BLAW10001 Chapter Notes - Chapter 10: Australian Consumer Law, Consumer Protection
15 May 2018
School
Department
Course
Professor
Principles of Business Law
• Tutorial 10
• Week 9
• Statutory action against unethical conduct
• The regulation of consumer transactions
• The need for consumer protection laws
• Consumers who enter into agreements for goods and services find themselves at a
disadvantage partly because contract law is based on the principle of freedom of
contract, and the expectation that the contracting aprties of the contract will
negotiate effectively in their own best interest
• Suppliers of goods and services often much better organised than individual
consumers, in a position to dictate terms
o Can exclude liability for poor quality goods or services
• Australian Consumer Law
• Taken over from previous legislation
• C 1
o Application provisions and list of definitions
• C 2
o General protections
• C 3
o Specific protections
• C 4
o Enforcement provisions
• C 5
o Further means of enforcement
• States entered into an Intergovernmental agreement binding themselves to apply
the ACL as a law of their state or territory
• ACCC responsible for administering the ACL
• Consumer is a person who acquires goods
o If price of goods (or services) of any kind is less than or equal to $40,000, the
purchaser is taken to have acquired those goods or services as a consumer
o If price exceeds $40,000, purchaser is only taken to be a consumer if the
goods are of a kind ordinarily acqruied for personal, domestic or household
use or consumption
• Purpose
o A person is not taken to have acquired goods as a consumer, regardless of
the price paid, if the goods are acquired for the purposes of re-supply or to
be used up or transformed in commercial production
• Private remedies available for the contravention of the ACL
o Injunctions
o Damages
o Compensation orders
o Non-punitive orders
o Other orders
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