Table 1: Persons protected under the ACL ACL protections Any person (including businesses) protected ‘Consumers’ (as defined in section 3) protected Other definition of person protected Misleading or deceptive conduct Yes – – False or misleading representation Yes – – Unconscionable conduct Yes, other than publicly listed company – – Consumer guarantees – Yes, with some exceptions (for example, goods purchased at public auction where the auctioneer is the owner’s agent) – Table 1: Persons protected under the ACL (continued) ACL protections Any person (including businesses) protected ‘Consumers’ (as defined in section 3) protected Other definition of person protected Unsolicited consumer agreement provisions – Yes, with exceptions in the regulations for businesstobusiness sales and party plan events (for example, ‘Tupperware parties) – Layby provisions – Yes – Product safety – – Applies generally to ‘consumer goods’ as defined in section 2 so protects users and buyers of those goods Unfair contract terms – – Individuals who enter into a standardform contract for the acquisition of goods, services, or interests wholly or predominantly for personal, domestic, or household use or consumption Businesses with <20 employees who enter into standard form contracts of no more than $300,000 (or
undertake a public consultation process, including with government organisations, consumer representatives, businesses, the public and the Commonwealth Consumer Affairs Advisory Council (CCAAC) to seek their views and experiences of the national consumer policy framework undertake the second Australian Consumer Survey to assess consumer and business experience of the ACL nationally since its implementation commission an independent assessment of the opportunities to improve the ‘multiple regulator’ model, including seeking stakeholder feedback and applying a performance evaluation framework that is consistent with the Memorandum of Understanding agreed by ACL regulators, and examine the effectiveness of national guidance for businesses and consumers on the application, enforcement and administration of the ACL. CAANZ will also: consider relevant developments in consumer policy overseas since the ACL was implemented take into account relevant findings from other reviews including the Competition Policy Review and the Financial System Inquiry will have regard to the application of consumer protection provisions as mirrored in the ASIC Act, and review the IGA’s operations and terms on behalf of the Council of Australian Governments. CAANZ will provide to the Legislative and Governance Forum on Consumer Affairs an interim report in the second half of 2016 and a final report by March 2017. The final report will make findings and identify options to improve the efficiency and effectiveness of the ACL. Legislative and Governance Forum on Consumer Affairs 12 June 2015 Background The Australian Consumer Law (ACL) is the uniform Commonwealth, state and territory consumer protection law that commenced on 1 January 2011. The Australian Securities and Investments Commission Act 2001 (the ASIC Act) generally mirrors the consumer protection provisions applying to financial products and services. On 2 October 2008, COAG agreed to a new consumer policy framework, drawing on the recommendations of the Productivity Commission in its 2008 Review of Australia’s Consumer Policy Framework and best practice in state and territory consumer laws, including a provision regulating unfair contract terms. On 2 July 2009, COAG signed the Intergovernmental Agreement for the Australian Consumer Law underpinning the establishment of a national consumer law. It created a national consumer policy framework consisting of a national consumer protection law, a national product safety regulatory
C: Accord Australasia Advertising Standards Bureau Airline Customer Advocate Allens Anonymous 1 Anonymous 2 Anonymous 3 Arnold Bloch Leibler Australia and New Zealand Ombudsman Association Australian Association of National Advertisers Australian Automotive Aftermarket Association Australian Automotive Dealer Association Australian Chamber of Commerce and Industry Australian Charities and NotforProfits Commission Australian Communications and Media Authority Australian Communications Consumer Action Network Australian Finance Conference Australian Food and Grocery Council Australian Furniture Removers Association Australian Industry Group Australian Institute of Architects Australian Institute of Company Directors Australian Newsagents’ Federation Australian Retailers Association Australian Small Business and Family Enterprise Ombudsman Australian Tattooists Guild Australian Toy Association Baker & McKenzie Bebbington, Mr Bruce Blums, Mr Andris Bonwick, Mr Monte Business Council of Australia Cancer Council Queensland Caravan Camping and Touring Industry and Manufactured Housing Industry Association of NSW Caravan Industry Association of Australia Clamers, Mr Alan Chartered Accountants Australia and New Zealand CHOICE Clarke, Mr Philip H Commercial and Property Law Research Centre, Queensland University of Technology Commercial Vehicle Industry Association of Australia Communications Alliance Community Council for Australia Consult Australia Consumer Action Law Centre Consumer Credit Legal Service WA Consumer Electronics Suppliers Association Consumers’ Federation of Australia CPA Australia Customer Owned Banking Association Daly, Dr Angela and Scardamaglia, Dr Amanda Direct Selling Australia eBay Energy and Water Ombudsman NSW Energy and Water Ombudsman Victoria EnergyAustralia Engineers Australia Ethnic Communities Council of NSW
Federal Chamber of Automotive Industries Financial Counselling Australia Financial Rights Legal Centre Fundraising Institute of Australia Goulburn Valley Community Legal Centre and Loddon Campaspe Community Legal Centre Governance Institute of Australia Groupon Guenther, C and Lyons, M J Housing Industry Association Howlett, Ms Gwendolyn Industry Super Australia Insurance Australia Group Insurance Council of Australia Interactive Games and Entertainment Association Justice Connect Notforprofit Law Justice Connect Referral Service Law Council of Australia Law Council of Australia Legal Practice Section Law Institute Victoria Law Society of NSW Law Society of WA Legal Aid NSW Legal Aid Queensland Legal Services Commission of SA Lemon Laws 4 Aus Lewins, Ms Kate Lewis, Mr Rodney Master Electricians Australia Melbourne Social Equity Institute Melbourne University — Associate Professor Jeannie Paterson and Professor Elise Bant MGA Independent Retailers Middleton, Mr Thomas MinterEllison Motor Trade Association of SA Motor Trade Association of WA Motor Traders’ Association of NSW Motor Trades Association of Australia Motor Trades Association of Queensland Norton Gledhill Nottage, Mr Luke NSW Business Chamber Obesity Policy Coalition Office of the NSW Small Business Commissioner Office of Multicultural Interests WA Petre, Ms Clare Product Safety Solutions Prolegis Lawyers Public Fundraising Regulatory Association Public Transport Ombudsman Victoria Queensland Consumers Association Queensland Law Society Ramsay, Mr Duncan Real Estate Institute of New South Wales Red Energy and Lumo Energy Redfern Legal Centre Retail Council Robertson, Mr James Robinson, Dr Dorothy Rodan + Fields Sales Assured Seddon, Mr Nick Senior Rights Service Shopping Centre Council of Australia Sise, Mr Peter Slater + Gordon Lawyers Small Business Commissioner SA Small Business Development Corporation Smith, Mr Neil South Australian Independent Retailers
Retail Council Redfern Legal Centre Senior Rights Service Australian Small Business and Family Enterprise Ombudsman (Cth) Office of the NSW Small Business Commissioner Small Business Commissioner (SA) Small Business Commissioner (Victoria) Small Business Development Corporation (WA) Dr Rhonda Smith, Melbourne University Standards Australia Ray Steinwall, Novartis Super Retail Group Therapeutic Goods Administration Uber UnitingCare Wesley Bowden Victorian Automobile Chamber of Commerce