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Legislation | Australian Consumer Law

 

Overview

The Australian Consumer Law is contained in Schedule 2 of the Competition and Consumer Act 2010

Links to specific provisions are being added progressively.

 

Provisions: Schedule 2 - The Australian Consumer Law

Chapter 1 Introduction

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

9 Meaning of safety defect in relation to goods

10 Asserting a right to payment

11 References to acquisition, supply and re-supply

12 Application of Schedule in relation to leases and licences of land and buildings

13 Loss or damage to include injury

14 Meaning of continuing credit contract

15 Contraventions of this Schedule

16 Severability

17 References to provisions in this Schedule

Chapter 2 General protections

Chapter 3 Specific protections

Part 3-1 - Unfair practices

Division 1 False or misleading representations etc.

29 False or misleading representations about goods or services

30 False or misleading representations about sale etc. of land

31 Misleading conduct relating to employment

32 Offering rebates, gifts, prizes etc.

33 Misleading conduct as to the nature etc. of goods

34 Misleading conduct as to the nature etc. of services

35 Bait advertising

36 Wrongly accepting payment

37 Misleading representations about certain business activities

38 Application of provisions of this Division to information providers

Division 2 - Unsolicited supplies

39 Unsolicited cards etc.

40 Assertion of right to payment for unsolicited goods or services

41 Liability etc. of recipient for unsolicited goods

42 Liability of recipient for unsolicited services

43 Assertion of right to payment for unauthorised entries or advertisements

Division 3 - Pyramid schemes

44 Participation in pyramid schemes

45 Meaning of pyramid scheme

46 Marketing schemes as pyramid schemes

Division 4 - Pricing

47 Multiple pricing

48 Single price to be specified in certain circumstances

Division 5 - Other unfair practices

49 Referral selling

50 Harassment and coercion

Part 3-2 - Consumer transactions

Division 1 - Consumer guarantees

Subdivision A - Guarantees relating to the supply of goods

51 Guarantee as to title

52 Guarantee as to undisturbed possession

53 Guarantee as to undisclosed securities etc.

54 Guarantee as to acceptable quality

55 Guarantee as to fitness for any disclosed purpose etc.

56 Guarantee relating to the supply of goods by description

57 Guarantees relating to the supply of goods by sample or demonstration model

58 Guarantee as to repairs and spare parts

59 Guarantee as to express warranties

Subdivision B - Guarantees relating to the supply of services

60 Guarantee as to due care and skill

61 Guarantees as to fitness for a particular purpose etc.

62 Guarantee as to reasonable time for supply

63 Services to which this Subdivision does not apply

Subdivision C - Guarantees not to be excluded etc. by contract

64 Guarantees not to be excluded etc. by contract

64A Limitation of liability for failures to comply with guarantees

Subdivision D - Miscellaneous

65 Application of this Division to supplies of gas, electricity and telecommunications

66 Display notices

67 Conflict of laws

68 Convention on Contracts for the International Sale of Goods

Division 2 - Unsolicited consumer agreements

Subdivision A - Introduction

69 Meaning of unsolicited consumer agreement

70 Presumption that agreements are unsolicited consumer agreements

71 Meaning of dealer

72 Meaning of negotiation

Subdivision B - Negotiating unsolicited consumer agreements

73 Permitted hours for negotiating an unsolicited consumer agreement

74 Disclosing purpose and identity

75 Ceasing to negotiate on request

76 Informing person of termination period etc.

77 Liability of suppliers for contraventions by dealers

Subdivision C - Requirements for unsolicited consumer agreements etc.

78 Requirement to give document to the consumer

79 Requirements for all unsolicited consumer agreements etc.

80 Additional requirements for unsolicited consumer agreements not negotiated by telephone

81 Requirements for amendments of unsolicited consumer agreements

Subdivision D - Terminating unsolicited consumer agreements

82 Terminating an unsolicited consumer agreement during the termination period

83 Effect of termination

84 Obligations of suppliers on termination

85 Obligations and rights of consumers on termination

86 Prohibition on supplies etc.

87 Repayment of payments received after termination

88 Prohibition on recovering amounts after termination

Subdivision E - Miscellaneous

89 Certain provisions of unsolicited consumer agreements void

90 Waiver of rights

91 Application of this Division to persons to whom rights of consumers and suppliers are assigned etc.

92 Application of this Division to supplies to third parties

93 Effect of contravening this Division

94 Regulations may limit the application of this Division

95 Application of this Division to certain conduct covered by the Corporations Act

Division 3 - Lay-by agreements

96 Lay-by agreements must be in writing etc.

97 Termination of lay-by agreements by consumers

98 Termination of lay-by agreements by suppliers

99 Effect of termination

Division 4 - Miscellaneous

100 Supplier must provide proof of transaction etc.

101 Consumer may request an itemised bill

102 Prescribed requirements for warranties against defects

103 Repairers must comply with prescribed requirements

Part 3-3 - Safety of consumer goods and product related services

Division 1 - Safety standards

104 Making safety standards for consumer goods and product related services

105 Declaring safety standards for consumer goods and product related services

106 Supplying etc. consumer goods that do not comply with safety standards

107 Supplying etc. product related services that do not comply with safety standards 108 Requirement to nominate a safety standard

Division 2 - Bans on consumer goods and product related services

Subdivision A - Interim bans

109 Interim bans on consumer goods or product related services that will or may cause injury to any person etc.

110 Places in which interim bans apply

111 Ban period for interim bans

112 Interaction of multiple interim bans

113 Revocation of interim bans

Subdivision B - Permanent bans

114 Permanent bans on consumer goods or product related services

115 Places in which permanent bans apply

116 When permanent bans come into force

117 Revocation of permanent bans

Subdivision C - Compliance with interim bans and permanent bans

118 Supplying etc. consumer goods covered by a ban

119 Supplying etc. product related services covered by a ban

Subdivision D - Temporary exemption from mutual recognition principles

120 Temporary exemption under the Trans-Tasman Mutual Recognition Act 1997

121 Temporary exemption under the Mutual Recognition Act 1992

Division 3 - Recall of consumer goods

Subdivision A - Compulsory recall of consumer goods

122 Compulsory recall of consumer goods

123 Contents of a recall notice

124 Obligations of a supplier in relation to a recall notice

125 Notification by persons who supply consumer goods outside Australia if there is compulsory recall

126 Interaction of multiple recall notices

127 Compliance with recall notices

Subdivision B - Voluntary recall of consumer goods

128 Notification requirements for a voluntary recall of consumer goods

Division 4 - Safety warning notices

129 Safety warning notices about consumer goods and product related services

130 Announcement of the results of an investigation etc.

Division 5 - Consumer goods, or product related services, associated with death or serious injury or illness

131 Suppliers to report consumer goods associated with the death or serious injury or illness of any person

132 Suppliers to report product related services associated with the death or serious injury or illness of any person

132A Confidentiality of notices given under this Division

Division 6 - Miscellaneous

133 Liability under a contract of insurance

Part 3-4 - Information standards

134 Making information standards for goods and services

135 Declaring information standards for goods and services

136 Supplying etc. goods that do not comply with information standards

137 Supplying etc. services that do not comply with information standards

137A Safe harbour for complying with information standards about free range eggs

Part 3-5 - Liability of manufacturers for goods with safety defects

Division 1 - Actions against manufacturers for goods with safety defects

138 Liability for loss or damage suffered by an injured individual

139 Liability for loss or damage suffered by a person other than an injured individual

140 Liability for loss or damage suffered by a person if other goods are destroyed or damaged

141 Liability for loss or damage suffered by a person if land, buildings or fixtures are destroyed or damaged

142 Defences to defective goods actions

Division 2 - Defective goods actions

143 Time for commencing defective goods actions

144 Liability joint and several

145 Survival of actions

146 No defective goods action where workers’ compensation law etc. applies

147 Unidentified manufacturer

148 Commonwealth liability for goods that are defective only because of compliance with Commonwealth mandatory standard

149 Representative actions by the regulator

Division 3 - Miscellaneous

150 Application of all or any provisions of this Part etc. not to be excluded or modified

Chapter 4 Offences

Part 4-1 - Offences relating to unfair practices

Division 1 - False or misleading representations etc.

151 False or misleading representations about goods or services

152 False or misleading representations about sale etc. of land

153 Misleading conduct relating to employment

154 Offering rebates, gifts, prizes etc.

155 Misleading conduct as to the nature etc. of goods

156 Misleading conduct as to the nature etc. of services

157 Bait advertising

158 Wrongly accepting payment

159 Misleading representations about certain business activities

160 Application of provisions of this Division to information providers

Division 2 - Unsolicited supplies

161 Unsolicited cards etc.

162 Assertion of right to payment for unsolicited goods or services

163 Assertion of right to payment for unauthorised entries or advertisements

Division 3 - Pyramid schemes

164 Participation in pyramid schemes

Division 4 - Pricing

165 Multiple pricing

166 Single price to be specified in certain circumstances

Division 5 - Other unfair practices

167 Referral selling

168 Harassment and coercion

Part 4-2 - Offences relating to consumer transactions

Division 1 - Consumer guarantees

169 Display notices

Division 2 - Unsolicited consumer agreements

Subdivision A - Negotiating unsolicited consumer agreements

170 Permitted hours for negotiating an unsolicited consumer agreement

171 Disclosing purpose and identity

172 Ceasing to negotiate on request

173 Informing person of termination period etc.

Subdivision B - Requirements for unsolicited consumer agreements etc.

174 Requirement to give document to the consumer

175 Requirements for all unsolicited consumer agreements etc.

176 Additional requirements for unsolicited consumer agreements not negotiated by telephone

177 Requirements for amendments of unsolicited consumer agreements

Subdivision C - Terminating unsolicited consumer agreements

178 Obligations of suppliers on termination

179 Prohibition on supplies etc.

180 Repayment of payments received after termination

181 Prohibition on recovering amounts after termination

Subdivision D - Miscellaneous 182 Certain provisions of unsolicited consumer agreements void

183 Waiver of rights

184 Application of this Division to persons to whom rights of consumers and suppliers are assigned etc.

185 Application of this Division to supplies to third parties

186 Regulations may limit the application of this Division

187 Application of this Division to certain conduct covered by the Corporations Act

Division 3 - Lay-by agreements

188 Lay-by agreements must be in writing etc.

189 Termination charges

190 Termination of lay-by agreements by suppliers

191 Refund of amounts

Division 4 - Miscellaneous

192 Prescribed requirements for warranties against defects

193 Repairers must comply with prescribed requirements

Part 4-3 - Offences relating to safety of consumer goods and product related services

Division 1 - Safety standards

194 Supplying etc. consumer goods that do not comply with safety standards

195 Supplying etc. product related services that do not comply with safety standards

196 Requirement to nominate a safety standard

Division 2 - Bans on consumer goods and product related services

197 Supplying etc. consumer goods covered by a ban

198 Supplying etc. product related services covered by a ban

Division 3 - Recall of consumer goods

199 Compliance with recall orders

200 Notification by persons who supply consumer goods outside Australia if there is compulsory recall

201 Notification requirements for a voluntary recall of consumer goods

Division 4 - Consumer goods, or product related services, associated with death or serious injury or illness

202 Suppliers to report consumer goods etc. associated with the death or serious injury or illness of any person

Part 4-4 - Offences relating to information standards

203 Supplying etc. goods that do not comply with information standards

204 Supplying etc. services that do not comply with information standards

Part 4-5 - Offences relating to substantiation notices

205 Compliance with substantiation notices

206 False or misleading information etc.

Part 4-6 - Defences

207 Reasonable mistake of fact

208 Act or default of another person etc.

209 Publication of advertisements in the ordinary course of business

210 Supplying goods acquired for the purpose of re-supply

211 Supplying services acquired for the purpose of re-supply

Part 4-7 - Miscellaneous

212 Prosecutions to be commenced within 3 years

213 Preference must be given to compensation for victims

214 Penalties for contraventions of the same nature etc.

215 Penalties for previous contraventions of the same nature etc.

216 Granting of injunctions etc.

217 Criminal proceedings not to be brought for contraventions of Chapter 2 or 3

Chapter 5 Enforcement and remedies

Part 5-1 - Enforcement

Division 1 - Undertakings

218 Regulator may accept undertakings

Division 2 - Substantiation notices

219 Regulator may require claims to be substantiated etc.

220 Extending periods for complying with substantiation notices

221 Compliance with substantiation notices

222 False or misleading information etc.

Division 3 - Public warning notices

223 Regulator may issue a public warning notice

Part 5-2 - Remedies

Division 1 - Pecuniary penalties

224 Pecuniary penalties

225 Pecuniary penalties and offences

226 Defence

227 Preference must be given to compensation for victims

228 Civil action for recovery of pecuniary penalties

229 Indemnification of officers

230 Certain indemnities not authorised and certain documents void

Division 2 - Injunctions

232 Injunctions

233 Consent injunctions

234 Interim injunctions

235 Variation and discharge of injunctions

Division 3 - Damages

236 Actions for damages

Division 4 - Compensation orders etc. for injured persons and orders for non-party consumers

Subdivision A - Compensation orders etc. for injured persons

237 Compensation orders etc. on application by an injured person or the regulator

238 Compensation orders etc. arising out of other proceedings

Subdivision B - Orders for non-party consumers

239 Orders to redress etc. loss or damage suffered by non-party consumers

240 Determining whether to make a redress order etc. for non-party consumers

241 When a non-party consumer is bound by a redress order etc.

Subdivision C - Miscellaneous

242 Applications for orders

243 Kinds of orders that may be made

244 Power of a court to make orders

245 Interaction with other provisions

Division 5 - Other remedies

246 Non-punitive orders

247 Adverse publicity orders

248 Order disqualifying a person from managing corporations

249 Privilege against exposure to penalty or forfeiture - disqualification from managing corporations

250 Declarations relating to consumer contracts and small business contracts Division 6—Defences 251 Publication of advertisement in the ordinary course of business

252 Supplying consumer goods for the purpose of re-supply

253 Supplying product related services for the purpose of re-supply

Part 5-3 - Country of origin representations

254 Overview

255 Country of origin representations do not contravene certain provisions

[there is no section 256 or 257]

258 Proceedings relating to false, misleading or deceptive conduct or representations

Part 5-4 - Remedies relating to guarantees

Division 1 - Action against suppliers

Subdivision A - Action against suppliers of goods

259 Action against suppliers of goods

260 When a failure to comply with a guarantee is a major failure

261 How suppliers may remedy a failure to comply with a guarantee

262 When consumers are not entitled to reject goods

263 Consequences of rejecting goods

264 Replaced goods

265 Termination of contracts for the supply of services that are connected with rejected goods

266 Rights of gift recipients

Subdivision B - Action against suppliers of services

267 Action against suppliers of services

268 When a failure to comply with a guarantee is a major failure

269 Termination of contracts for the supply of services

270 Termination of contracts for the supply of goods that are connected with terminated services

Division 2 - Action for damages against manufacturers of goods

271 Action for damages against manufacturers of goods

272 Damages that may be recovered by action against manufacturers of goods

273 Time limit for actions against manufacturers of goods

Division 3 - Miscellaneous

274 Indemnification of suppliers by manufacturers

275 Limitation of liability etc.

276 This Part not to be excluded etc. by contract

276A Limitation in certain circumstances of liability of manufacturer to seller

277 Representative actions by the regulator

Part 5-5 - Liability of suppliers and credit providers

Division 1 - Linked credit contracts

278 Liability of suppliers and linked credit providers relating to linked credit contracts

279 Action by consumer to recover amount of loss or damage

280 Cases where a linked credit provider is not liable

281 Amount of liability of linked credit providers

282 Counter-claims and offsets

283 Enforcement of judgments etc.

284 Award of interest to consumers

285 Liability of suppliers to linked credit providers, and of linked credit providers to suppliers

286 Joint liability proceedings and recovery under section

135 of the National Credit Code

Division 2 - Non-linked credit contracts

287 Liability of suppliers and credit providers relating to non-linked credit contracts

Chapter 6 Application and transitional provisions

This part sets out application and transitional provisions ss 288-295