What does the Australian Consumer Law say?
The Australian Consumer Law (ACL) covers consumer rights across a number of areas. The law itself is long and detailed. However, the following websites outline the main aspects of the new ACL. Copy and then complete the following table by giving a brief summary of what the ACL says about each of the following issues. Use the websites below to help you complete the table:
http://www.consumerlaw.gov.au/content/the_acl/downloads/ACL_an_introduction_November_2010.pdf (pages 5-8)
http://www.theage.com.au/money/tools-an d -guides/consumer-protection-laws-20100527-wg 2 q.html
Area of consumer rights
Brief summary of what the ACL says
Unfair business practices
Unfair contract terms
Compliance and enforcement
Under the ACL, it is unlawful to engage in misleading or deceptive conduct in the course of business. Civil remedies are available for breaching these laws. Fines and criminal sanctions do not apply. It is also illegal to make false or misleading representations in the course of business.
(A misrepresentation is a false or misleading account of the nature of a product, e.g. socks are made from wool when in fact they are made from polyester and cotton.) Making false and misleading representations is an offence and can lead to fines of up to $1.1 million for a corporation or $220 000 for an individual.
This section of the law also covers unconscionable conduct by businesses, representations about the country of origin of goods and the level of information that should be provided to consumers about goods purchased.
A more detailed explanation of the law is contained in the following guide, particularly on pages 6-11: http://transition.accc.gov.au/content/item.phtml?itemId=964212&nodeId=6a9626e46bfa20fe98723724ed47375c&fn= A voiding%20Unfair%20Business%20Practices%20a%20guide%20for%20businesses%20and % 20legal%20practitioners.pdf
a. Read pages 6-11 of the above guide. Using examples, distinguish between misleading or deceptive conduct and false or misleading representations.
b. Refer to pages 6-11 of the above guide...