Legislations/Organisations

• Competition and Consumer Act 2010


  Legislation that provides consumer guarantees on goods and services, which are a consumer's automatic legal right
• Consumer guarantees on goods

  • Acceptable quality
  • Fit for purpose
  • Match the description
  • Comply with any express warranty
  • Legally owned by the seller without charges
  • Have spare parts reasonably available
• Consumer guarantees on services

  • Fit for purpose
  • Provided with reasonable skill and care
  • Provided within a reasonable time
• Fair Trading Act 1987


  Promotes fair trading between competitors, and ensures that consumers are treated fairly against misleading and deceptive trade practices
• NSW Fair Trading Agency


  State consumer protection agency that provides information and assistance to all consumers, resolves consumer complaints, checks product safety standards, ensures accuracy of scales/scanners/petrol pumps, and warns about dubious business practices
• Australian Consumer Law (ACL)

  Introduced in 2011, operates using the Competition and Consumer Act 2010, prohibits misleading and deceptive advertising, unreasonable and unethical conduct, misrepresentation of product contents/manufacture place/characteristics, unfair trade practices that restrict competition and limit consumer rights, and false claims regarding goods and services
• Australian Securities and Investments Commission (ASIC)

  Protects consumers in the areas of consumer credit, investment life, general insurance, superannuation and banking (except lending), aims to assist in reducing fraud in financial markets and products
• The Australian Competition and Consumer Commission (ACCC)

  Operates nationally for the enforcement and administration of the Competition and Consumer Act, acts as a watchdog for goods and services pricing, informs the public about their rights and responsibilities under the law
• NSW Fair Trading Office complaint process

  1. Informal conversation to explain problem

  2. Lodge written complaint and ask office to mediate

  3. Office contacts trader and tries to come to an agreement

  4. Office contacts consumer and informs of outcome
• NSW Civil and Administrative Tribunal (NCAT)


  Deals with consumer claims, tenancy issues, building works, equal opportunity and administrative review of government decisions, can order money owed not to be paid, goods/services to be provided, faulty goods to be replaced/fixed, or order for a refund or goods to be returned
• CHOICE


  Independent, non-profit, non-political consumer watchdog organisation that deals with consumer inquiries and complaints, and assists consumers to get better value for their money
• CHOICE was formed, when there were no laws governing fair trading or government consumer affairs departments


  1959