The Australian consumer law after the first three years - is it a success?

Article


Taylor, Des and McNamara, Noeleen. 2014. "The Australian consumer law after the first three years - is it a success?" Curtin Law and Taxation Review. 1 (1), pp. 96-132.
Article Title

The Australian consumer law after the first three years - is it a success?

ERA Journal ID210359
Article CategoryArticle
AuthorsTaylor, Des (Author) and McNamara, Noeleen (Author)
Journal TitleCurtin Law and Taxation Review
Journal Citation1 (1), pp. 96-132
Number of Pages37
Year2014
Place of PublicationAustralia
ISSN2203-5028
Abstract

The Australian Consumer Law (ACL), which is located in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (CCA), came into force on 1 January 2011. A main reason for the ACL was to create a single Australia-wide regime, which would replace the myriad of consumer protection provisions contained in the Trade Practices Act 1974 (Cth) (TPA) and the various State and Territory legislation the majority of which being the State Fair Trading Acts. The hope was that this new single Australia-wide regime approach to consumer protection would bring with it greater legal certainty than previously, especially for businesses operating in more than one of the Australian jurisdictions (a common feature in today's business world). However, a consolidation of the existing law was not the only goal; several other significant changes were also implemented, one of which was an increase in the enforcement powers of the Australian Competition and Consumer Commission (ACCC). Now that it has been in force for three years, it is timely to assess whether or not the ACL has been a success. This is an area of the law that is particularly important since various provisions of the ACL apply not just to consumer law matters.

KeywordsAustralian consumer law; ACL; schedule 2 of the Competition and Consumer Act 2010 (Cth); CCA; consumer protection; legal certainty
ANZSRC Field of Research 2020480506. Litigation, adjudication and dispute resolution
500102. Business ethics
480699. Private law and civil obligations not elsewhere classified
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Byline AffiliationsSchool of Law and Justice
Institution of OriginUniversity of Southern Queensland
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