Question

CONSUMER LAW ( please write the references of detail at the end )

TOPIC - CONSUMER GUARANTEES – Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“the ACL”)

Provide the relevant sections of the ACL and give case examples (where applicable) to support your answers.

Answer 1

Sections of ACL

Chapter 1. Definitions and interpretative provisions of consumer law concepts including the definition of consumer.

Chapter 2 (a) Prohibition of misleading and deceptive conduct in trade or commerce.

(b) General ban on unconscionable conduct in trade or commerce and specific bans on unconscionable conduct in consumer and certain business transactions.

(c) A provision to void the unfair terms in the consumer contracts.

Chapter 3 - Special protective measures that include provisions on

(a) Ban on specific trade practices

(b) Provision of guaranteed consumer rights for goods or services, governing of unsolicited sales transactions.

(c) Product safety law and reulatory framework that includes banning of goods that may cause the consumer injury, reporting of such cases and removal of such goods from the market.

(d) Prescription of the information standards to be provided by the suppliers of the of goods and services.

(e) Establishing liability of manufacturers for product defects.

Chapter 4 - List of breaches of law pertaining to the chapter 3 which can be treated as criminal offences.

Chapter 5 - Enforcement and remedial powers related to consumer laws.

Chapter 6 and 7 - ACL regulations that include

(a) Requirements for asserting a right to payment.

(b) Agreements which are not classified as unsolicited consumer agreements.

(c) Requirements for warranties against defects and repair notices.

(d) Reporting requirement of goods and services that caused death, injury or illness.