The AustralianConsumer Law was developed by agreement of the Council of Australian Governments. The Competition and Consumer Act 2010 was enacted into legislation by the Parliament of Australia to provide a more robust framework of protection for consumer transactions within Australia. Historically the States and Territories of Australia were responsible for their own legislation protecting the sale of goods, known as the Trade Practices Act 1974, where the Australian Consumer Law expands on provisions of the fair trading legislation in each state and territory to a national legislation covering the provision of goods and services, of a consumer based nature, within Australia.
Scope
The ACL has a broad definition as to who is a "consumer", and it includes anyone who acquires: A person is still defined as a "consumer" if the good was acquired for purposes of re-supply or for the purpose of using or transforming it in trade or commerce. It accordingly extends protections relating to business behaviour, product safety and quality to businesses and farms with regard to the areas covered above. Certain provisions possess different scope in their application: These provisions are vigorously enforced. In December 2014, the Federal Court of Australia, on the application of the ACCC, issued a $10 million pecuniary penalty order against Coles Supermarkets in relation to two connected proceedings arising from payment demands by Coles to which it was not entitled by threatening harm to the suppliers that did not comply with such demands.
Administration
The ACL is administered and enforced jointly by the Australian Competition and Consumer Commission and the State and Territory consumer protection agencies, with the involvement of Australian Securities and Investment Commission on financial services matters. The following matters are regulated federally, by virtue of the corporations power: Federal jurisdiction also extends to conduct outside Australia by bodies corporate incorporated or carrying on business in Australia, Australian citizens, and persons ordinarily resident in Australia. All other matters subject to the ACL are handled by the States. Implementing identical consumer protection laws at Commonwealth and state/territory levels promotes consistency between jurisdictions. It will also make it easier for the Federal Parliament to amend the provisions which will then be reflected in the laws of the states and territories without the parliaments of each jurisdiction needing to debate and enact the amendments separately, although the states and territories reserve the right not to implement any amendments within their own jurisdiction.
