The Australian Consumer Law is a uniform national law, designed to protect consumers and help them have a fair trading environment. It has three general protections which are; specific prohibitions on unethical conduct in certain business transactions and consumer transactions, and a general prohibition on unethical conduct in trade or exchange, a general prohibition on deceptive or misleading conduct in trade or exchange, and a provision voiding contract terms abusive in consumer contracts. This article is a discussion of Australian consumer law, focusing on what it is, how it is applied, the difference to previous law, its sections; in particular Article 18, the effect on state laws, and its limitations considering the application of common law. These are discussed in specific questions as noted below. What is the application of the ACL in Australia? How important was the introduction of the new legislation for Australia as a whole? Is the legislation State or Commonwealth? The Australian Consumer Law is a single national fair trading and consumer protection law. It is uniform in each State and Territory, as well as nationally. This law was implemented in January 2011 and offers consumers the same expectations and protections regarding business conduct in Australia. Companies are also guided by this law regarding their obligations whenever they operate in Australia. The Australian Consumer Law supersedes 20 different national consumer laws and applies as the law of the Commonwealth of Australia. It clarifies the understanding of the law for both businesses and consumers. It is a program of the Competition and Consumer Act 2010 and is implemented by all Australian courts and tribunals, including those in the Territory... half of the document.. ....ational_reforms_to_consumer_laws.page---LXQueensland Government, 2013, Office of Fair Trading: Australian Consumer Law. Retrieved from: http://www.fairtrading.qld.gov.au/australian-consumer-law.htm---L2The Law Hand Book, 2013, Australian Consumer Law. Retrieved from: http://www.lawhandbook.org.au/handbook/ch12s03s01.php---L6---L5Toth, R., 2014, The Australian Consumer Law: 10 Key Changes for Australian Business. Retrieved from;http://www.wisewouldmahony.com.au/index.php?id=314---L4Wadlow, C., 2011, The Law of Passing-off: Unfair Competition by Misrepresentation, London, Sweet & Maxwell. ---L7Vout, P., 2013, Irreconcilability and good faith in commercial transactions, National Commercial Law Seminar Series. Retrieved from: http://www.law.monash.edu.au/centres/commercial-law-group/unconscionability-and-good-faith-in-business-transactions-paul-vout.pdf--K2
tags