The document provides an overview of competition and consumer law in Australia, specifically the Australian Consumer Law (ACL). It summarizes key points of the ACL including that it replaced previous state and federal laws to create uniform consumer protections across Australia. It also discusses consumer guarantees that products must meet, such as being of acceptable quality and fit for purpose. If a product fails to meet these guarantees, consumers may be entitled to remedies like repairs, replacements or refunds depending on the severity of the failure. The ACL also establishes protections for lay-by agreements and prohibits unfair contract terms and misleading conduct from businesses.

1. Competition & Consumer Law in Australia Small Businesses------------------------------------------ Peter McLaughlin Director redchip Lawyers

3. Consumer Protection:

4. Consumer Guarantees

5. Lay-by agreements

6. Unfair contract terms

7. Avoiding Unfair Business Practices

8. Misleading or Deceptive Conduct

9. False or Misleading Representations

10. Unconscionable Conduct

11. Representations About Country of Origin

13. Introduces new law on unfair contracts

14. New national consumer guarantee provisions

15. New national lay-by provisions

16. Structure of the ACL

17. The Act renamed the Trade Practices Act (Cth) 1974 as the Competition and Consumer Act 2010 (Cth)(CCA).

18. Uniformity under the ACL across Australia:

19. Consumers have the same protections

21. Guarantees now automatically provided regardless of any warranty

22. Suppliersguarantee goods:

23. Manufactures guarantee goods:

24. Express warranties

25. Spare parts and repair facilities

27. If goods cost more than $40,000 but are used for household or domestic purposes

28. Vehicles and trailers

30. One off sales (garage sales)

31. Auction sales (where the auctioneer is agent for supplier)

32. Business purchases costing more than $40k

34. The goods will be fit for their purpose

35. The description of the goods in any catalogue is accurate

36. The goods will match any sample or demonstration model

37. Suppliers and manufacturers will honour any express warranties

38. The goods will have clear title and be free of hidden securities

40. But not if consumer changes their mind, damages the goods or were told about any defects before purchase

42. Supplier can choose refund, repair or replacement

44. reject the goods and get a refund

45. reject the goods and get replacement, or one of similar value if reasonably available, or

47. you would not have purchased the product if you had known about the problem.

48. the product is significantly different from the description, sample or demonstration model you were shown.

49. the product is substantially unfit for its normal purpose or for the purpose told to supplier (eg ski jacket is not waterproof)

51. Must reject within a reasonable time

52. Consumer must return unless cost is significant – if so supplier must collect

53. Consumer must show proof of purchase

55. Services costing more than $40,000 but used for household or domestic purposes

56. A supplier must supply services; with due care and skill which are fit for their purpose within a reasonable time

60. A lay-by agreement must be in writing and specify all the terms and conditions, including any termination charge.

61. The trader may charge a termination fee (if a lay-by agreement cancelled) of not more the trader’s ‘reasonable costs’ relating to the agreement.

62. If cancelled all amounts paid must be refunded except for the termination charge.

64. Consumer contracts  entered into on or after 1 July 2010 and to the terms of existing contracts that are renewed or changed on or after 1 July 2010.

65. 3 part test of unfairness

66. Must look at contract as a whole

67. A term is unfair if:

68. Would cause significant imbalance between the parties;

69. Not reasonably necessary to protect legitimate business interest; AND

70. Would cause detriment if used