- Trade Practices Amendment (AustralianConsumer Law) Act (No. 2) 2010
- Contents
- Schedule 1—The Australian Consumer Law
- Schedule 2—Application of the Australian Consumer Law
- Schedule 3—Amendment of the Corporations legislation
- Schedule 4—Enforcement of industry codes
- Schedule 5—Other amendments of the Trade Practices Act1974
- Schedule 6—Amendment of other Acts to change references tothe Trade Practices Act 1974
- Schedule 7—Transitional matters
- Trade Practices Amendment (AustralianConsumer Law) Act (No. 2) 2010
- The Parliament of Australia enacts:
- 1 Short title
- 2 Commencement
- 3 Schedule(s)
- Schedule 1—The Australian Consumer Law
- Schedule 2—The Australian Consumer Law
- Chapter 1—Introduction
- Chapter 2—General protections
- Chapter 4—Offences
- Part 4-1—Offences relating to unfair practices
- Part 4-2—Offences relating to consumer transactions
- Part 4-3—Offences relating to safety of consumer goods andproduct related services
- Part 4-4—Offences relating to information standards
- Part 4-5—Offences relating to substantiation notices
- Part 4-6—Defences
- Part 4-7—Miscellaneous
- Chapter 5—Enforcement and remedies
- Chapter 1—Introduction
- 1 Application of this Schedule
- 2 Definitions
- 3 Meaning of consumer
- 4 Misleading representations with respect to future matters
- 5 When donations are treated as supplies or acquisitions
- 6 Related bodies corporate
- 7 Meaning of manufacturer
- 8 Goods affixed to land or premises
- 9 Meaning of safety defect in relation to goods
- 10 Asserting a right to payment
- 11 References to acquisition, supply and re-supply
- 12 Application of Schedule in relation to leases and licences of landand buildings
- 13 Loss or damage to include injury
- 14 Meaning of continuing credit contract
- 15 Contraventions of this Schedule
- 16 Severability
- 17 References to provisions in this Schedule
- Chapter 2—General protections
- Part 2-1—Misleading or deceptive conduct
- Part 2-2—Unconscionable conduct
- Part 2-3—Unfair contract terms
- Chapter 3—Specific protections
- Part 3-1—Unfair practices
- Division 1—False or misleading representations etc.
- 29 False or misleading representations about goods or services
- 30 False or misleading representations about sale etc. of land
- 31 Misleading conduct relating to employment
- 32 Offering rebates, gifts, prizes etc.
- 33 Misleading conduct as to the nature etc. of goods
- 34 Misleading conduct as to the nature etc. of services
- 35 Bait advertising
- 36 Wrongly accepting payment
- 37 Misleading representations about certain business activities
- 38 Application of provisions of this Division to informationproviders
- Division 2—Unsolicited supplies
- Division 3—Pyramid schemes
- Division 4—Pricing
- Division 5—Other unfair practices
- Division 1—False or misleading representations etc.
- Part 3-2—Consumer transactions
- Division 1—Consumer guarantees
- Subdivision A—Guarantees relating to the supply of goods
- 51 Guarantee as to title
- 52 Guarantee as to undisturbed possession
- 53 Guarantee as to undisclosed securities etc.
- 54 Guarantee as to acceptable quality
- 55 Guarantee as to fitness for any disclosed purpose etc.
- 56 Guarantee relating to the supply of goods by description
- 57 Guarantees relating to the supply of goods by sample ordemonstration model
- 58 Guarantee as to repairs and spare parts
- 59 Guarantee as to express warranties
- Subdivision B—Guarantees relating to the supply of services
- Subdivision C—Guarantees not to be excluded etc. by contract
- Subdivision D—Miscellaneous
- Subdivision A—Guarantees relating to the supply of goods
- Division 2—Unsolicited consumer agreements
- Division 3—Lay-by agreements
- Division 4—Miscellaneous
- Part 3-3—Safety of consumer goods and productrelated services
- Part 3-4—Information standards
- Part 3-5—Liability of manufacturers for goods withsafety defects
- Chapter 4—Offences
- Part 4-1—Offences relating to unfair practices
- Part 4-2—Offences relating to consumertransactions
- Part 4-3—Offences relating to safety of consumergoods and product related services
- Part 4-4—Offences relating to informationstandards
- Part 4-5—Offences relating to substantiationnotices
- Part 4-6—Defences
- Part 4-7—Miscellaneous
- Chapter 5—Enforcement and remedies
- Schedule 2—Application of the AustralianConsumer Law
- Part XI—Application of the Australian ConsumerLaw as a law of the Commonwealth
- Division 1—Preliminary
- Division 2—Application of the Australian Consumer Lawas a law of the Commonwealth
- Division 3—Conferences for proposed bans and recallnotices
- Division 4—Enforcement
- Division 5—Infringement notices
- Division 6—Search, seizure and entry
- Division 7—Remedies
- Division 8—Jurisdictional matters
- Division 9—Miscellaneous
- Part XIAA—Application of the AustralianConsumer Law as a law of a State orTerritory
- Part XI—Application of the Australian ConsumerLaw as a law of the Commonwealth
- Schedule 3—Amendment of the Corporationslegislation
- Schedule 4—Enforcement of industry codes
- Schedule 5—Other amendments of the TradePractices Act 1974
- Schedule 6—Amendment of other Acts to change references to the TradePractices Act 1974
- Part 1—Bulk amendments
- Agricultural and Veterinary Chemicals Code Act 1994
- Australian Communications and Media Authority Act 2005
- Australian Maritime Safety Authority Act 1990
- Broadcasting Services Act 1992
- Crimes Act 1914
- Customs Act 1901
- Environment Protection and Biodiversity Conservation Act1999
- Patents Act 1990
- Radiocommunications Act 1992
- Telecommunications Act 1997
- Telecommunications (Consumer Protection and ServiceStandards) Act 1999
- Telecommunications (Interception and Access) Act 1979
- Trade Marks Act 1995
- Wheat Export Marketing Act 2008
- Part 2—Other amendments
- Agricultural and Veterinary Chemicals Act 1994
- Agricultural and Veterinary Chemicals (Administration) Act1992
- Agricultural and Veterinary Chemicals Code Act 1994
- Food Standards Australia New Zealand Act 1991
- Olympic Insignia Protection Act 1987
- Radiocommunications Act 1992
- Wheat Export Marketing Act 2008
- Schedule 7—Transitional matters
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010
Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/)
1 Short title...........................................................................................1 2 Commencement.................................................................................2 3 Schedule(s)........................................................................................3
Schedule 1—The Australian Consumer Law 4 Trade Practices Act 1974 4
Schedule 3—Amendment of the Corporations legislation 337 Australian Securities and Investments Commission Act 2001 337 Corporations Act 2001 349
Schedule 5—Other amendments of the Trade Practices Act 1974 358 Schedule 6—Amendment of other Acts to change references to the Trade Practices Act 1974 374 Part 1—Bulk amendments 374 Administrative Decisions (Judicial Review) Act 1977 374 Agricultural and Veterinary Chemicals Code Act 1994 374 Airports Act 1996 374 Air Services Act 1995 375 Anti-Money Laundering and Counter-Terrorism Financing Act 2006 375 Australian Communications and Media Authority Act 2005 376 Australian Energy Market Act 2004 376 Australian Maritime Safety Authority Act 1990 376 Australian Postal Corporation Act 1989 376 Banking Act 1959 377 Broadcasting Services Act 1992 377 Crimes Act 1914 378 Customs Act 1901 378
Do Not Call Register Act 2006 378 Environment Protection and Biodiversity Conservation Act 1999 378 Evidence and Procedure (New Zealand) Act 1994 378 Federal Court of Australia Act 1976 378 Financial Sector (Business Transfer and Group Restructure) Act 1999 379 Health Insurance Commission (Reform and Separation of Functions) Act 1997 379 Insurance Act 1973 379 Jurisdiction of Courts (Cross-vesting) Act 1987 379 Life Insurance Act 1995 380 Liquid Fuel Emergency Act 1984 380 Medibank Private Sale Act 2006 380 Northern Territory National Emergency Response Act 2007 380 Occupational Health and Safety Act 1991 380 Occupational Health and Safety (Maritime Industry) Act 1993 380 Offshore Petroleum and Greenhouse Gas Storage Act 2006 381 Patents Act 1990 381 Payment Systems (Regulation) Act 1998 381 Private Health Insurance Act 2007 381 Proceeds of Crime Act 2002 381 Protection of the Sea (Powers of Intervention) Act 1981 381 Radiocommunications Act 1992 381 Social Security (Administration) Act 1999 382 Spam Act 2003 382 Sydney Airport Demand Management Act 1997 382 Telecommunications Act 1997 383 Telecommunications (Consumer Protection and Service Standards) Act 1999 385 Telecommunications (Interception and Access) Act 1979 385 Trade Marks Act 1995 385 Trans-Tasman Proceedings Act 2010 385 Water Act 2007 385 Wheat Export Marketing Act 2008 385
Part 2—Other amendments 386 Administrative Decisions (Judicial Review) Act 1977 386 Agricultural and Veterinary Chemicals Act 1994 386 Agricultural and Veterinary Chemicals (Administration) Act 1992 386 Agricultural and Veterinary Chemicals Code Act 1994 386 Airports Act 1996 387 Anti-Money Laundering and Counter-Terrorism Financing Act 2006 387 Banking Act 1959 387 Carriage of Goods by Sea Act 1991 388 Federal Court of Australia Act 1976 388 Food Standards Australia New Zealand Act 1991 388 Insurance Act 1973 389 Jurisdiction of Courts (Cross-vesting) Act 1987 389 Motor Vehicle Standards Act 1989 389 National Transmission Network Sale Act 1998 390 Olympic Insignia Protection Act 1987 391 Radiocommunications Act 1992 392 Wheat Export Marketing Act 2008 392 Schedule 7—Transitional matters 393
An Act to amend the Trade Practices Act 1974 and the Australian Securities and Investments Commission Act 2001, and for other purposes
[Assented to 13 July 2010]
This Act may be cited as the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010.
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details The later of: 1 January 2011 However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur. The later of: 1 January 2011 However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.
5. Schedule 6, At the same time as the provision(s) covered 1 January 2011 items 48 to 141 by table item 2.
Commencement information by table item 2.
Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Repeal the Schedule, substitute:
Note: See Part XI.
No. 103, 2010
An Act to amend the Trade Practices Act 1974 and the Australian Securities and Investments Commission Act 2001, and for other purposes
Contents
Schedule 2—Application of the Australian Consumer Law 262 Trade Practices Act 1974 262
Schedule 4—Enforcement of industry codes 351 Trade Practices Act 1974 351
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010
No. 103, 2010
The Parliament of Australia enacts:
1 Short title
2 Commencement
Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 6. Schedule 6, The later of: item 142 (a) the same time as the provision(s) covered by table item 2; and (b) immediately after the commencement of section 3 of the Trans-Tasman Proceedings Act 2010. However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.
7. Schedule 6, At the same time as the provision(s) covered 1 January 2011 items 143 to 191 by table item 2. 8. Schedule 7 At the same time as the provision(s) covered 1 January 2011 3 Schedule(s)
Schedule 1—The Australian Consumer Law
Trade Practices Act 1974
1 Schedule 2
Schedule 2—The Australian Consumer Law
Chapter 1—Introduction