Consumer Policy
- The Treasury provides advice to the Government on Australia’s consumer policy framework (including the consumer law provisions of the Trade Practices Act 1974 (TPA)), and promoting competitive, efficient, well informed and safe markets that enhance the welfare of Australian consumers.
- The Hon Dr Craig Emerson MP is the Minister responsible for consumer policy. Elected to the House of Representatives for the Division of Rankin in October 1998, Dr Emerson was appointed Minister for Small Business, Independent Contractors and the Service Economy in December 2007. In June 2009 Dr Emerson was also appointed Minister for Competition Policy and Consumer Affairs. For more information about Minister Emerson, please visit the Minister’s website.
- The Australian Competition and Consumer Commission (ACCC) is responsible for enforcing the TPA. The ACCC’s role is to promote competition and fair trade in the market place to benefit consumers, business and the community. It engages in education campaigns, provides information about the Commonwealth's competition, fair trading and consumer protection laws, and ensures that individuals and businesses comply with them. More information about the ACCC is available on its website, or by calling the ACCC Infocentre on 1300 302 502.
- The Australian Securities and Investments Commission (ASIC) is responsible for enforcing the consumer protection provisions of the Australian Securities and Investments Commission Act 2001 and the Corporations Act 2001. For more information about ASIC please visit its website. ASIC falls under the portfolio responsibilities of the Minister for Financial Services, Superannuation and Corporate Law, the Hon Chris Bowen MP. For more information about Minister Bowen, please visit the Minister’s website.
Reforming Australia’s consumer laws
On 2 October 2008, the Council of Australian Governments (COAG) agreed to a new consumer policy framework as proposed by the Ministerial Council on Consumer Affairs (MCCA). The framework will be centred around a new Australian Consumer Law, based on the provisions of the TPA and including a number of additional features. The final form of the Australian Consumer Law was agreed by MCCA at its meeting on 4 December 2009. MCCA has agreed that the law will include:
- provisions regulating unfair contract terms;
- enhanced enforcement powers and redress mechanisms;
- a new product safety regime;
- a new national consumer guarantees law; and
- changes drawn from best practice in existing state and territory consumer laws.
Recent developments
An amendment to the TPA to achieve clarity in pricing commenced on 25 May 2009. The amendment ensures that where a business makes a representation to consumers about the partial price of a good or service, the total price must also be prominently displayed, as a single figure, to the extent that it is quantifiable. For more information on clarity in pricing please see the Minister’s media release or visit the ACCC website.
On 5 November 2009 the Government tabled its formal response to the Senate Economics Committee inquiry into 'the need, scope and content of a definition of unconscionable conduct for the purposes of Part IVA of the Trade Practices Act 1974'. As part of the response, Minister Emerson announced the establishment of an expert panel to consider the merits of two options for clarifying the unconscionable conduct provisions of the TPA. Minister Emerson released the expert panel's report, Strengthening statutory unconscionable conduct and the Franchising Code of Conduct, on 3 March 2010.
On 1 December 2009 the Unit Pricing Code came into force. The Code requires all large and online supermarkets to display unit prices in their stores for all grocery items that are not specifically exempt. A unit price is a price per standard unit of measurement, for example, '$2.29 per 100g'. The unit pricing regulations are available online. For more information, please see the Minister's media release or visit the ACCC website.
Consumer policy
Ministerial Council on Consumer Affairs (MCCA)
MCCA consists of the Commonwealth, State, Territory and New Zealand ministers responsible for consumer affairs.
Its role is to consider consumer policy issues of national significance and, where possible, develop a consistent approach to those issues. Its website provides information on consumer rights, and information for businesses on how to deal with consumers. It also provides links to other consumer policy and enforcement agencies in Australia and New Zealand.Commonwealth Consumer Affairs Advisory Council (CCAAC)
CCAAC provides advice to the Minister on consumer policy issues. It meets two to four times a year. Details of CCAAC are available on the Government Online Directory.
CCAAC’s terms of reference are to:
- consider issues, reports and papers referred to it by the Minister and report to the Minister on their consumer policy implications, and in doing so take account of the need for well-functioning markets with confident consumers;
- identify emerging issues affecting Australian markets and consumers and draw these to the attention of the Minister; and
- when considering consumer policy issues, take account of the competition and other relevant economic implications of consumer policy issues.
Statutory conditions and warranties
On 30 October 2009 CCAAC presented to Minister Emerson its report Consumer rights: Reforming statutory implied conditions and warranties. CCAAC's review of statutory implied conditions and warranties was announced by the Government on 12 March 2009.
Further information on the review can be found on the CCAAC conditions and warranties page.
Productivity Commission Review of Australia's consumer policy framework
In May 2008 the Productivity Commission published its report into Australia's consumer policy framework. Details of the inquiry, including the final report, are available from the Productivity Commission's website.
Consumer policy online
In addition to general consumer policy, the Treasury also provides consumer policy information on specific topics, such as
- choice of superannuation funds,
- financial literacy,
- e- and m-commerce,
- the consumer credit code; and
- complaints and enquiries.
The ACCC website’s ‘For Consumers’ section provides important information on such topics as warranties and refunds, misleading advertising, product safety, petrol prices, and debt collection, and offers many useful publications for consumers. The ACCC also has a dedicated scams website - SCAMwatch - with information and advice about scams and how to recognise and avoid them.
ASIC maintains a website providing consumers with financial tips and safety checks when dealing with financial services. For further information please visit the FIDO website.National Consumer Congress
The National Consumer Congress is an annual event gathering together government, business, academic and consumer representatives to discuss key consumer issues and perspectives on the way forward in the area of consumer policy. Each Congress features a number of keynote addresses, presentations and workshops. For information on recent Congresses, including transcripts of proceedings, please click the links below.
- The 2009 National Consumer Congress was hosted by the South Australian Government on 12‑13 March 2009 in Adelaide.
- The 2008 National Consumer Congress was hosted by the Western Australian Government on 5‑6 March 2008 in Perth.
- The 2007 National Consumer Congress was hosted by the Australian Government on 14‑15 March 2007 in Melbourne.
