Commonwealth Numbered Regulations Commonwealth Numbered Regulations
Competition and Consumer Regulations 2010
1 Paragraph 90(1)(c)
Repeal the paragraph, substitute:
(c) a warranty against defects must include:
(i) in relation to the supply of goods only--the text mentioned in subregulation (2); or
(ii) in relation to the supply of services only--the text mentioned in subregulation (3); or
(iii) in relation to the supply of goods and services--the text mentioned in subregulation (4);
2 After subregulation 90(1)
Insert:
(1A) Paragraph (1)(c) does not apply in relation to:
(a) services mentioned in section 63 of the Australian Consumer Law; and
(b) supplies mentioned in section 65 of the Australian Consumer Law.
3 Subregulation 90(2)
Omit "For paragraph (1)(c)", substitute "For the purposes of subparagraph (1)(c)(i)".
4 After subregulation 90(2)
Insert:
(3) For the purposes of subparagraph (1)(c)(ii), the text is 'Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
* to cancel your service contract with us; and
* to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract'.
(4) For the purposes of subparagraph (1)(c)(iii), the text is 'Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
* to cancel your service contract with us; and
* to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service'.
5 In the appropriate position in Part 8
Insert:
99 Application--warranties against defects
The amendments made by Schedule 2 to the Competition and Consumer Amendment (Australian Consumer Law Review) Regulations 2018 apply in relation to warranties against defects issued on or after the day that is 12 months after the day that Schedule commences.