Sunday, August 18, 2019

Australian Consumer Law within the Competition and Consumer Act 2010 (A

Australian Consumer Law is a uniform law nationally, meant to protect the consumer and help them have a fair trading environment. It has three general protections which are; specific bans on unconscionable conduct in some business transactions and consumer transactions, and a general ban on unconscionable conduct in commerce or trade, a general ban on deceptive or misleading conduct in commerce or trade, and a provision that nullifies unfair contract terms in consumer contracts . This paper is a discussion about Australian Consumer Law, focusing on what it is, how it is applied, the difference from the previous law, its sections; specifically section 18, the effect on State laws, and its limits considering the common law application. These are discussed under specific questions as given below. What is the application of the ACL in Australia? How was the introduction of new legislation important for the whole of Australia? Is the legislation state or Commonwealth legislation? The Australian Consumer law is single national law about fair trading and consumer protection. It is uniform in each State and Territory, as well as nationally. This law was implemented in January 2011, and provides the consumers with the same expectations and protections about business conduct in Australia. Businesses are also guided by this law about their obligation whenever they operate in Australia. The Australian Consumer Law is a replacement of 20 different national consumer laws and applies as the Commonwealth law of Australia. It clarifies understanding of the law for businesses as well as consumers . It is an agenda to the Competition and Consumer Act 2010, and it is implemented by all Australian courts and tribunals including those of Territo... ...ational_reforms_to_consumer_laws.page---LX Queensland Government, 2013, Office of Fair Trading: Australian Consumer Law. Retrieved from: http://www.fairtrading.qld.gov.au/australian-consumer-law.htm---L2 The Law Hand Book, 2013, Australian consumer law. Retrieved from: http://www.lawhandbook.org.au/handbook/ch12s03s01.php---L6---L5 Toth, R., 2014,The Australian Consumer Law: 10 Key Changes for Australian Business. Retrieved from; http://www.wisewouldmahony.com.au/index.php?id=314---L4 Wadlow, C., 2011, The Law of Passing-off: Unfair Competition by Misrepresentation, London, Sweet & Maxwell.---L7 Vout, P., 2013, Unconscionability and good faith in business transactions, National Commercial Law Seminar Series. Retrieved from: http://www.law.monash.edu.au/centres/commercial-law-group/unconscionability-and-good-faith-in-business-transactions-paul-vout.pdf--K2

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