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FACT SHEET
Australian Consumer Law (Tasmania) Bill 2010
On 11 December 2006, the Productivity Commission
commenced an inquiry into Australia's consumer policy
framework. The Commission was asked to report on:
ways to improve the coordination of consumer policy
development; and
the `harmonisation' of consumer laws and their
administration across jurisdictions; and the removal of
regulatory duplication and inconsistency.
The Productivity Commission presented its final report in April
2008 and recommended the introduction of a single national
generic consumer law.
On 2 October 2008, the Council of Australian Governments
(COAG) agreed to a new consumer policy framework
comprising a single national consumer law based on the Trade
Practices Act 1974 and best practice in state and territory
consumer laws.
The Commonwealth Parliament has passed two Acts that
establish the Australian Consumer Law:
(a) the Trade Practices Amendment (Australian Consumer Law) Act
(No.1) 2010, which received Royal Assent on 14 April 2010 and
delivers key elements of the Australian Consumer Law including
provisions to regulate unfair contract terms, new enforcement
powers and consumer redress options; and
(b) the Trade Practices Amendment (Australian Consumer Law) Act
(No.2) 2010, which received Royal Assent on 13 July 2010. This
Act renames the Trade Practices Act as the Competition and
Consumer Act 2010 and establishes the bulk of the Australian
Consumer Law, which includes product safety, best practice
reforms and the existing consumer protection provisions of the
Trade Practices Act.
The Australian Consumer Law (Tasmania) Bill 2010 applies the
Australian Consumer Law (ACL), comprising Schedule 2 of the
Competition and Consumer Act 2010 of the Commonwealth, as a
law of Tasmania.
Under the National Partnership Agreement to deliver a Seamless
National Economy, all jurisdictions have agreed to commence
the ACL no later than 1 January 2011.
Implementation of the ACL will deliver enhanced consumer
protections for Tasmanian consumers. The ACL provides:
national consumer protection and fair trading laws;
enhanced enforcement powers and redress mechanisms;
a national unfair contract terms law (covering standard
form contracts);
a new national product safety regime; and
a new national law guaranteeing consumer rights when
buying goods and services, which replaces existing laws on
conditions and warranties.
Passage of the Bill will allow Tasmania to meet its COAG
commitments to implement the Australian Consumer Law.