreements, which replaces existing State and Territory laws on door-to-door sales and other direct marketing;
simple national rules for lay-by agreements; and
new penalties, enforcement powers and consumer redress.
Who does the Australian Consumer Law apply to?
The ACL will apply nationally and in all States and Territories, and to all Australian businesses.
When does the Australian Consumer Law commence?
The ACL is to commence on 1 January 2011. Before then, State and Territory consumer laws will continue to apply.
The unfair contract terms provisions in the ACL have applied nationally and in Victoria and New South Wales since 1 July 2010.
The new penalties, enforcement powers and consumer redress options under the ACL are also currently in force nationally.
Who will enforce the Australian Consumer Law?
The ACL will be enforced and administered by the Australian Competition and Consumer Commission (ACCC), each State and Territory’s consumer agency, and, in respect of financial services, the Australian Securities and Investments Commission (ASIC).
What are the benefits for consumers?
One law
The ACL will replace 20 existing State, Territory and Commonwealth laws with one law.
At present the law that applies to a consumer transaction differs across each State and Territory of Australia.
The ACL will make it easier for consumers to understand and enforce their rights because they will be the same across Australia.
Easy to understand
The ACL provides consumers with a law that is easy to understand.
The ACL is simpler and clearer than the equivalent provisions of the Trade Practices Act and the State and Territory Fair Trading Acts.
Complex legal terms have been replaced with terms that consumers can understand.
Better enforcement
Consumers will benefit from better enforcement of the ACL.
A single law will be uniformly enforced across Australia. A memorandum of understanding between regulators will ensure that this is the case.
Courts and Tribunals across Australia will apply the same law to consumer disputes, allowing for cheaper and clearer avenues of redress.
Uniform enforcement powers will be available to all consumer agencies across Australia.
Clear rights
Consumers will benefit from clear rights under the ACL.
Consumers will have the same rights under the ACL across Australia, no matter where they live, where they buy goods or services or where a supplier is located.
What are the benefits for businesses?
One law
Businesses will benefit from one law applying to consumer transactions across Australia.
Businesses that trade in more than one State or Territory will only have to comply with one law.
Regulatory complexity is often a deterrent for businesses when they consider expanding. The ACL will remove a barrier to interstate expansion of businesses.
Easy to understand
The ACL will provides businesses with a law that is easy to understand.
Updated terminology, when compared to the archaic provisions in existing laws, can be more easily understood by businesses.
A law that is easy to understand will result in fewer disputes, as businesses and consumers can have a common understanding of the ACL.
Better enforcement
Businesses will benefit from better enforcement of the ACL.
Even when State and Territory laws are similar, differences in enforcement approaches can lead to additional compliance costs for businesses.
Improved co-operation between consumer agencies applying the ACL will give businesses comfort that it will be applied consistently across Australia.
Clear obligations
Business will benefit from clear obligations under the ACL.
The existing law imposes different obligations on businesses depending upon where in Australia a particular business, or a particular part of a business is located.
The ACL will impose the same obligations on businesses across Australia, making compliance easier for businesses that trade in more than one jurisdiction.
If you need legal advice regarding Trade Practice Law, then please complete your free legal enquiry form on the right, and we will put you in touch with a Trade Practice Law lawyer nearest you, who can help you with Trade Practice Law.
Our free legal enquiry service for Trade Practice Law extends to all suburbs and locations Australia wide.
All States and Territories have adopted the Commonwealth Australian Consumer Law and have amended their individual Fair Trading Acts commencing on 1 January 2011.
As a result, the Trade Practices Law – Competition and Consumer Law service has been updated to include all the revised/new State and Territory Fair Trading Acts:
- Fair Trading (Australian Consumer Law) Act 1992 (ACT)
- Fair Trading Act 1987 (NSW)
- Consumer Affairs and Fair Trading Act 1990 (NT)
- Fair Trading Act 1989 (Qld)
- Fair Trading Act 1987 (SA)
- Australian Consumer Law (Tasmania) Act 2010
- Fair Trading Act 1999 (Vic)
- Fair Trading Act 2010 (WA)
Fair trading laws
According to fair trading laws in Australia, there are various rights and responsibilites with respect to both customers and suppliers.
Competition and Consumer Act
The main federal law, the Competition and Consumer Act 2010 (CCA) ensures that trading is fair for your business and your customers.
The Competition and Consumer Act 2010 (CCA) covers most aspects of the marketplace:
- dealings with suppliers,
- wholesalers,
- retailers,
- competitors and customers.
It deals with:
- unfair market practices,
- industry codes of practice,
- mergers and acquisitions of companies,
- product safety,
- collective bargaining,
- product labelling,
- price monitoring, and
- the regulation of industries such as telecommunications, gas, electricity and airports.
The Australian Competition and Consumer Commission (ACCC) administers the Competition and Consumer Act 2010 (CCA). It promotes good business practices for a fair and efficient marketplace.
If you think you've been unfairly treated by a supplier or customer, or your unsure as to how fair trading laws apply to your situation, then please complete your free legal enquiry form on the right, or click here, to seek legal help from a lawyer.
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