The Law Handbook 2024

688 NOTE The law in this chapter is current as at 1 September 2023. Australian Consumer Law Australia’s general consumer protections are found in the Australian Consumer Law ( ACL ). The full text of the ACL is set out in schedule 2 of the Competition and Consumer Act 2010 (Cth) (‘ C&C Act ’), which was for many years known as the Trade Practices Act 1974 (Cth) (‘ TP Act ’). Broadly, the ACL applies to consumer transactions for all goods and services entered into after 1 January 2011, except financial services. Consumer protections in relation to financial services are found in the Australian Securities and Investments Commission Act 2001 (Cth) (‘ ASIC Act ’). For transactions that occurred up to 31 December 2010, the previous national, state and territory consumer laws will continue to apply. The ACL: • is administered by the Australian Competition and Consumer Commission ( ACCC ) and, in Victoria, by Consumer Affairs Victoria ( CAV ); and • is generally reflected in similar provisions in the ASIC Act, so that financial products and services are treated in the same way. In Victoria, section 8 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) (‘ ACL&FTA ’) applies the Australian Consumer Law in schedule 2 to the C&C Act as a law of the state of Victoria. This chapter contains a brief description of the main consumer protection legislation that applies in Victoria, under the ACL. NOTE This chapter provides only an introduction to the subject. Legal advice should always be obtained in relation to individual facts. ACL consumer protection Introduction This section covers the main consumer protection provisions in the ACL, as well as the ASIC Act. These provisions regulate or prohibit a range of unfair trade practices, including: • misleading or deceptive conduct (s 18 ACL; s 12DA ASIC Act); • the making of false representations in relation to the sale of goods and services (s 29 ACL; s 12DB ASIC Act); • unconscionable conduct (ss 20, 21 ACL; ss 12CA, 12CB ASIC Act); and • unfair terms in consumer contracts and standard form consumer contracts (ss 23–28 ACL; ss 12BF–12BM ASIC Act). Consumers may find that a remedy is more easily obtained in Victoria under the ACL&FTA’s application of the ACL. This is because the Victorian Civil and Administrative Tribunal ( VCAT ) (where Victorian consumer disputes are generally heard) is a less formal venue than a court and legal representation is usually not permitted for consumer and trader disputes relating to amounts under $15 000. For more information about making a complaint or obtaining a remedy at court, see Chapter 7.4: Taking action as a consumer. Types of goods or services regulated Generally, the ACL applies to a ‘consumer’. Section 3 states that a person is taken to have acquired particular goods or services as a consumer if, and only if: a the amount payable for the goods or services is less than $100 000 (note that prior to 1 July 2021, this threshold was $40 000); or b the goods or services were of a kind ordinarily acquired for personal, domestic or household use or consumption; or 7.2 Consumer protection laws Contributor: Gerard Brody, Chair, Consumers' Federation of Australia