It doesnt matter whether youre a sole trader working from home or a business with two, 20 or 200 employees. Accc new car fact sheet aada australian automotive. Australian and new zealand competition and consumer protection regimes productivity commission act 1998 the productivity commission is requested to undertake a study examining the potential for greater cooperation, coordination and integration of the general competition and consumer protection regimes in australia and new zealand, and to. Australian consumer law is regulated by the competition and consumer act 2010. About this compilation this compilation this is a compilation of the competition and consumer act 2010 that shows the text of the law as amended and in force on 1 january 2015 the compilation date.
The competition and consumer act 2010 cth seeks to promote competition, prohibits. The law commenced on 1 january 2011, replacing 20 different consumer laws across the. Complete the small business selfassessment checklist pdf, 1. As a small business operator its important youre familiar with your rights and obligations under the law.
It was established in 1995 with the amalgamation of the australian trade practices commission tpc and the prices surveillance authority to administer the trade practices act 1974 tpa cth renamed the competition and consumer act 2010 on 1. This compilation is affected by a retrospective amendment, please see statute law revision act 2012 act no. Part x ten of the competition and consumer act 2010 the act regulates international liner shipping of cargo travelling either to or from australia. An act relating to competition, fair trading and consumer protection, and for other purposes. The australian competition and consumer commission accc is an independent authority that promotes competition and honesty between businesses and consumers. Its purpose is to enhance the welfare of australians by promoting fair trading and competition, and through the provision of consumer protections. The competition and consumer industry codeelectricity retail regulations 2019 the code came into force on 1 july 2019. The australian consumer law contained in a schedule to the competition and consumer act 2010 creates a basic set of guarantees for consumers who acquire goods and services from australian suppliers, importers or manufacturers. 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 competition and consumer act cca is an act of the parliament of australia and so its application is limited by section 51 of the australian constitution, which sets out the division of powers between the federal and state parliaments. On 19 december 2002 the telecommunications competition act 2002 came into force. This article explores the interaction between supplier, manufacturer and consumer when there has been a breach of a consumer guarantee. Aba letter to asic regulatory approach to lending during. These are intended to ensure that you receive the goods or services that you have paid for. 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 8 goods affixed to land or premises.
Consumer protection measures are often established by law. Every australian business has the same rights and responsibilities under the australian consumer law acl contained in a schedule to the competition and consumer act. This compilation is affected by a retrospective amendment, please see competition and consumer legislation amendment act 2011 act no. Australian competition and consumer commission v yazaki corporation 2018 fcafc 73 introduction.
Competition and consumer act 2010 table of provisions long title part ipreliminary 1. As a result, most of the cca is drafted to apply only to corporations. Australian consumer law sch 2, competition and consumer act 2010 cth section 3 meaning of consumer. Record keeping rules on initial reports relating to. Competition and consumer act 2010 federal register of. A framework overview the accc website provides extensive advice on how the. The act also contains consumer protection rulesknown as the australian consumer law aclwhich businesses must. The code, as a mandatory industry code under part ivb of the competition and consumer act 2010, is binding on all retailers that supply electricity to small customers in the applicable distribution regions of new south wales, south australia and. The new car fact sheet has been developed to assist buyers of new cars to understand their consumer guarantee rights under the australian consumer law.
Section 151buaaa of the telecommunications competition act allows the. Competition and consumer act 2010 43 compilation no. 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. Undertaking to the australian competition and consumer commission given for the purposes of section 87b by basfoods. The australian competition and consumer commission the accc brought proceedings against yazaki corporation yazaki for breach of sections 45 and 44zzrd of the competition and consumer act 2010 cth the act. The text of any of those amendments not in force on that date is appended in the notes section. Colgates pecuniary penalty is the third largest penalty that the federal. The role of the australian competition and consumer commission. Australian competition and consumer commission wikipedia. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices in order to gain an advantage over competitors or to mislead consumers.
Asic means the australian securities and investments commission. 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 australian competition and consumer commission accc is an independent authority of the australian government. Competition and consumer act 2010 cth in the australian competition tribunal. General guidance about the acl and its provisions can be found below and in the australian consumer law.
The australian competition and consumer commission part ii section 16. Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Act 2018 act 3 of 2018 amended to extend unconscionable conduct provision to lited public companies. Recent accc cases highlight the importance of competition and consumer law compliance programs in australia 3. Legislation accc australian competition and consumer.
Australian and new zealand competition and consumer. Accc statement of intent the governments vision is for the australian competition and consumer commission accc to be a high performing and responsive agency that administers a principlesbased regulatory framework in a way that minimises compliance costs for business and provides business and the australian community with stability, is. Application of act to commonwealth and commonwealth authorities 2b. Recent accc cases highlight the importance of competition.
The australian consumer law schedule 2 schedule 2the australian consumer law note. Re application for authorisation aa439 lodged by australian energy council, clean energy council, smart energy council and energy consumers australia in respect of the new energy tech consumer code. The australian competition and consumer commission accc is responsible for enforcing the cca. Small business and the competition and consumer act. In western australia, other legislation to protect customers is regulated by the consumer protection unit at the department of mines, industry regulation and safety. The australian competition and consumer commission accc has written to the aada and a number of our members requesting assistance in distributing a new car fact sheet for consumers.
Application of part iv to local government bodies 2c. Industry, innovation, science, research and tertiary education. The competition and consumer act 2010 cca is a national law that governs how businesses must deal with suppliers, competitors and customers, and covers aspects of business such as advertising and price setting. Competition and consumer law department of commerce. The australian consumer law is set out in schedule 2 of the competition and consumer act 2010 cth acl and provides a set of consumer guarantees that apply whenever goods are supplied to consumers as defined under the acl. Competition and consumer act 2010 sect 9a terms excluding consumer guarantees from supplies of recreational services 1 a term of a contract for the supply of recreational services to a consumer by a person is not void under section 64 of the australian consumer law only because the term excludes, restricts or modifies, or has the effect of excluding, restricting or modifying. The acccs primary responsibility is to ensure that individuals and businesses comply with australian competition, fair trading, and consumer protection laws administered under the competition and consumer act. The competition and consumer act business queensland. This legislation reflects most of the consumer protection provisions of the fair trading legislation in each state and territory the acl is administered by the australian competition and consumer commission, and the state and territory consumer protection agencies. Liner shipping is generally defined as shipping services operating on a regular trade route, with predetermined and publicly advertised schedules between advertised ports of call. The competition and consumer act 2010 cca covers most areas of the market. Competition and consumer act 2010 sect 9a terms excluding consumer guarantees from supplies of recreational services 1 a term of a contract for the supply of recreational services to a consumer by a person is not void under section 64 of the australian consumer law only because the term excludes, restricts or modifies, or has the effect of excluding, restricting.
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