The Law Handbook 2024

744 Section 7: Consumers, contracts, the internet and copyright Trading Acts, and may also be a breach of the customer’s ISP contract. If the ISP cannot resolve a complaint concerning internet dumping or an aspect of the ISP’s service, complaints can be made to the Telecommunications Industry Ombudsman (see ‘Contacts’, below). Spam Spam is unsolicited commercial electronic messages (i.e. electronic junk mail) that is generally delivered by SMS or email. Under the Spam Act 2003 (Cth), spam can only be sent with the consent of the person receiving the message. However, consent can be reasonably inferred if there is a business relationship between the sender and the receiver of the message. Commercial messages must include an unsubscribe facility. Phishing Phishing is a form of identity theft where fake emails and websites – that are designed to look like legitimate businesses, financial institutions and government agencies – are used to deceive internet users into disclosing financial account information or other personal details. For more information, including how to complain about spam and phishing, contact ACMA (see ‘Contacts’ at the end of this chapter). e-commerce: Online shopping The same laws apply online There are no laws in Australia that specifically deal with online shopping. Legally the same requirements exist whether a purchase is conducted over the internet or at a shop. So when you buy goods or services over the internet from an Australian trader, Australian consumer protection laws apply. Consumer protection laws These are discussed in detail in Section 7: Consumers, contracts, the internet and copyright. The most significant issues in protecting the rights of an Australian consumer shopping online are: • unconscionable conduct (see Chapter 7.2: Consumer protection laws); • misleading or deceptive conduct and ‘passing off’ (i.e. pretending someone else’s goods or services are yours) (see Chapter 7.2); • conditions and warranties (see Chapter 7.1 and Chapter 7.3). Actions you can take if you believe any of these rights have been breached are covered in Chapter 7.4. Other consumer protection If you are buying goods and/or services over the internet, other consumer protection laws may also apply, depending on your circumstances. Consumer credit laws regulate the purchase of goods and/or services by credit; for example, credit cards, home loans, personal loans, associated mortgages and leases. The ePayments Code regulates consumer electronic payment transactions, including ATM, EFTPOS and credit card transactions, online payments, internet and mobile banking and BPAY. The ePayments Code replaces the Electronic Funds Transfer Code of Conduct (‘ EFT Code ’) and provides protections in cases of fraud and unauthorised transactions. The Australian Securities and Investments Commission ( ASIC ) administers the ePayments Code, which includes monitoring compliance and reviewing the ePayments Code regularly. The Electronic Transactions Act 1999 (Cth) applies to all laws of the Commonwealth. It provides that if Commonwealth law requires information to be given in writing or with a handwritten signature, this requirement is deemed to be met if the information is given electronically. Similarly, if written records are required to be kept, an electronic version of the documents satisfies this requirement. The equivalent state legislation is the Electronic Transactions (Victoria) Act 2000 (Vic). Protect yourself when shopping online Before you buy goods or services online, you should find out the following information. Who is the trader? Establish who is selling the goods or services, including details of the trader’s business: their physical address, business registration details (e.g. business name and ACN/ABN), and contact details.