Foundations of
Australian Law
Fourth Edition
Chapter 12
Consumer protection
Copyright © 2013 Tilde Publishing and Distribution
Chapter overview
This chapter looks at the concepts of
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Consumer protection legislation
Types of conduct the legislation
protects against
Role of ACCC
Product safety requirements
Manufacturer’s liability
Consumer protection
legislation
• The Australian Consumer Law:
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Replaced national, state and territory
consumer laws with on e uniform law
Is a schedule to the newly passed
Competition and Consumer Act 2010
Is a Commonwealth law but each state and
territory has applied the ACL to their
respective jurisdiction
Misleading & deceptive
conduct
• Conduct
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Statements that are literally true
The failure to disclose all relevant
information
Broken promise and incorrect
predictions
Statements of opinion
Silence
Puffs
False warranties or guarantees
...
• Trade or commerce
• Conduct likely to deceive
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Exclusion
Remedies for misleading and deceptive
conduct
Representations as to the future
Unconscionable conduct
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Section 20 (1)
Section 21
• Types of conduct that may be
assessed as unconscionable
conduct
• Remedies for unconscionable
conduct
Unfair contract terms
Legal principle: ACL considers a
standard form consumer contract to
be one that involves the supply of
goods or services which are wholly
or mostly for personal, domestic or
household use or consumption.
Specific false representations
for goods or services
• See table 12.2: Specific false
representations
- False representations in relation to goods
- False representations in relation to services
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Not disclosing the total price
Offering gifts and prizes
Bait advertising
Component pricing
...
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Referral selling
Accepting payments without intending to
supply
Misleading statements about home operated
businesses
Coercion or harassment at place of
residence
Pyramid selling
Unsolicited credit cards
Inertia selling
Consumer agreements
• Consumer guarantees
- See Table 12.2
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Failure of consumer guarantees in
relation to goods
Failure of consumer guarantees in
relation to services
• Lay-by
• Unsolicited consumer agreements
Consumer product safety and
product-related services
• Consumer product safety
• Consumer product safety for
product-related services
• Safety standards
• Safety bans
...
• Product recalls
• Safety warning notices
• Consumer product information
standards
• Manufacturer’s liabilities and
product liability
ACCC
• The Australian Competition and
Consumer Commission (ACCC) is
a regulatory agency established by
the Competition Policy Reform Act
1995 (Cth).
Chapter review
In this chapter you have looked at
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Consumer protection legislation
Types of conduct the legislation
protects against
Role of ACCC
Product safety requirements
Manufacturer’s liability