AUSTRALIAN CONSUMER LAW

Consumer law focuses on remedies available to protect the consumer from inferior, adulterated, hazardous or deceptively advertised products & deceptive or fraudulent sales practices.

Australian consumer protection law is derived primarily from the Trade Practices Act 1974. The Act covers anti-competitive & unfair market practices, mergers or acquisitions of companies and product safety & liability.

The Australian Competition and Consumer Commission is an independent statutory authority established to administer the TPA 1974, the Prices Surveillance Act 1983 and additional responsibilities as defined under other legislation.

The Commission is the only national agency dealing generally with competition matters and the only agency with responsibility for enforcement of the Trade Practices Act and the associated State/Territory application legislation.

CONSUMER PROTECTION

The Commission's consumer protection work complements that of State and Territory consumer affairs agencies, which administer the mirror legislation of their jurisdictions. Consumer protection provisions include unfair trading practices like:

• Misleading or deceptive conduct
• Misleading pricing or product representation
• Debt collection & harassment
• Scams & pyramid selling
• Reward points and loyalty schemes
• Bait advertising
• Misleading or false labeling of goods
• Accepting payment without intending or being able to supply as ordered
• Internet shopping
• Harassment and coercion
• Credit card surcharges & hidden bank fees
• Unsolicited goods and marketing

Under the TPA, consumers also have rights regarding product safety and product information such as:

• Warning notice to public
• Product safety standards and unsafe goods
• Product information standards
• Compulsory product recall
• Warranties and refunds

PRODUCT LIABILITY CLAIMS

One of the largest practice areas of consumer law relates to product liability claims. This includes those actions brought to enforce, redress, or protect private rights. Typically, a sum of money is assessed for violations of consumer law.

Numerous theories of recovery can be brought under single or multiple causes of action. They include negligence, strict liability, breach of express warranty, breach of implied warranty, and in some situations, absolute liability.

In most cases damages are sought for personal injury. Sometimes, such as in the asbestos case, damages are available for economic loss. In certain cases, punitive damages are awarded.

CONSUMER POLICY ONLINE

Consumers Online is the Commonwealth government's “One-stop-shop” for consumer protection information in Australia and provides important information on consumer publications, product recalls & product safety, consumer complaints & enquiries and links to relevant organizations