Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010
- Schedule 2 Table of Contents

The Australian Consumer Law

• 1 Application of this Schedule
• 2 Definitions
• 3 Meaning of consumer
• 4 Misleading representations with respect to future matters
• 5 When donations are treated as supplies or acquisitions
• 6 Related bodies corporate
• 7 Meaning of manufacturer
• 8 premises
• 9 Meaning of safety defect in relation to goods
• 10 Asserting a right to payment
• 11 References to acquisition, supply
• 12 Application of Schedule in relation to leases and licences of land and buildings
• 13 Loss or damage to include injury
• 14 Meaning of continuing credit contract
• 15 Contraventions of this Schedule
• 16 Severability
• 17 References to provisions in this Schedule
• 18 Misleading or deceptive conduct
• 19 Application of this Part to information providers
• 20 Unconscionable conduct within the meaning of the unwritten law
• 21 Unconscionable conduct in connection with services
• 22 Matters the court may have regard to for the purposes of section 21
• 22A Presumptions relating to whether representations are misleading
• 23 Unfair terms of consumer contracts
• 24 Meaning of unfair
• 25 Examples of unfair terms
• 26 Terms that define main subject matter of consumer contracts etc. are unaffected
• 27 Standard form contracts
• 28 Contracts to which this Part does not apply
• 28A This Part does not apply to certain contracts connected with financial markets
• 29 False or misleading representations about services
• 30 False or misleading representations about sale etc. of land
• 31 Misleading conduct relating to employment
• 32 Offering rebates, gifts, prizes etc.
• 33 Misleading conduct as to the nature etc. of goods
• 34 Misleading conduct as to the nature etc. of services
• 35 Bait advertising
• 36 Wrongly accepting payment
• 37 Misleading representations about certain business activities
• 38 Application of providers
• 39 Unsolicited cards etc.
• 40 Assertion of right to payment for unsolicited services
• 41 Liability etc. of recipient for unsolicited goods
• 42 Liability of recipient for unsolicited services
• 43 Assertion of right to payment for unauthorised entries or advertisements
• 44 Participation in pyramid schemes
• 45 Meaning of pyramid scheme
• 46 Marketing schemes
• 47 Multiple pricing
• 48 Single price to be specified in certain circumstances
• 49 Referral selling
• 50 Harassment and coercion
• 51 Guarantee as to title
• 52 Guarantee as to undisturbed possession
• 53 Guarantee as to undisclosed securities etc.
• 54 Guarantee as to acceptable quality
• 56 Guarantee relating to the goods by description
• 57 Guarantees relating to the goods by sample or demonstration model
• 58 Guarantee as to repairs and spare parts
• 59 Guarantee as to express warranties
• 60 Guarantee as to due care and skill
• 61 Guarantees as to fitness for a particular purpose etc.
• 62 Guarantee as to reasonable time for supply
• 63 Services to which this Subdivision does not apply
• 64 Guarantees not to be excluded etc. by contract
• 64A Limitation of liability for failures to comply with guarantees
• 65 Application of this Division to supplies of gas, electricity and telecommunications
• 66 Display notices
• 67 Conflict of laws
• 68 Convention on Goods
• 69 Meaning of unsolicited consumer agreement
• 70 Presumption that agreements
• 71 Meaning of dealer
• 72 Meaning of negotiation
• 73 Permitted hours for negotiating an unsolicited consumer agreement
• 74 Disclosing purpose and identity
• 75 Ceasing to negotiate on request
• 76 Informing person of termination period etc.
• 77 Liability of suppliers for contraventions by dealers
• 78 document to the consumer
• 79 agreements etc.
• 80 Additional agreements not negotiated by telephone
• 81 agreements
• 82 Terminating an unsolicited consumer agreement during the termination period
• 83 Effect of termination
• 84 Obligations of suppliers on termination
• 85 Obligations and rights of consumers on termination
• 86 Prohibition on supplies etc.
• 87 Repayment of payments received after termination
• 88 Prohibition on recovering amounts after termination
• 89 Certain agreements void
• 90 Waiver of rights
• 91 Application of this Division to persons to whom rights of consumers and suppliers are assigned etc.
• 92 Application of this Division to supplies to third parties
• 93 Effect of contravening this Division
• 94 Regulations may limit the application of this Division
• 95 Application of this Division to certain conduct covered by the Corporations Act
• 96 Lay - by agreements must be in writing etc.
• 97 Termination of lay - by agreements by consumers
• 98 Termination of lay - by agreements by suppliers
• 99 Effect of termination
• 99A Meaning of gift card
• 99B Gift cards to be redeemable for at least 3 years
• 99C When gift card ceases to be redeemable to appear prominently on gift card
• 99D Terms and conditions not to allow post - supply fees
• 99E Post - supply fees not to be demanded or received
• 99F Certain terms and conditions of gift card void
• 99G Regulations may limit application of this Division
• 100 Supplier must provide proof of transaction etc.
• 101 Consumer may request an itemised bill
• 102 Prescribed requirements for warranties against defects
• 103 Repairers must comply with prescribed requirements
• 104 Making safety standards for consumer services
• 105 Declaring safety standards for consumer services
• 106 goods that do not comply with safety standards
• 107 services that do not comply with safety standards
• 108 Requirement to nominate a safety standard
• 109 Interim bans on consumer services that will or may cause injury to any person etc.
• 110 Places in which interim bans apply
• 111 Ban period for interim bans
• 112 Interaction of multiple interim bans
• 113 Revocation of interim bans
• 114 Permanent bans on consumer services
• 115 Places in which permanent bans apply
• 116 When permanent bans come into force
• 117 Revocation of permanent bans
• 118 goods covered by a ban
• 119 services covered by a ban
• 120 Temporary exemption under the Trans - Tasman Mutual Recognition Act 1997
• 121 Temporary exemption under the Mutual Recognition Act 1992
• 122 Compulsory recall of consumer goods
• 123 Contents of a recall notice
• 124 Obligations of a supplier in relation to a recall notice
• 125 Notification by persons who Australia if there is compulsory recall
• 126 Interaction of multiple recall notices
• 127 Compliance with recall notices
• 128 Notification goods
• 129 Safety warning notices about consumer services
• 130 Announcement of the results of an investigation etc.
• 131 Suppliers to report consumer associated with the death or serious injury or illness of any person
• 132 Suppliers to report product related associated with the death or serious injury or illness of any person
• 132A Confidentiality of notices given under this Division
• 133 Liability under a contract of insurance
• 134 Making information standards for services
• 135 Declaring information standards for services
• 136 goods that do not comply with information standards
• 137 services that do not comply with information standards
• 137A Safe harbour for complying with information standards about free range eggs
• 138 Liability for loss or damage suffered by an injured individual
• 139 Liability for loss or damage suffered by a person other than an injured individual
• 140 Liability for loss or damaged
• 141 Liability for loss or damaged
• 142 Defences to defective goods actions
• 143 Time for commencing defective goods actions
• 144 Liability joint and several
• 145 Survival of actions
• 146 No defective goods action where workers' compensation law etc. applies
• 147 Unidentified manufacturer
• 148 Commonwealth liability for goods that are defective only because of compliance with Commonwealth mandatory standard
• 149 Representative actions by the regulator
• 150 Application of all or any provisions of this Part etc. not to be excluded or modified
• 151 False or misleading representations about services
• 152 False or misleading representations about sale etc. of land
• 153 Misleading conduct relating to employment
• 154 Offering rebates, gifts, prizes etc.
• 155 Misleading conduct as to the nature etc. of goods
• 156 Misleading conduct as to the nature etc. of services
• 157 Bait advertising
• 158 Wrongly accepting payment
• 159 Misleading representations about certain business activities
• 160 Application of providers
• 161 Unsolicited cards etc.
• 162 Assertion of right to payment for unsolicited services
• 163 Assertion of right to payment for unauthorised entries or advertisements
• 164 Participation in pyramid schemes
• 165 Multiple pricing
• 166 Single price to be specified in certain circumstances
• 167 Referral selling
• 168 Harassment and coercion
• 169 Display notices
• 170 Permitted hours for negotiating an unsolicited consumer agreement
• 171 Disclosing purpose and identity
• 172 Ceasing to negotiate on request
• 173 Informing person of termination period etc.
• 174 document to the consumer
• 175 agreements etc.
• 176 Additional agreements not negotiated by telephone
• 177 agreements
• 178 Obligations of suppliers on termination
• 179 Prohibition on supplies etc.
• 180 Repayment of payments received after termination
• 181 Prohibition on recovering amounts after termination
• 182 Certain agreements void
• 183 Waiver of rights
• 184 Application of this Division to persons to whom rights of consumers and suppliers are assigned etc.
• 185 Application of this Division to supplies to third parties
• 186 Regulations may limit the application of this Division
• 187 Application of this Division to certain conduct covered by the Corporations Act
• 188 Lay - by agreements must be in writing etc.
• 189 Termination charges
• 190 Termination of lay - by agreements by suppliers
• 191 Refund of amounts
• 191A Gift cards to be redeemable for at least 3 years
• 191B When gift card ceases to be redeemable to appear prominently on gift card
• 191C Terms and conditions not to allow post - supply fees
• 191D Post - supply fees not to be demanded or received
• 191E Regulations may limit the application of this Division
• 192 Prescribed requirements for warranties against defects
• 193 Repairers must comply with prescribed requirements
• 194 goods that do not comply with safety standards
• 195 services that do not comply with safety standards
• 196 Requirement to nominate a safety standard
• 197 goods covered by a ban
• 198 services covered by a ban
• 199 Compliance with recall orders
• 200 Notification by persons who Australia if there is compulsory recall
• 201 Notification goods
• 202 Suppliers to report consumer associated with the death or serious injury or illness of any person
• 203 goods that do not comply with information standards
• 204 services that do not comply with information standards
• 205 Compliance with substantiation notices
• 206 False or misleading information etc.
• 207 Reasonable mistake of fact
• 208 Act or default of another person etc.
• 209 Publication of advertisements in the ordinary course of business
• 210 supply
• 211 supply
• 212 Prosecutions to be commenced within 3 years
• 213 Preference must be given to compensation for victims
• 214 Penalties for contraventions of the same nature etc.
• 215 Penalties for previous contraventions of the same nature etc.
• 216 Granting of injunctions etc.
• 217 Criminal proceedings not to be brought for contraventions of Chapter 2 or 3
• 218 Regulator may accept undertakings
• 219 Regulator may require claims to be substantiated etc.
• 220 Extending periods for complying with substantiation notices
• 221 Compliance with substantiation notices
• 222 False or misleading information etc.
• 223 Regulator may issue a public warning notice
• 224 Pecuniary penalties
• 225 Pecuniary penalties and offences
• 226 Defence
• 227 Preference must be given to compensation for victims
• 228 Civil action for recovery of pecuniary penalties
• 229 Indemnification of officers
• 230 Certain indemnities not authorised and certain documents void
• 232 Injunctions
• 233 Consent injunctions
• 234 Interim injunctions
• 235 Variation and discharge of injunctions
• 236 Actions for damages
• 237 Compensation orders etc. on application by an injured person or the regulator
• 238 Compensation orders etc. arising out of other proceedings
• 239 Orders to redress etc. loss or damage suffered by non - parties
• 240 Determining whether to make a redress order etc. for non - parties
• 241 When a non - party is bound by a redress order etc.
• 243 Kinds of orders that may be made
• 243A Orders made in favour of contract containing unfair term
• 243B Orders made on application of the regulator to prevent and remedy unfair contract terms
• 245 Interaction with other provisions
• 246 Non - punitive orders
• 247 Adverse publicity orders
• 248 Order disqualifying a person from managing corporations
• 249 Privilege against exposure to corporations
• 250 contracts
• 251 Publication of advertisement in the ordinary course of business
• 252 supply
• 253 supply
• 254 Overview
• 255 Country of origin representations do not contravene certain provisions
• 258 Proceedings relating to false, misleading or deceptive conduct or representations
• 259 Action against suppliers of goods
• 260 When a failure to comply with a guarantee is a major failure
• 261 How suppliers may remedy a failure to comply with a guarantee
• 262 When consumers are not entitled to reject goods
• 263 Consequences of rejecting goods
• 264 Replaced goods
• 265 Termination of goods
• 266 Rights of gift recipients
• 267 Action against suppliers of services
• 268 When a failure to comply with a guarantee is a major failure
• 269 Termination of services
• 270 Termination of services
• 271 Action for goods
• 272 goods
• 273 Time limit for actions against manufacturers of goods
• 274 Indemnification of suppliers by manufacturers
• 275 Limitation of liability etc.
• 276 This Part not to be excluded etc. by contract
• 276A Limitation in certain circumstances of liability of manufacturer to seller
• 277 Representative actions by the regulator
• 278 Liability of suppliers and linked credit contracts
• 279 Action by consumer to recover amount of loss or damage
• 280 Cases where a linked credit provider is not liable
• 281 Amount of liability of linked credit providers
• 282 Counter - claims and offsets
• 283 Enforcement of judgments etc.
• 284 Award of interest to consumers
• 285 Liability of suppliers to linked credit providers to suppliers
• 286 Joint liability proceedings and recovery under section 135 of the National Credit Code
• 287 Liability of suppliers and credit contracts
• 288 Application of amendments relating to lay - by agreements
• 289 Application of amendment relating to repairs
• 290 Saving of regulations relating to repairs
• 290A Application
• 291 Application of amendments relating to confidentiality of notices
• 292 Application of amendments relating to prohibition on supplies
• 295 Application of amendments
• 296 Application--listed public companies
• 297 Application--unsolicited supplies
• 298 Application--unsolicited consumer agreements
• 299 Application--single price
• 300 Application--non - punitive orders
• 301 Application--guarantees relating to the services
• 302 Application of amendments relating to gift cards
• 303 Application of amendments relating to multiple non - major consumer guarantee failures
• 304 Application of amendments relating to penalties
• 305 Application of amendments relating to unfair contract terms