Miscellaneous

Legislation

Trade Practices Amendment (Australian Consumer Law) Act (No. 1) 2010

The Trade Practices Amendment (Australian Consumer Law) Bill 2009, which was introduced into the House of Representatives on 24 June 2009, delivers key elements of the Australian Consumer Law.

The Bill was passed by both houses of Parliament on 17 March 2010 with amendments and received the Royal Assent on 14 April 2010.

The package of reform includes:

  • establishing a single, national consumer law: the Australian Consumer Law;
  • making provision for the application, administration and amendment of the Australian Consumer Law;
  • introducing a provision regulating unfair contract terms, which will commence on 1 July 2010  at the Commonwealth level; and
  • introducing new penalties, enforcement powers and consumer redress options, which commenced on 15 April 2010 at the Commonwealth level.

The Bill and Explanatory Material are available on the Parliament of Australia website. The Act is available on the ComLaw  website.

Legislation has recently been passed in Victoria  and New South Wales  that applies the national unfair contract terms law in those jurisdictions to non-corporations from 1 July 2010.

Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010

The Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010, which was introduced into the House of Representatives on 17 March 2010, completes the Australian Consumer Law.

The Act was passed by both houses of Parliament on 24 June 2010 with amendments and received the Royal Assent on 13 July 2010.

The Act implements:

  • the remainder of the Australian Consumer Law provisions drawn from the existing consumer protection provisions of the TPA.
  • the new national product safety system.
  • reforms drawing on best practice in State and Territory consumer laws.
  • the new national law guaranteeing consumer rights when buying goods and services, which replaces existing laws on conditions and warranties.
  • amendments to the TPA to clarify that protection from unconscionable conduct relates not only to the process of settling a contract but to the terms and conditions of the contract and the ongoing behaviour of the parties to the contract.

The Act and Explanatory Material are available on the Parliament of Australia website.

The States and Territories are to apply the Australian Consumer Law by the end of 2010.

The Australian Consumer Law will be fully implemented by 1 January 2011. It will apply nationally and in all States and Territories, and to all Australian businesses.

Competition and Consumer Legislation Amendment Bill 2010

The dissolution of the House of Representatives and the prorogation of the Senate means that the Bill will not proceed at this time.

The Competition and Consumer Legislation Amendment Bill 2010, which was introduced into the House of Representatives on 27 May 2010, implements two reforms to clarify the application of key provisions of Australia’s competition and consumer laws.  The Bill:

  • amends the unconscionable conduct provisions contained in the TPA and the ASIC Act by introducing a statement of interpretive principles and removing the distinction between unconscionable conduct that affects business and that which affects consumers; and
  • amends section 50 of the TPA to provide greater clarity to the provisions regulating mergers and acquisitions.

The Bill and Explanatory Material are available on the Parliament of Australia  website.