The Law Handbook 2024

748 Section 7: Consumers, contracts, the internet and copyright Contact your payment provider If you purchased the goods or services with a payment card (e.g. credit card, debit card or stored value card), there may be protections available. For example, some credit cards have a ‘charge-back’ facility (see ‘Bidding at an internet auction’, above). Third-party payment services such as PayPal often include dispute resolution mechanisms if there is a dispute in relation to goods and/or services purchased using the service. Contact an industry body Many traders are members of an industry body or professional association that follows a Code of Conduct. If the trader belongs to such an organisation, the industry body may be able to help resolve your dispute. The ACCC (www.accc.gov.au/ consumers) provides comprehensive information on where to go to make a complaint. If the trader is based overseas, the relevant consumer protection agency of that country may be able to advise you whether the trader belongs to an appropriate industry organisation. Contact a consumer protection agency If the problem is not resolved, contact the consumer affairs agency for the state or territory where the trader is located. If you are in a different state or territory from the trader, you can contact the ACCC. The ACCC may also be able to help you if the trader is overseas. For overseas traders, you can also visit www.econsumer.gov , which is a joint project of consumer protection agencies from around the world that provides information for international consumers and facilitates cross-border complaints. Take legal action If your dispute has not been resolved, you can take it to the relevant court or tribunal. However, legal action can be costly and may only be worth pursuing if the dispute concerns a significant sum of money. Legal action against an overseas trader is significantly more expensive than against a local trader, and even if you are successful, a judgment may be too difficult to enforce. Before proceeding, obtain legal advice about your prospects of recovering damages and an estimate of your legal costs. Managing access to internet content Many people are concerned about children encountering inappropriate material on the internet. This section outlines how internet material is regulated in Australia, how children can be kept safe, and where to find more information. Australia’s internet content regulation scheme Australia’s scheme for regulating internet content is administered by the federal government. It is co- regulatory, meaning that the internet industry and the community are also involved. The scheme is guided by industry practicalities and the principle that what is restricted offline should also be restricted online. Internet content is regulated by a public complaints procedure, laws, and industry codes of practice. What material can be complained about? Anyone can complain about internet content they feel is objectionable. The specific procedure and solutions vary, depending on the nature and source of the material. For more information, contact ACMA (www.acma.gov.au) or the Australian eSafety Commissioner (www.esafety.gov.au) . Classifications Internet content is classified using the same categories as used for films and computer games, as follows. RC (Refused Classification) content cannot be legally hosted on an internet site in Australia, just as a RC film cannot legally be brought into the country. Material is refused classification if it is deemed to deal with sensitive topics like sex, drug misuse, crime and violence in a way that offends against the standards of reasonable adults, or offensively depicts a person who is or appears to be under 16. X-rated material (i.e. depictions of actual sexual activity) is also prohibited on the internet, as are X-rated films in most states (except the ACT and the Northern Territory). Content that contains real depictions of actual sexual activity between consenting adults, and is classified as unsuitable for a minor to see – and does not fall into the RC category – is classified X. However, some films can be exempt from classification; for example, if they are screened