The australian competition and consumer commission accc alongside the state and territory consumer protection agencies jointly administer the acl. Application of the criminal code part iithe australian competition and consumer commission 6a. Fair trading act 1989 qld pdf 689kb trade practices act 1974 cth. 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. The queensland competition authority qca is responsible for the regulation of declared monopoly business activities under the frameworks administered by treasury in the queensland competition authority. Learn what the competition and consumer act 2010 replaces the trade.
Breaches of the competition and consumer act can easily result in severe costs for your company including discrediting your brand and reputation, multimillion dollar penalties and waste of management time dealing with the problem. Legislation affecting enforceability of contracts queensland law. Mar 01, 2017 queensland competition authority act 1997 page 2 e application of part to local government entities and responsible local governments that are the same person for giving notices. It covers anticompetitive conduct, price fixing, unconscionable conduct and other issues, such as advertising. The fair trading act adopts the provisions of the acl so that transactions between businesses not regulated by the competition and consumer act and consumers are covered. Learn what the competition and consumer act 2010 replaces the trade practices act 1974 means for businesses and consumers in. Competition and consumer act 2010 legislation accc. The competition and consumer act 2010 which replaced the trade practices act 1974 on 1 january 2011 aims to give businesses a fair and competitive operating environment. Competition and consumer act 2010 schedule 2 table of contents the australian consumer law 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. The acl replaced the following fair trading and consumer protection laws in qld. Further information can be obtained from the office of the queensland.
They will not investigate or negotiate on behalf of every consumer who makes a complaint. Learn more about small business and the competition and consumer act. The act is the legislative vehicle for competition law in australia, and seeks to promote competition, fair trading as well as providing protection for consumers. The acl governs the way businesses operate and their obligations to consumers. The australian consumer law acl started in 2011 as the single, national consumer protection and fair trading law. An act to provide for the establishment of a body to be known in the irish language as an coimisiun um iomaiocht agus cosaint tomhaltoiri or in the english language the competition and consumer protection commission, to provide for the dissolution of the competition authority and the national consumer agency, to amend the law relating to. Misleading or deceptive conduct often referred to as just misleading conduct is a doctrine of australian law section 18 of the australian consumer law, which is found in schedule 2 of the competition and consumer act 2010, prohibits conduct by corporations in trade or commerce which is misleading or deceptive or is likely to mislead or deceive.
Competition and consumer act means the competition and consumer act 2010 cwlth. The competition and consumer act 2010 cca is an act of the parliament of australia. Its purpose is to enhance the welfare of australians by promoting fair trading and competition, and through the provision of consumer protections. The australian competition and consumer commission accc.
The kit helps you identify just how much risk your organisation is exposed to and where more education and understanding of the competition and consumer act is required. The australian consumer laws acl, being schedule 2 to the competition and consumer act 2010, is uniform legislation for consumer protection, applying as a law of the commonwealth of australia and is incorporated into the law of each of australias states and territories. Nov 15, 2017 this is a compilation of the competition and consumer act 2010 that shows the text of the law as amended and in force on 31 october 2017 the compilation date. Nov 06, 2017 james laman and marina nehme, section 46 of the competition and consumer act. Application of part iv to local government bodies 2c. In this section of our website you can learn more about. A trade promotion competition is a freeentry competition that a business conducts to promote their goods or services. Qls supports your legal rights by ensure that legislation protects, rather than. The minimum standards seek to redress the imbalance between consumers who are at a disadvantage when bargaining and more powerful traders.
The accc is an independent statutory authority that enforces the competition and consumer act 2010 previously the trade practices act 1974 and other legislation. The competition and consumer act 2010 cca formerly the trade practices act 1974 is a national law that governs how all businesses in australia must deal. Accc v cement australia 2014 22 australian journal of competition and consumer law 146. Consumer matters federal circuit court of australia. The competition and consumer act imposes basic minimum legislative standards that apply to. Guarantees, warranties and refunds business queensland. For information about consumer laws and their enforcement in queensland. There are other laws that will continue to apply to consumer transactions after 1 january 2011. Oct 16, 2019 the competition and consumer act 2010 the act is a national law that regulates fair trading in australia and governs how all businesses in australia must deal with their customers, competitors and suppliers. The competition and consumer act 2010 cca covers most areas of the market. The act promotes fair trading between competitors while also ensuring that consumers are treated fairly.
The relevant provision is almost identical to section 24 of the fair trading act 1989 qld. Applying australian consumer law when is government. An act relating to competition, fair trading and consumer protection, and for other purposes. Competition and consumer act 2010 sect 1 application of the australian consumer law in relation to corporations etc. Competition and consumer act 2010 schedule 2 the australian consumer law. Jan 09, 2019 the provisions protecting consumers, the australian consumer law acl, are contained in sch 2 of the competition and consumer act. Prior to 1 january 2011, it was known as the trade practices act 1974 tpa. Competition and consumer act, and includes a member of the commission or a division of the commission performing functions of the commission. Qld competitions if you reside in queensland and you are fascinated by competing you can take advantage of the many competition listings that can be found on tomorro website. Table of contents schedules 1 and 2 note 1 table of acts act notes table of amendments notes 2 and 3 table a the text of any of those amendments not in force. Legislation accc australian competition and consumer. Competition and consumer act 2010 federal register of legislation. The competition and consumer act business queensland. Industry, innovation, science, research and tertiary education.
A similar test also applies for the application of competition laws under section 2b of the competition and consumer act 2010 cth and section of the competition policy reform queensland act 1996 qld. It covers areas such as returns, refunds, warranties, contracts, marketing and advertising. The competition and consumer act 2010 is designed to protect you as a consumer in your dealings with business. They wont investigate or negotiate on behalf of every consumer who makes a complaint. Chief executive officer competition policy reform queensland act 1996 qld an act to apply certain laws of the commonwealth relating to competition policy as laws of queensland, and for other purposes. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law. The competition and consumer act confers jurisdiction on the federal magistrates court for particular matters arising under the australian consumer law. Competition and consumer law department of commerce. This act applies the competition and consumer act 2010 cth as new south wales competition policy. As a business owner, both you and your staff must understand your legal obligations to customers when providing them with guarantees, warranties and refunds. George hay, market definition and market dominance.
Queenslands competition policy queensland treasury. Martyn taylor and claire forster, predatory buying to corner a market. Section 46 misuse of market power part ivb industry codes part ivd consumer data right part xi application of the australian consumer law as a law of the commonwealth, and. Trade promotion competitions can be a great way to increase your customer base and generate excitement for a new product.
Competition and consumer act 2010 table of provisions long title part ipreliminary 1. Fair trading act 1989 view queensland legislation queensland. The court has jurisdiction with respect to claims under the following provisions of the competition and consumer act 2010 formerly the trade practices act 1974. General guidance about the acl and its provisions can be found below and in the australian consumer law.
Consumer complaint contacts your rights, crime and the law. The competition and consumer act 2010 the act formerly known as the trade practices act 1974contains rules against anticompetitive conduct to ensure that there is fair and effective competition within australia. The australian competition and consumer commission accc administers the act. This is a compilation of the competition and consumer act 2010 that shows the text of the law as amended and in force on 6 april 2019 the compilation date. The act also sets out consumers rights and responsibilities. Small business and the competition and consumer act accc. Understanding trade promotion competitions legalvision. Competition and consumer act 2010 sect 1 application of. Competition and consumer law compliance training cooper. Australian competition and consumer commission accc the accc can act on complaints by consumers about companies activities. The act also contains consumer protection rulesknown as the australian consumer law aclwhich businesses must. Australian consumer law acl your rights, crime and the. The competition and consumer act imposes basic minimum legislative standards that apply to consumers purchasing goods and services.
Competition and consumer act 2010 schedule 2 the australian. This is a compilation of the competition and consumer act 2010 that shows the text of the law as amended and in force on 31 october 2017 the. Commonwealth administrative laws, for part 5, division 5, see section 29. For consumers, the acl enshrines basic marketplace rights, including the right to a refund for faulty goods, the right not to be misled by advertising. To assist you in assessing your level of compliance with the competition and consumer act, cooper grace ward offers a competition and consumer compliance kit. Conduct code agreement means the conduct code agreement made on 11 april 1995 between the commonwealth, new south wales, victoria, queensland. There are 9 consumer guarantees that apply to goods, and 3 consumer guarantees that apply to services. Tue dec 20th 2016 the content of the law handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. Exceptions under commonwealth, state and territory legislation. Mar 18, 2020 whether you work with customers, businesses, provide services or sell goods, you must know how the consumer laws affects your business. David brewster, market definition and substitutability australian courts continue to struggle with part iv of the trade practices act 1974 cth 1996 12 qutlj 246263.
989 297 1112 577 1449 225 197 1065 144 545 1110 541 1288 1154 1587 1472 904 1565 39 1045 458 868 630 1093 1125 297 665 236 1383 396 849 954 40 106 104