Australian Consumer Law
Encyclopedia
The Australian Consumer Law is uniform legislation for consumer protection, applying as a law of the Commonwealth of Australia and of each of Australia's states and territories
. The law commenced on 1 January 2011, replacing 20 different consumer laws across the Commonwealth and the states and territories. The text of the law is a schedule to the Commonwealth Competition and Consumer Act 2010
, which is incorporated into the law of each state and territory by reference in separate fair trading acts
.
The law was developed by agreement of the Council of Australian Governments
.
The provisions of the Australian Consumer Law broadly reflects the provisions previously afforded by the Trade Practices Act 1974
, although some additional protections have been added. The Australian Consumer Law also generally reflects most of the consumer protection provisions of the fair trading legislation in each state and territory.
Implementing identical consumer protection laws at Commonwealth and state/territory levels promotes consistency between jurisdictions. It will also make it easier for the Federal Parliament to amend the provisions which will then be reflected in the laws of the states and territories without the parliaments of each jurisdiction needing to debate and enact the amendments separately, although the states and territories reserve the right not to implement any amendments within their own jurisdiction.
States and territories of Australia
The Commonwealth of Australia is a union of six states and various territories. The Australian mainland is made up of five states and three territories, with the sixth state of Tasmania being made up of islands. In addition there are six island territories, known as external territories, and a...
. The law commenced on 1 January 2011, replacing 20 different consumer laws across the Commonwealth and the states and territories. The text of the law is a schedule to the Commonwealth Competition and Consumer Act 2010
Competition and Consumer Act 2010
The Competition and Consumer Act 2010 is an act of the Parliament of Australia. On 1 January 2011 the Trade Practices Act 1974 was renamed the Competition and Consumer Act 2010. The act provides for protection of consumers and prevents some restrictive trade practices of companies. It is the key...
, which is incorporated into the law of each state and territory by reference in separate fair trading acts
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
.
The law was developed by agreement of the Council of Australian Governments
Council of Australian Governments
The Council of Australian Governments is an organisation consisting of the federal government, the governments of the six states and two mainland territories and the Australian Local Government Association. It was established in May 1992 after agreement by the then Prime Minister, Premiers and...
.
The provisions of the Australian Consumer Law broadly reflects the provisions previously afforded by the Trade Practices Act 1974
Trade Practices Act 1974
The Competition and Consumer Act 2010 is an act of the Parliament of Australia. On 1 January 2011 the Trade Practices Act 1974 was renamed the Competition and Consumer Act 2010. The act provides for protection of consumers and prevents some restrictive trade practices of companies. It is the key...
, although some additional protections have been added. The Australian Consumer Law also generally reflects most of the consumer protection provisions of the fair trading legislation in each state and territory.
Implementing identical consumer protection laws at Commonwealth and state/territory levels promotes consistency between jurisdictions. It will also make it easier for the Federal Parliament to amend the provisions which will then be reflected in the laws of the states and territories without the parliaments of each jurisdiction needing to debate and enact the amendments separately, although the states and territories reserve the right not to implement any amendments within their own jurisdiction.