Table of Contents
Is the ACL part of the Competition and Consumer Act?
State, territory and federal regulators including the Australian Competition and Consumer Commission (ACCC) enforce the ACL. Only the ACCC enforces the competition law, which is set out in the CCA.
What is Section 18 of the ACL?
The ACL Section 18(1) provides that “A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.”
What is the Australian competition and consumer Commission’s primary responsibility in relation to the ACL?
The ACCC’s primary responsibility is to ensure that individuals and businesses comply with Australian competition, fair trading, and consumer protection laws administered under the Competition and Consumer Act 2010.
How do you reference the ACL?
You can cite the ACL as Competition and Consumer Act 2010 (Cth) sch 2 (‘Australian Consumer Law’).
What does the Australian Consumer Law ACL cover?
The Australian Consumer Law sets out consumer rights that are called consumer guarantees. These include your rights to a repair, replacement or refund as well as compensation for damages and loss and being able to cancel a faulty service.
What is Schedule 2 of the Competition and Consumer Act 2010?
Main sections of the CCA 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.
Why is Section 18 of the ACL important?
Section 18 of Australian Consumer Law provides that a person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. The objective of section 18 is to act as a catchall provision that can apply to objectionable conduct.
What does the ACL apply to?
The ACL is a national law to protect consumers. The Australian Competition and Consumer Commission (ACCC) alongside the state and territory consumer protection agencies jointly administer the ACL. ACL applies to anyone conducting business in Australia, this can include businesses that are overseas.
What is a consumer contract ACL?
The ACL and the ASIC Act define ‘consumer contract’ as a contract for the supply of goods or services, or the sale or grant of an interest in land, to an individual for personal, domestic or household use or consumption. A court can declare a term of a standard form consumer contract to be unfair.
Who does the ACL apply to?
What is a consumer under ACL?
The definition of ‘consumer’ under the ACL currently captures any person who acquires goods or services for an amount not exceeding $40,000 (or where the goods were acquired for personal, domestic or household use).
What is the difference between s18 and s29 ACL?
Section 18 of the ACL prohibits a person from engaging in conduct in trade or commerce that is misleading or deceptive or is likely to mislead or deceive, while section 29 of the ACL prohibits the making of a range of specific false or misleading representations about goods and services in connection with the supply or …
What are the three conditions for unfair contract terms?
All three conditions (i.e. ‘significant imbalance’, ‘not reasonably necessary’ and ’cause detriment’) must be met before a court will decide a term is unfair.
Does the ACL only apply to consumers?
Certain parts of the ACL apply only to “consumer goods”. Most notably, the product safety provisions of the ACL (Part 3-3) and related offences (Part 4-3) apply only to “consumer goods” rather than products generally.
What are the three conditions under the ACL that consider the term of a consumer contract to be unfair?
It must take into consideration: • the extent to which the term is transparent; and • the contract as a whole. A lack of transparency in a term of a standard form consumer contract may cause a significant imbalance in the parties’ rights and obligations.
What is the s 29 of the ACL?
Section 29 of the ACL sets out the types of claims or statements that may be false or misleading. Real case study: The Federal Court found that a car manufacturer made false or misleading claims in advertisements for one of its vehicles.
What is a consumer contract under the ACL?
Under the ACL, a ‘consumer contract’ is a. contract for: • the supply of goods or services or. • the sale or grant of an interest in land. to an individual who acquires it wholly or predominantly for personal, domestic or household use or consumption.
Can you contract out of ACL?
Parties cannot “contract out” of the application of the ACL That is, parties to a contract could not exclude the TPA from applying, or prohibit a claim from being made under the TPA. This has often been understood also to mean that the provisions of the TPA must be given full effect.
Can a business be a consumer under ACL?
Currently, a person or business is considered a ‘consumer’ under the ACL if they purchase goods or services that: are ordinarily acquired for domestic, household or personal use or consumption; or. cost up to $40,000 (regardless of the type or purpose of the goods or services).
Where can I find the Australian Consumer Law form Schedule 2?
Note: the Australian Consumer Law forms Schedule 2 of the Competition and Consumer Act 2010 . The full text of the Competition and Consumer Act may be found at www.comlaw.gov.au
Where is the full text of the Australian Consumer Law?
The Australian 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)).
What is Section 21 of the consumer law in Australia?
Australian Consumer Law (Sch 2, Competition and Consumer Act 2010 (Cth)) Section 21 Unconscionable conduct in connection with goods or services
What does Commission mean in the competition and Consumer Act?
“Commission” has the same meaning as in section 4 (1) of the Competition and Consumer Act. “Commonwealth mandatory standard” , in relation to goods, means a mandatory standard in respect of the goods imposed by a law of the Commonwealth. “Commonwealth Minister” means the Minister who administers Part XI of the Competition and Consumer Act.