BLAW10001 Study Guide - Final Guide: Dangerous Goods, Consumer Protection, Small Business
BLAW CH 7/11 – AUSTRALIAN CONSUMER LAW
NEED TO REGULATE CONSUMER CONTRACTS:
• Consumers are disadvantaged with supplies of goods & services because:
o They have less negotiating power
o Less well organised
o Lack information about goods & services
o Dot ko uh aout the la
AUSTRALIA’S CONSUMER LAW PROTECTION:
• In 2011 ACL was enacted as a single, uniform consumer protection law in Australia
• Many provisions in ACL were in effect in territories & states before 2011
• ACL protects consumers by guaranteeing basic quality of goods & services
ENFORCEMENT OF ACL:
• Enforced by private actions brought against suppliers by consumers
o Consumer can ask for:
▪ Injunction
▪ Damages
▪ Compensation
▪ Void a contract
• Enforced by imposition of monetary penalties/fines
o Can only be sought by Australian Competition and Consumer Commission (ACCC)
REGULATION OF CONSUMER CONTRACTS BY ACL:
• ACL deals with:
1. Misleading conduct
2. Unconscionable conduct
3. Unfair terms in contracts
4. Unfair business practices
5. Guarantees in consumer contracts
6. Unsolicited consumer agreements
7. Safety standards
1. PROTECTION AGAINST MISLEADING CONDUCT
SECTION 18:
A person must not, in trade or commerce, engage in conduct
that is misleading/deceptive or is likely to islead/deeie
• Misleading conduct can be: doing/not doing something,
making/failing to make something
• Word persos eas oth atural & orporatios
• Misleadig odut eas to lead a part ho its
directed to into error
o SEE: McWillia’s Wies; ACCC v TPG; ACCC v
Coles
• Not relevant to prove conduct was intentional/negligent
o SEE: Yorke v Lucas
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Document Summary
Need to regulate consumer contracts: consumers are disadvantaged with supplies of goods & services because, they have less negotiating power, less well organised, lack information about goods & services, do(cid:374)(cid:859)t k(cid:374)o(cid:449) (cid:373)u(cid:272)h a(cid:271)out the la(cid:449) Australia"s consumer law protection: many provisions in acl were in effect in territories & states before 2011, acl protects consumers by guaranteeing basic quality of goods & services. In 2011 acl was enacted as a single, uniform consumer protection law in australia. Enforcement of acl: enforced by private actions brought against suppliers by consumers, consumer can ask for: Injunction: damages, compensation, void a contract, enforced by imposition of monetary penalties/fines, can only be sought by australian competition and consumer commission (accc) Regulation of consumer contracts by acl: acl deals with, misleading conduct, unconscionable conduct, unfair terms in contracts, unfair business practices, guarantees in consumer contracts, unsolicited consumer agreements, safety standards. Coles: not relevant to prove conduct was intentional/negligent, see: yorke v lucas.
