The Australian Under the Australian Consumer Law, a person who buys goods or services for less than $40 000 or for personal or home use. Law (ACL) creates a set of minimum standards, called consumer guarantees, that apply when a consumer buys goods or services from an Australian supplier, manufacturer or importer. The consumer guarantees are Found in a statute of delegated legislation. For example, a statutory authority or body is aperson or organisation that has special powers given by parliament to do work for the public benefit. implied conditions or warranties of the An agreement that the law will enforce..
Australian Consumer Law
The Australian Consumer Law (ACL) is Extra information accompanying an Act of parliament or a contract, such as tables, lists or forms. 2 of the Competition and Consumer A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. 2010 (Cth).
There are parallel statutory warranties in the Australian Securities and Investments Commission Act 2001 (Cth) (‘ASIC Act’) that financial services A document that sets out what a person wants to happen to their money and other property after they die. be provided with due care and skill, and that they will be fit for their purpose.
When a consumer buys goods, the seller is required by the ACL to A binding promise made as reassurance that another person will carry out their legal obligations (e.g. paying a debt). The person making the promise is called a guarantor. If the person being guaranteed fails to pay, the guarantor becomes responsible for the debt. that:
- the goods are acceptable quality;
- the goods are fit for any disclosed purpose;
- the goods match their description, sample or demonstration model;
- it will honour any A verbal or written promise made about a product when it is offered for sale, which would naturally encourage people to buy the goods (e.g. a sales person saying a toaster will last for six years). Breach of an express warranty can give rise to a right to sue for damages.;
- the consumer has title to the goods, undisturbed (1) Having control over property. Possession is not the same as ownership. For example, a bicycle you have borrowed from a friend is in your possession but you do not own it. (2) Having illegal drugs on your person or property. of the goods, and there are no undisclosed securities.
When a consumer buys goods, the manufacturer is required by the ACL to guarantee that:
- the goods are acceptable quality;
- the goods match their description;
- it will honour any express A promise in a contract. For example, a promise by a manufacturer that goods will be repaired or replaced if they turn out to be faulty.;
- it will provide repairs and spare parts for a reasonable time.
When a consumer buys services, the Formal delivery of legal documents to a person to tell them there are court proceedings against them which they must defend, or to make sure a witness in a case knows when they have to go to court to give evidence. provider guarantees that:
- the services will be provided with due care and skill;
- the services will be fit for any specified purpose;
- the services will be provided within a reasonable time.
If the goods or services fail to comply with one of the consumer guarantees, the consumer may have access to a number of remedies, including repair, replacement, refund, compensation or cancellation of the contract. These remedies apply in addition to any remedy under contract or an express warranty.
The ACL is set out in schedule 2 of the Competition and Consumer Act 2010 (Cth) and has applied since 1 January 2011. Different laws apply to goods and services purchased before 2011.
The ACCC, ASIC and the state and territory consumer protection agencies have jointly published Consumer Guarantees: A Guide for Consumers (2021 edn), which assisted in the writing of this chapter. This guide is available at www.accc.gov.au.