Repeal Schedule 2 and substitute with new content.
1 Schedule 2
1 Application of this Schedule
Repeal Part and substitute with new provision
1 Part XI
10 Asserting a right to payment
10 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Asserting a right to payment from another person
10(1) Asserting a right to payment
(1) A person is taken to assert a right to payment from another person...
Establishes the person who sent an invoice or document as the sender unless proven otherwise.
10(2) Asserting a right to payment
Establishes a claim about who sent the invoice or document.
100 Supplier must provide proof of transaction etc.
100 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Compensation is recoverable in a court of competent jurisdiction.
100(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The compensation can be recovered within the next year.
Temporal interval for recovery of compensation
(4) The compensation is recoverable in a court of competent jurisdiction.
The trade practices amendment implies the recovery of compensation.
Implication for trade practices amendment
The entity recognized as the state must provide compensation.
The obligation to provide compensation propagates to the state.
Consumer is not liable for damage or depreciation due to normal use or circumstances beyond control.
100(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Due to normal use or circumstances beyond control
Consumer is not liable for damage or depreciation
Liability for consideration after termination of unsolicited consumer agreement
100(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Liability for consideration after termination
Consumer's obligation to provide consideration
Service was supplied under the agreement
Supplier must provide proof of transaction after supplying goods or services over $75.
100(1) Supplier must provide proof of transaction etc.
Supplier must provide proof of transaction.
Request for proof of transaction upon supply of goods or services below $75.
100(2) Supplier must provide proof of transaction etc.
Obligation to provide proof of transaction
Supplier must provide proof of transaction within 7 days.
100(3) Supplier must provide proof of transaction etc.
Supplier must provide proof of transaction etc.
100(4) Supplier must provide proof of transaction etc.
Spreads information about supplier to consumer
(f) states the price of the goods or services.
(a) identifies the supplier of the goods or services; (b) if the supplier has an ABN—states the supplier’s ABN; (c) if the supplier does not have an ABN but has an ACN—states the supplier’s ACN;
101 Consumer may request an itemised bill
Supplier must provide itemised bill to consumer upon request.
101(1) Consumer may request an itemised bill
Itemised bill must include hours of labour and hourly rate.
(b) includes, if applicable, the number of hours of labour that related to the supply of the services and the hourly rate for that labour;
Itemised bill must be provided in electronic format.
(1) If a person (the supplier), in trade or commerce, supplies services to a consumer, the consumer may request that the supplier give the consumer an itemised bill;
Classification of services and materials.
(a) specifies how the price of the services was calculated; (b) includes, if applicable, the number of hours of labour that related to the supply of the services and the hourly rate for that labour; (c) includes, if applicable, a list of the materials used to supply the services and the amount charged for those materials.
Itemised bill must be provided upon request.
Itemised bill must include list of materials.
(c) includes, if applicable, a list of the materials used to supply the services and the amount charged for those materials;
Request for itemised bill must be made within 30 days after services are supplied or consumer receives a bill.
101(2) Consumer may request an itemised bill
Obligation to request itemised bill within 30 days.
Supplier must provide itemised bill within 7 days after request.
101(3) Consumer may request an itemised bill
Supplier must not charge consumer for itemised bill
101(4) Consumer may request an itemised bill
Prohibits charging consumer for itemised bill
Supplier must ensure itemised bill is transparent.
101(5) Consumer may request an itemised bill
Prescribed requirements for warranties against defects
102 Prescribed requirements for warranties against defects
102 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Exemptions from subsection (1) for legal proceedings and actions against consumers.
102(1A) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Do not place consumer's name on a list of defaulters or debtors.
102(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Remove name from list of defaulters or debtors if consumer's name has been wrongly placed.
102(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The removal overlaps with the original placement.
The removal of a consumer's name from the list overlaps with the original placement.
(3) Without limiting Division 2 of Part 5-2, an injunction granted under that Division may require a person responsible for keeping a list of defaulters or debtors on which the consumer’s name has been wrongly placed to remove the name from that list.
The system recognizes the need to remove the name.
The system recognizes the need to remove a consumer's name from the list.
The person must remove the name from the list.
Prohibits removing consumer's name from list of defaulters or debtors.
The removal of a consumer's name from the list spreads to other lists.
The removal repeats the original placement.
The removal of a consumer's name from the list repeats the original placement.
Prescribes requirements for warranties against defects.
102(1) Prescribed requirements for warranties against defects
Do not give a document evidencing a warranty against defects that does not comply with the requirements.
102(2) Prescribed requirements for warranties against defects
Prohibition of giving a non-compliant warranty document.
Repair, replace, provide again, rectify, or recompense the consumer if goods/services are defective.
Warranty against defects must be unconditional or on specified conditions.
102(3) Prescribed requirements for warranties against defects
Warranty against defects is an obligation.
Goods/services are defective if they do not meet the warranty requirements.
Compliance with prescribed requirements is mandatory for repairers.
103 Repairers must comply with prescribed requirements
Repairers must comply with prescribed requirements
103(1) Repairers must comply with prescribed requirements
Repairers must not accept goods from consumers without proper notice.
103(2) Repairers must comply with prescribed requirements
Prohibition of accepting goods from consumers.
Making safety standards for consumer goods and product related services
104 Making safety standards for consumer goods and product related
104 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
104 Making safety standards for consumer goods and product
The Commonwealth Minister may make a safety standard.
104(1) Making safety standards for consumer goods and product
Safety standards for consumer goods must include requirements to prevent or reduce risk of injury.
104(2) Making safety standards for consumer goods and product
Safety standards for product-related services may require specific requirements to prevent or reduce risk of injury.
104(3) Making safety standards for consumer goods and product
Requires safety standards for product-related services.
Declaring safety standards for consumer goods and product
105 Declaring safety standards for consumer goods and product
The Commonwealth Minister may declare a safety standard for consumer goods or product.
105(1) Declaring safety standards for consumer goods and product
Permission to declare a safety standard.
Cannot declare a standard as a safety standard for certain goods or services if it's inconsistent with an existing standard.
105(2) Declaring safety standards for consumer goods and product
Requires declaration of safety standards
Prohibits supplying consumer goods that do not comply with safety standards
106 Supplying etc. consumer goods that do not comply with safety
Supplier must ensure termination charge is reasonable.
106 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Supplying non-compliant consumer goods is prohibited.
106(1) Supplying etc. consumer goods that do not comply with safety
(1) A person must not, in trade or commerce, supply consumer goods of a particular kind if:
Prohibits supplying non-compliant consumer goods.
(a) a safety standard for consumer goods of that kind is in force;
Prohibits offering consumer goods that do not comply with safety for supply in trade or commerce.
106(2) Supplying etc. consumer goods that do not comply with safety
Prohibits the action of supplying non-compliant goods
Prohibits supplying product related services that do not comply with safety standards
107 Supplying etc. product related services that do not comply with
Supplying product related services that do not comply with safety standards is prohibited.
107(1) Supplying etc. product related services that do not comply with
The provision of product related services overlaps with the requirement to comply with safety standards.
Safety standards for product related services overlap with the provision of such services.
(a) a safety standard for services of that kind is in force; and (b) those services do not comply with the standard.
CogAI recognizes the prohibition on supplying product related services that do not comply with safety standards.
A person must not supply product related services of particular kind if: (a) a safety standard for services of that kind is in force; and (b) those services do not comply with the standard.
The prohibition on supplying product related services that do not comply with safety standards spreads to all agents.
Prohibition of supplying product related services that do not comply with safety standards spreads to all agents.
The provision of product related services contains a violation if it does not comply with safety standards.
Product related services that do not comply with safety standards contain a violation.
Offering product-related services that do not comply with subsection (1) is prohibited.
107(2) Supplying etc. product related services that do not comply with
Prohibition of offering non-compliant product-related services.
Person supplying product-related services that do not comply with safety standard is liable for loss or damage suffered by another person.
107(3) Supplying etc. product related services that do not comply with
the other person is taken, for the purposes of this Schedule, to have suffered the loss or damage
Temporal overlap between supply of services and suffering of loss or damage
(3) If: (a) a person supplies product related services in contravention of this section;
Inference of liability from supplier's actions
Liability for non-compliance with safety standard
a person supplies product related services in contravention of this section
Diffusion of liability from supplier to sufferer
Recurring trace of supply of services and suffering of loss or damage
Requirement to nominate a safety standard
108 Requirement to nominate a safety standard
Supplier must ensure proof of transaction is transparent.
108 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Interim bans on consumer goods or product related services that may cause injury to any person.
109 Interim bans on consumer goods or product related services that
109 Interim bans on consumer goods or product related services
Interim ban on consumer goods of a particular kind if it appears to the responsible Minister that they will or may cause injury to any person.
109(1) Interim bans on consumer goods or product related services
Imposes a prohibition on consumer goods.
(1) A responsible Minister may, by written notice published on the internet, impose an interim ban...
Classifies consumer goods as a particular kind.
(a) it appears to the responsible Minister that:...
Interim ban on product related services of a particular kind
109(2) Interim bans on consumer goods or product related services
Imposes prohibition on product related services
(2) A responsible Minister may, by written notice published on the internet...
Imposes a prohibition on consumer goods or product related services.
11 References to acquisition, supply and re-supply
Definitions for references to acquisition, supply and re-supply
The temporal interval includes these events
Temporal interval definition for supply and re-supply
(i) a supply of the goods to another person in an altered form or condition; and (ii) a supply to another person of goods in which the first-mentioned goods have been incorporated
a reference to the supply or acquisition of goods or services includes a reference to agreeing to supply or acquire goods or services
The definition is equal to combined supply and acquisition
a reference to the supply or acquisition of goods includes a reference to the supply or acquisition of goods together with other property or services, or both
a reference to the acquisition of goods includes a reference to the acquisition of property in, or rights in relation to, goods
a reference to the supply or acquisition of services includes a reference to the supply or acquisition of services together with property or other services, or both
Temporal interval definition for re-supply of services
(i) a supply of the original services to another person in an altered form or condition; and (ii) a supply to another person of other services that are substantially similar to the original services, and could not have been supplied if the original services had not been acquired by the person who acquired them from the original supplier
110 Places in which interim bans apply
110 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Interim ban applies in all States and Territories.
110(1) Places in which interim bans apply
Temporal interval applies to the provision.
(1) An interim ban imposed by the Commonwealth Minister applies in all States and Territories.
Obligation applies to the Commonwealth Minister.
Linear temporal logic applies to the provision.
110(2) Places in which interim bans apply
Interim ban applies in the Territory where imposed by a responsible Minister.
110(3) Places in which interim bans apply
(3) An interim ban imposed by a responsible Minister who is a Minister of a Territory applies in the Territory.
111 Ban period for interim bans
Interim ban period starts on specified day and ends after 60 days.
111(1) Ban period for interim bans
...ends at the end of 60 days after...the start day.
Describes the overlap between the start day and the end of the ban period.
(1) An interim ban imposed by a responsible Minister is in force...
Describes how AI systems recognize and process information about the ban period.
Prohibits interim ban during specified period.
Describes how information about the ban period spreads.
Describes the temporal relationship between the start day and the ban period.
Responsible Minister may extend ban period by up to 30 days
111(2) Ban period for interim bans
Request to extend extended ban period for ban
111(3) Ban period for interim bans
Extend extended ban period for interim ban by up to 30 days
111(4) Ban period for interim bans
Decision to extend ban period if request not made immediately before extended ban period ends
111(5) Ban period for interim bans
the extended ban period for the ban by a further period of 30 days.
Extended ban period overlaps with previous extended ban period
(5) If: (a) a request is made under subsection (3); and (b) the Commonwealth Minister has not made a decision on the request immediately before the extended ban period for the interim ban is to end;
the Commonwealth Minister is taken to have decided to extend the extended ban period for the ban by a further period of 30 days.
Extended ban period ends when request made or decision made
111(6) Ban period for interim bans
112 Interaction of multiple interim bans
112 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prohibit manufacture, possession or control of consumer goods with prohibited supply.
112(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Manufacture, possession or control of goods not for export is a defence in contravention proceedings.
112(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prohibition on exporting consumer goods without approval
112(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Statement of approval particulars must be tabled in Parliament within 7 sitting days.
112(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Obligation to table statement in Parliament
Person supplying consumer goods in contravention of section 112(7) is liable for loss or damage suffered by another person.
112(7) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Other person is taken to have suffered loss or damage
Person supplies consumer goods in contravention of section 112(7)
Original ban ceases to be in force immediately before the Commonwealth ban comes into force.
112(1) Interaction of multiple interim bans
the original ban ceases to be in force immediately before the Commonwealth ban comes into force.
The original ban ceases to be in force before the Commonwealth ban comes into force.
(a) an interim ban (the original ban) on consumer goods of a particular kind (the banned goods) is imposed by a responsible Minister other than the Commonwealth Minister;
the original ban, to the extent that it is a ban on the banned goods, ceases to be in force immediately before the Commonwealth ban comes into force.
the Commonwealth ban ceases to be in force if the original ban is lifted.
(b) while the original ban is in force, the Commonwealth Minister imposes an interim ban (the Commonwealth ban): (i) on the banned goods; or (ii) on consumer goods of a kind that includes the banned goods;
the Commonwealth ban includes the banned goods.
the Commonwealth ban comes into force after the original ban ceases to be in force.
Imposes an obligation on a responsible Minister other than the Commonwealth Minister.
112(2) Interaction of multiple interim bans
Establishes a relation between the imposition of the ban and its effect.
113 Revocation of interim bans
Responsible Minister may revoke interim ban at any time.
Permanent bans on consumer goods or product related services
114 Permanent bans on consumer goods or product related services
Written notice specifying which sets of requirements to comply with.
Supplier must comply with standard's requirements within specified period.
114 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Permanent ban on consumer goods of a particular kind if certain conditions are met.
114(1) Permanent bans on consumer goods or product related services
The ban overlaps with existing interim bans or foreseeable uses.
(a) one or more interim bans on consumer goods of that kind (the banned goods),...
The system recognizes the ban as a prohibition.
(1) The Commonwealth Minister may, by written notice published on the internet...
Imposes a prohibition on the sale/consumption of consumer goods.
The Commonwealth Minister may, by written notice published on the internet...
The ban is recurring if the conditions are met.
(b) it appears to the Commonwealth Minister that: (i) consumer goods of that kind will or may cause injury to any person;
Permanent ban on product related services of a particular kind if certain conditions are met.
114(2) Permanent bans on consumer goods or product related services
(2) The Commonwealth Minister may, by written notice published on the internet...
Imposes a permanent ban on product related services.
115 Places in which permanent bans apply
Permanent ban applies in all States and Territories.
Holds true for all States and Territories.
116 When permanent bans come into force
116 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Permanent ban comes into force on specified day
A permanent ban comes into force on that day
The Commonwealth Minister specifies the day
Compliance with interim bans and permanent bans
117 Revocation of permanent bans
Revocation of permanent bans by Commonwealth Minister
Must comply with interim bans and permanent bans
Supplying etc. consumer goods covered by a ban
118 Supplying etc. consumer goods covered by a ban
Imposes an interim ban on the banned services or product-related services.
118 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The Commonwealth ban starts after the original ban ends.
Overlaps with the original ban in terms of time.
the original ban, to the extent that it is a ban on the banned services, ceases to be in force immediately before the Commonwealth ban comes into force.
The Commonwealth ban is inferred from the original ban.
Infers the prohibition from the original ban.
(b) while the original ban is in force, the Commonwealth Minister imposes an interim ban (the Commonwealth ban):
The Commonwealth ban applies to these services.
Classifies the banned services and product-related services as prohibited.
(i) on the banned services; or (ii) on product related services of a kind that includes the banned services;
The Commonwealth ban applies to these services as well.
Spreads the prohibition to product-related services.
(ii) on product related services of a kind that includes the banned services;
The Commonwealth ban repeats every time the original ban ends.
Supplying consumer goods of a particular kind is prohibited if an interim or permanent ban is in force.
Temporary exemption from mutual recognition principles
119 Supplying etc. product related services covered by a ban
Supplying product related services of a particular kind is prohibited if an interim or permanent ban is in force.
119(1) Supplying etc. product related services covered by a ban
Supplying product related services of a particular kind is prohibited.
Prohibition of supplying product related services.
An interim ban on services of that kind is in force.
Prohibition on offering product-related services covered by a ban
119(2) Supplying etc. product related services covered by a ban
If a person supplies product related services in contravention of subsection (1), and another person suffers loss or damage, the other person is taken to have suffered the loss or damage.
119(3) Supplying etc. product related services covered by a ban
The supply of product related services in contravention of subsection (1) occurs during the period when the person supplies such services.
(3) If: (a) a person supplies product related services in contravention of subsection (1); and (b) another person suffers loss or damage
If a person supplies product related services in contravention of subsection (1), then the other person is taken to have suffered the loss or damage.
(a) a person supplies product related services in contravention of subsection (1); and (b) another person suffers loss or damage
the other person is taken, for the purposes of this Schedule, to have suffered the loss or damage because of that supply.
Obligation to compensate for damages caused by supplying product related services in contravention of subsection (1)
Application of Schedule in relation to leases and licences of land
12 Application of Schedule in relation to leases and licences of land
12 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Reference to contract includes lease or licence of land or building
the event of making or entering into a contract occurs after the event of granting or taking the lease or licence
a reference to making or entering into a contract includes a reference to granting or taking the lease or licence
there is a duty to grant or take the lease or licence
a reference to a contract includes a reference to a lease or licence
a reference to a contract includes a reference to a lease of, or a licence in respect of, land or a building
a reference to making or entering into a contract, in relation to such a lease or licence, is a reference to granting or taking the lease or licence
a reference to a party to a contract includes a reference to any person bound by, or entitled to the benefit of, any provision contained in the lease or licence
a reference to a party to a contract, in relation to such a lease or licence, includes a reference to any person bound by, or entitled to the benefit of, any provision contained in the lease or licence
the event of making or entering into a contract occurs before or at the same time as the event of granting or taking the lease or licence
Relates to the application of Schedule in relation to leases and licences of land
Temporary exemption under the Trans-Tasman Mutual Recognition Act 1997
120 Temporary exemption under the Trans-Tasman Mutual
120 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prohibit offering consumer goods for supply in trade or commerce.
120(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prohibition on manufacturing, possessing or controlling consumer goods with prohibited supply
120(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
120(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
120(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
120(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Liability for loss or damage caused by defective goods
120(7) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
...the other person is taken, for the purposes of this Schedule, to have suffered the loss or damage...
Diffusion of liability through supply chain
121 Temporary exemption under the Mutual Recognition Act 1992
Goods subject to interim ban are treated as goods of a kind declared under the Mutual Recognition Act 1992.
121(1) Temporary exemption under the Mutual Recognition Act 1992
Section does not affect the application of section 15(3) of the Mutual Recognition Act 1992 in relation to an exemption.
121(2) Temporary exemption under the Mutual Recognition Act 1992
Section 15(3) of the Mutual Recognition Act 1992 applies.
Section implies that section 15(3) of the Mutual Recognition Act 1992 applies.
122 Compulsory recall of consumer goods
Goods must be declared as exempt from the operation of the Trans-Tasman Mutual Recognition Act 1997.
122 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Imposes a duty on the state to declare goods as exempt.
A responsible Minister must issue a recall notice for consumer goods if certain conditions are met.
122(1) Compulsory recall of consumer goods
The Minister must issue the recall notice.
Minister does not need to know supplier identities for compulsory recall.
122(2) Compulsory recall of consumer goods
Recall notice may be issued even if goods have become fixtures.
122(3) Compulsory recall of consumer goods
123 Contents of a recall notice
Supplier actions required in a recall notice
Supplier obligations in relation to a recall notice
124 Obligations of a supplier in relation to a recall notice
124 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Specify manner and period for action required by notice.
124(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Regulator must retain, destroy or dispose of goods upon recall notice.
124(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Supplier's refund obligation under recall notice
124(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Timeframe for reduced refund amount calculation
(b) a period of more than 12 months has elapsed since a person (whether or not the person to whom the refund is to be made)acquired the goods from the supplier;
(a) the supplier undertakes to refund the price of the goods;
Supplier may reduce refund amount by specified amount
the amount of a refund may be reduced by the supplier by an amount calculated in a manner specified in the notice that is attributable to the use which a person has had of the goods.
Supplier must specify refund calculation method
that is attributable to the use which a person has had of the goods.
Supplier must take action upon receipt of recall notice.
124(1) Obligations of a supplier in relation to a recall notice
Supplier must repair consumer goods to comply with safety standards and remedy defects.
124(2) Obligations of a supplier in relation to a recall notice
Supplier has a duty to repair consumer goods.
Supplier must replace goods with similar consumer goods that do not contain a defect or have a dangerous characteristic.
124(3) Obligations of a supplier in relation to a recall notice
Costs of repair or replacement, including transportation costs.
Supplier must pay for repair or replacement of consumer goods.
124(4) Obligations of a supplier in relation to a recall notice
Supplier has a duty to pay for repair or replacement.
Notification by persons who supply consumer goods outside Australia if there is compulsory recall
125 Notification by persons who supply consumer goods outside
A person who supplies consumer goods outside Australia must give a written notice to the recipient upon recall.
126 Interaction of multiple recall notices
126 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Notice must contain specific information about the consumer goods
Consumer goods recall notice requirements
126(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Must provide notice with specified information
Must provide notice as soon as practicable after supply of consumer goods to person outside Australia.
126(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Provide a copy of notice to responsible Minister within 10 days.
126(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Ceases to be in force immediately before the Commonwealth recall notice is issued.
The original recall notice ceases to be in force immediately before the Commonwealth recall notice is issued.
Original recall notice ceases to be in force immediately before the Commonwealth recall notice is issued.
The original recall notice relates to the recalled goods.
The Commonwealth recall notice includes the recalled goods.
127 Compliance with recall notices
Compliance with recall notices is mandatory.
127(1) Compliance with recall notices
Do not supply consumer goods with identified defects or dangerous characteristics.
127(2) Compliance with recall notices
Prohibition of supplying consumer goods with identified defects or dangerous characteristics.
If a person contravenes subsection (1) or (2), another person suffering loss or damage is taken to have suffered the loss or damage.
127(3) Compliance with recall notices
...the other person is taken, for the purposes of this Schedule, to have suffered the loss or damage because of the contravention.
Temporal relationship between recall notices and contraventions.
Cognitive agent responsible for providing compensation.
Obligation to provide compensation for loss or damage.
Diffusion of responsibility from one person to another.
Recurring pattern of recall notices and contraventions.
Notification requirements for a voluntary recall of consumer goods
128 Notification requirements for a voluntary recall of consumer
128 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Must provide voluntary recall information
128(1) Notification requirements for a voluntary recall of consumer
(1) This section applies if a person voluntarily takes action to recall consumer goods of a particular kind...
Provide written notice to the Commonwealth Minister within 2 days after taking action.
128(2) Notification requirements for a voluntary recall of consumer
Publish a copy of the notice on the internet.
128(3) Notification requirements for a voluntary recall of consumer
A person must give written notice to another person outside Australia.
128(4) Notification requirements for a voluntary recall of consumer
Must provide notification as soon as practicable after supply of consumer goods to person outside Australia.
128(5) Notification requirements for a voluntary recall of consumer
Must provide notice to Commonwealth Minister within 10 days after giving notice.
128(6) Notification requirements for a voluntary recall of consumer
Consumer goods subject to recall must provide specific information.
128(7) Notification requirements for a voluntary recall of consumer
Safety warning notices about consumer goods and product
129 Safety warning notices about consumer goods and product
written notice containing a statement and a warning
Publish safety warning notices about consumer goods and product
129(1) Safety warning notices about consumer goods and product
Publish a written notice containing warnings about product-related services on the internet.
129(2) Safety warning notices about consumer goods and product
13 Loss or damage to include injury
Definition of loss or damage includes injury
a reference to the amount of any loss or damage includes a reference to damages in respect of an injury.
a reference to loss or damage, other than a reference to the amount of any loss or damage, includes a reference to injury;
Announcement of results of an investigation
130 Announcement of the results of an investigation etc.
130 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Written notice published on the internet
Announce investigation results within a specified timeframe.
130(1) Announcement of the results of an investigation etc.
Obligation to announce investigation results
130(2) Announcement of the results of an investigation etc.
130 Definitions
a duration less than or equal to the embargo period
embargo period for an embargo notice means the period specified in the embargo notice under paragraph 135S(3)(c) or (d).
an obligation to define the term 'associate'
In this Part: associate: a person (the first person) is an associate of another person if:
an obligation to define the term 'Chairperson'
Chairperson has the same meaning as in subsection 4(1).
associate: a person (the first person) is an associate of another person if:
a wholly-owned subsidiary of the other person
if the other person is a body corporate—the first person is a wholly-owned subsidiary (within the meaning of the Corporations Act 2001) of the other person.
a recurring trace of the Australian Consumer Law
Australian Consumer Law means Schedule 2 as applied under Subdivision A of Division 2 of this Part.
Expression has the same meaning as in Schedule 2.
130A Expressions defined in Schedule 2
The expression has the same meaning as in Schedule 2.
An expression has the same meaning in this Part as in Schedule 2.
Suppliers must report consumer goods associated with serious injury or illness.
131 Suppliers to report consumer goods associated with the death or
Supplier must report death or serious injury related to consumer goods within 2 days.
131(1) Suppliers to report consumer goods associated with the death or
Exemptions from liability for consumer goods
131(2) Suppliers to report consumer goods associated with the death or
Suppliers must report consumer goods associated with a death or serious injury/illness.
131(3) Suppliers to report consumer goods associated with the death or
Supplier may become aware of relevant information from various sources.
131(4) Suppliers to report consumer goods associated with the death or
Temporal overlap between supplier and consumer
Supplier must provide notice with specific information about consumer goods.
131(5) Suppliers to report consumer goods associated with the death or
Supplier must not admit liability for consumer goods or death/serious injury.
131(6) Suppliers to report consumer goods associated with the death or
No liability in relation to consumer goods or death/serious injury
Supplier's statement is not an admission of liability.
131 Application of the Australian Consumer Law in relation to
Application of the Australian Consumer Law to corporations
131(1) Application of the Australian Consumer Law in relation to
Application of the Australian Consumer Law in relation to corporations
131(2) Application of the Australian Consumer Law in relation to
131A Division does not apply to financial services
Division does not apply to financial services
131A(1) Division does not apply to financial services
Prohibition on application of Division to financial services
131A(2) Division does not apply to financial services
Division does not apply to interim bans imposed by State or Territory Ministers.
131B Division does not apply to interim bans imposed by State or
131C Saving of other laws and remedies
131C(1) Saving of other laws and remedies
No inconsistency between section 73 of the Australian Consumer Law and a provision of a law of the State or Territory.
131C(2) Saving of other laws and remedies
...to ensure that no inconsistency arises between...
Temporal relation between laws and remedies
(2) Section 73 of the Australian Consumer Law does not operate in a State or a Territory to the extent necessary...
Classification of laws and remedies using CogAI
(2) Section 73 of the Australian Consumer Law does not operate in a State or a Territory...
Exemptions from concurrent prosecution for offenses against multiple laws.
131C(3) Saving of other laws and remedies
if an act or omission of a person is both: (i) an offence against this Part or the Australian Consumer Law; and (ii) an offence against a law of a State or a Territory;
The excerpt defines a temporal interval for concurrent prosecution.
he or she is not liable to be convicted of the other of those offenses.
If an act is both an offense under the Australian Consumer Law and a State law, then prosecution for one does not imply prosecution for the other.
The excerpt defines a recurring trace for concurrent prosecution.
Preservation of rights under other laws and remedies
131C(4) Saving of other laws and remedies
Chapter 5 of the Australian Consumer Law has effect subject to certain conditions.
131D Effect of Part VIB on Chapter 5 of the Australian Consumer
131E Application of the Legislative Instruments Act 2003
Instruments made under the Australian Consumer Law must be made by legislative instrument.
131E(1) Application of the Legislative Instruments Act 2003
Obligation to make instruments under the Australian Consumer Law.
Exemptions from legislative instruments under the Australian Consumer Law
131E(2) Application of the Legislative Instruments Act 2003
Exempts certain regulators from being legislative instruments.
131E(3) Application of the Legislative Instruments Act 2003
Temporal interval between exemption and legislative instrument status.
(3) To avoid doubt, an instrument made under the Australian Consumer Law by a responsible Minister who is not the Commonwealth Minister, or a regulator that is not the Commission, is not a legislative instrument.
Recognize regulatory instruments exempted from legislative instrument status.
Regulators exempted from legislative instrument status.
Diffuse regulatory instruments exempted from legislative instrument status.
Temporal relationship between exemption and legislative instrument status.
Section 4AB of the Crimes Act does not apply to provisions of this Part or the Australian Consumer Law.
131F Section 4AB of the Crimes Act does not apply
131G Application of the Criminal Code
Part 2.5 of the Criminal Code does not apply to an offence against this Part or the Australian Consumer Law.
131G(1) Application of the Criminal Code
Prohibits application of Part 2.5 to certain offences
Section 9.2 of the Criminal Code does not apply to an offence against Chapter 4 of the Australian Consumer Law.
131G(2) Application of the Criminal Code
Suppliers must report product-related services associated with a death or serious injury/illness of any person.
132 Suppliers to report product related services associated with the
132 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Suppliers must report product-related services associated with a death or serious injury/illness.
132 Commonwealth Minister must issue a proposed ban notice
Issue a proposed ban notice for interim or permanent bans on consumer goods or product-related services.
132(1) Commonwealth Minister must issue a proposed ban notice
Obligation to issue a proposed ban notice
Interim ban does not apply if a proposed ban notice has been issued
132(2) Commonwealth Minister must issue a proposed ban notice
Prohibits interim ban if proposed ban notice has been issued
Commonwealth Minister has issued a notice under section 132J
132A Confidentiality of notices given under this Division
132A Commonwealth Minister must issue a proposed recall notice
Commonwealth Minister must issue a proposed recall notice if proposing to issue a recall notice for consumer goods of a particular kind.
132A(1) Commonwealth Minister must issue a proposed recall notice
The proposed recall notice must be issued between now and a certain date.
Temporal interval for issuing a proposed recall notice
The proposed recall notice must be issued within a certain timeframe.
Issuing a proposed recall notice implies that the Commonwealth Minister must issue a proposed recall notice
Consequence of issuing a proposed recall notice
If the Commonwealth Minister proposes to issue a recall notice, then they must issue a proposed recall notice.
The Commonwealth Minister must issue a proposed recall notice
Obligation to issue a proposed recall notice
The Commonwealth Minister proposes to issue a recall notice for consumer goods of a particular kind.
Issuing a proposed recall notice spreads to all relevant parties
If the Commonwealth Minister issues a proposed recall notice, then it spreads to all relevant parties.
Issue a proposed recall notice without delay if certified by section 132J
132A(2) Commonwealth Minister must issue a proposed recall notice
The proposed recall notice must be issued without delay
Recall notice must be issued within a certain time frame
Section 132J certifies the need for immediate action
The proposed recall notice is a type of artificial intelligence output that must be issued without delay
Recall notice is a type of artificial intelligence output
Issue a proposed recall notice without delay
The proposed recall notice conforms to a certain schema that must be issued without delay
Recall notice conforms to a certain schema
proposed recall notice, summary of reasons for proposed recall notice
Commonwealth Minister must issue a proposed recall notice
132A(3) Commonwealth Minister must issue a proposed recall notice
Minimum period for proposed recall notice
132A(4) Commonwealth Minister must issue a proposed recall notice
132A(5) Commonwealth Minister must issue a proposed recall notice
Disclosing confidential notices without consent is prohibited.
132A(1) Confidentiality of notices given under this Division
Disclosing confidential notices without consent
Disclosure exception for Commonwealth Minister
132A(2) Confidentiality of notices given under this Division
132B Commonwealth Minister to be notified if no person wishes a
Notify Commonwealth Minister if no person wishes conference
132B(1) Commonwealth Minister to be notified if no person wishes a
Commonwealth Minister notified if no person wishes a notice under subsection (1)
132B(2) Commonwealth Minister to be notified if no person wishes a
A notice under subsection (1) is not a legislative instrument.
132C Notification of conference
Written notice to Commonwealth Minister and notifiers
Commission must hold conference upon notification.
132C(1) Notification of conference
Notification period for proposed ban or recall notices
132C(2) Notification of conference
Requires a relation between identifiable temporal intervals
132D Recommendation after conclusion of conference
Recommendation after conclusion of conference
132D(1) Recommendation after conclusion of conference
(1) As soon as is practicable after the conclusion of a conference...
Commission must recommend to Commonwealth Minister on issuing recall notice
132D(2) Recommendation after conclusion of conference
Must have regard to a recommendation and provide reasons for decision.
132D(3) Recommendation after conclusion of conference
Obligation to have regard to a recommendation
132E Opportunity for a conference after an interim ban has been
Imposition of interim ban requires certification by Commonwealth Minister.
132E(1) Opportunity for a conference after an interim ban has been
Certification must occur before interim ban is imposed.
(c) before the ban was imposed, the Commonwealth Minister...
Requires certification for imposition of interim ban.
The Commonwealth Minister must invite persons to notify the Commission within a specified period.
132E(2) Opportunity for a conference after an interim ban has been
132E(3) Opportunity for a conference after an interim ban has been
Defines the start date of the notice period
(3) The period specified in the notice under subsection (2):...
Legislative instrument notice is exempt from legislative instruments
132E(4) Opportunity for a conference after an interim ban has been
Notice under subsection (2) is exempt from legislative instruments
Commission must hold conference upon request.
132F Notification of conference
Commission has a duty to hold conference
132G Recommendation after conclusion of conference
Recommendation after conference conclusion
132G(1) Recommendation after conclusion of conference
132G(2) Recommendation after conclusion of conference
132H Conduct of conferences
The Commission must be represented by a member or members at conferences.
132H(1) Conduct of conferences
Maintain a record of conference proceedings.
132H(2) Conduct of conferences
Inspect documents and make submissions in relation to those documents.
Ensure a reasonable opportunity for each person to present their case at the conference.
132H(3) Conduct of conferences
Ensure a reasonable opportunity for each person.
132J Interim ban and recall notice without delay in case of danger to
Interim ban on consumer goods without delay in case of danger to human life.
132J(1) Interim ban and recall notice without delay in case of danger to
(1) If it appears to the Commonwealth Minister...
an interim ban on consumer goods of that kind should be imposed without delay;
Interim ban on product-related services without delay in case of imminent risk to life or health.
132J(2) Interim ban and recall notice without delay in case of danger to
The interim ban applies during the period of imminent risk.
Overlaps with temporal intervals related to imminent risks.
(2) If it appears to the Commonwealth Minister...
The AI analysis identifies product-related services posing an imminent risk.
Analyzes product-related services for imminent risks using AI.
An interim ban on services of that kind should be imposed without delay.
Imposes a prohibition on product-related services.
The interim ban spreads across time and space to mitigate the risk.
Spreads the risk of product-related services across time and space.
Product-related services of that kind create a recurring pattern of imminent risks.
Recurring trace of product-related services posing an imminent risk.
132K Copy of notices under this Division to be given to suppliers
132K(1) Copy of notices under this Division to be given to suppliers
Copy of notices under this Division to be given to suppliers within 2 days or as soon as practicable after the end of that period.
132K(2) Copy of notices under this Division to be given to suppliers
Must provide copy within 2 days or as soon as practicable after the end of that period.
Failure to comply with subsection (1) does not invalidate the notice.
132K(3) Copy of notices under this Division to be given to suppliers
Failure to comply implies no invalidation.
133 Liability under a contract of insurance
Liability under a contract of insurance not affected by giving information to certain authorities.
133 Appointment of inspectors
Chairperson may appoint a member of staff as an inspector.
133(1) Appointment of inspectors
Suitable qualifications and experience required for inspector appointment
133(2) Appointment of inspectors
The person has suitable qualifications and experience to exercise properly the powers of an inspector within a reasonable timeframe
Inspector appointment requires proper exercise of powers within a timeframe
Properly exercising powers within a timeframe
(2) The Chairperson must not appoint a person as an inspector unless...
Chairperson must satisfy conditions before appointing an inspector
The Chairperson must not appoint a person as an inspector unless the person has suitable qualifications and experience to exercise properly the powers of an inspector
Must satisfy conditions before appointment
The person has suitable qualifications and experience to exercise properly the powers of an inspector
Inspector appointment requires suitable qualifications and experience
Must have suitable qualifications and experience
The person has suitable qualifications and experience to exercise properly the powers of an inspector for an extended period
Inspector appointment requires proper exercise of powers over time
Inspector must comply with Chairperson's directions.
133(3) Appointment of inspectors
Inspector's compliance with Chairperson's directions occurs during their term as inspector.
Inspector's actions are subject to Chairperson's directions.
Chairperson's directions imply a duty on the part of inspectors to comply.
Inspector's compliance with Chairperson's directions requires AI support.
Compliance with Chairperson's directions spreads to all inspectors under their direction.
Direction in writing is not a legislative instrument.
133(4) Appointment of inspectors
133A Identity cards
Chairperson must issue identity card to inspector
133A(1) Identity cards
Identity card must be in prescribed form and contain recent photograph.
133A(2) Identity cards
Failure to return identity card after ceasing as inspector is an offence.
133A(3) Identity cards
the person ceases to be an inspector and the identity card was issued.
Ceasing as inspector must be after issuing identity card
the person ceases to be an inspector, the person must return the identity card.
Ceasing as inspector implies returning identity card
if the person ceases to be an inspector and does not return the identity card.
Offence of strict liability for identity card-related crimes.
133A(4) Identity cards
Defendant bears evidential burden in relation to lost or destroyed identity card.
133A(5) Identity cards
133B Power to enter premises to which the public has access—
Inspector may enter premises for the purpose of ascertaining whether consumer goods will or may cause injury to any person.
133B(1) Power to enter premises to which the public has access—
133B(2) Power to enter premises to which the public has access—
133C Power to enter premises to which the public has access—
Inspector may enter premises with public access for ascertainment purposes.
133C(1) Power to enter premises to which the public has access—
Inspector's power to enter premises and inspect equipment
133C(2) Power to enter premises to which the public has access—
Inspector has the power to enter premises
133D Power to obtain information etc.
Supplier must provide information about consumer goods.
133D(1) Power to obtain information etc.
Disclosure notice may be given to a person (supplier) in trade or commerce.
133D(2) Power to obtain information etc.
Permission granted to give a disclosure notice.
133E Self-incrimination
Must provide information or evidence when required by a disclosure notice.
133E(1) Self-incrimination
Protection against self-incrimination in certain proceedings.
133E(2) Self-incrimination
133F Compliance with disclosure notices
Refusal to comply with disclosure notice is an offence.
133F(1) Compliance with disclosure notices
Disclosure notice overlaps with refusal to comply.
(a) the person is given a disclosure notice; and (b) the person refuses or fails to comply with the notice.
Prohibition of refusal to comply with disclosure notice.
Compliance with disclosure notice is obligatory.
Compliance with disclosure notices is not applicable if the person complies to the extent possible.
133F(2) Compliance with disclosure notices
Exemption from disclosure notice is inferred
Inference of exemption from disclosure notice
Person complies with notice to the extent possible
Person must provide evidence of compliance
Note: A defendant bears an evidential burden in relation to the matter
Commencement of subsection (1) is conditional on compliance
Subsection (1) does not apply if the person complies with notice to the extent possible
Compliance with disclosure notices is an offence of strict liability.
133F(3) Compliance with disclosure notices
Providing false or misleading information is an offence.
133G False or misleading information etc.
Prohibits providing false or misleading information.
133H Court orders relating to consumer goods that do not comply
Court orders for non-compliant consumer goods
133H(1) Court orders relating to consumer goods that do not comply
the court may, on the application of an inspector, make an order of a kind referred to in subsection (2).
Prohibits possession or control of non-compliant consumer goods
(a) a person possesses or has control of consumer goods of a particular kind;
Court orders relating to consumer goods that do not comply
133H(2) Court orders relating to consumer goods that do not comply
Inspector must take reasonable steps to discover who has an interest in consumer goods and notify them of proposed application.
133H(3) Court orders relating to consumer goods that do not comply
Entitlement to be heard in relation to the application.
133H(4) Court orders relating to consumer goods that do not comply
133J Recovery of reasonable costs of seizing, and destroying or
Liability for costs of seizing and destroying consumer goods
133J(1) Recovery of reasonable costs of seizing, and destroying or
Imposes a duty on the state to pay costs
Debt due by a person to the Commonwealth
133J(2) Recovery of reasonable costs of seizing, and destroying or
134 Making information standards for goods and services
134 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Exemptions from liability for death or serious injury due to unforeseeable circumstances
134(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Subsection (1) applies regardless of whether consumer goods were used before or at the time of death or serious injury/illness.
134(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The applicability overlaps with the use of consumer goods.
Applicability overlaps with the use of consumer goods.
Subsection (1) applies whether or not consumer goods to which the product related services relate were being used before or at the time the death or serious injury or illness occurred.
The subsection must apply regardless of circumstances.
Applicability is necessary regardless of circumstances.
Subsection (1) applies whether or not consumer goods were used before or at the time of death or serious injury/illness.
The subsection must apply regardless of circumstances, and this is an obligation.
Applicability is an obligation regardless of circumstances.
The subsection must apply regardless of circumstances, and this applies repeatedly.
Applicability is recurrent regardless of circumstances.
Supplier may receive relevant information from various sources.
134(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Temporal overlap with supplier's awareness
Supplier must provide notice with specific information about services and consumer goods.
134(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
134(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
(6) The giving of the notice under subsection (1)
The Commonwealth Minister may make an information standard.
134(1) Making information standards for goods and services
Permission to make an information standard.
An information standard may make provision in relation to the content of information about goods or services.
134(2) Making information standards for goods and services
134 Purpose and effect of this Division
Provide for the issue of an infringement notice as an alternative to proceedings.
134(1) Purpose and effect of this Division
No requirement to issue infringement notice for alleged contravention
134(2) Purpose and effect of this Division
Temporal interval between requirement to issue infringement notice and alleged contravention
This Division does not require the issuance of an infringement notice for a contravention that occurs after this Division comes into effect
for an alleged contravention of an infringement notice provision
No requirement to issue infringement notice
This Division does not require an infringement notice to be issued
for a contravention of an infringement notice provision
No requirement for issuance of infringement notice
This Division does not require the issue of an infringement notice
134A Issuing an infringement notice
Commission may issue infringement notice to a person with reasonable grounds.
134A(1) Issuing an infringement notice
Requires justification for issuing notice
134A(2) Issuing an infringement notice
List of conditions under which an infringement notice can be issued Commission must not issue more than one infringement notice to the same person for the same alleged contravention.
134A(3) Issuing an infringement notice
Defines a temporal interval for the conditions
Defines a relationship between the conditions and AI systems
Prohibition of issuing multiple infringement notices.
Defines a relationship between the conditions and other events
Defines a temporal relationship for the conditions
Notice has no effect if issued more than 12 months after alleged contravention.
134A(4) Issuing an infringement notice
Prohibits issuing notice more than 12 months after alleged contravention.
134B Matters to be included in an infringement notice
The person to whom the notice is issued must provide the required information.
The infringement notice must be issued in accordance with section 134B.
The person to whom the notice is issued must pay the penalty within the specified timeframe.
Must be issued within a certain timeframe
The infringement notice must be issued within the infringement notice compliance period.
The person to whom the notice is issued must provide payment information.
Must be accompanied by payment information
The infringement notice must include information about how to pay the penalty.
The payment of the penalty is a consequence of complying with the notice requirements.
Payment of penalty implies compliance with notice requirements
If the person pays the penalty, they are in compliance with the notice requirements.
134C Amount of penalty
The penalty to be specified in an infringement notice...
must be a penalty equal to the amount worked out using the table
134D Effect of compliance with an infringement notice
Compliance with infringement notice results in obligation to pay penalty.
134D(1) Effect of compliance with an infringement notice
Payment within infringement notice compliance period
No regard for contravention after payment
134D(2) Effect of compliance with an infringement notice
No proceedings may be started or continued against the Commonwealth in relation to an alleged contravention of the infringement notice provision.
134D(3) Effect of compliance with an infringement notice
No proceedings may be started or continued.
Liability for failure to comply with infringement notice
134E Effect of failure to comply with an infringement notice
Failure to comply with infringement notice
134F Infringement notice compliance period for infringement notice
Defines infringement notice compliance period
134F(1) Infringement notice compliance period for infringement notice
Commission may extend infringement notice compliance period
134F(2) Infringement notice compliance period for infringement notice
Maximum extension period for infringement notice compliance
134F(3) Infringement notice compliance period for infringement notice
(3) Only one extension may be given and the extension must not be for longer than 28 days.
Must provide notice of extension to the person issued the infringement notice.
134F(4) Infringement notice compliance period for infringement notice
Failure to comply with subsection (4) does not affect the validity of the extension.
134F(5) Infringement notice compliance period for infringement notice
Obligation to comply with subsection (4)
Reference to extended infringement notice compliance period
134F(6) Infringement notice compliance period for infringement notice
A reference in this Division is taken to be a reference to the infringement notice compliance period as so extended.
Refers to the infringement notice compliance period as extended
The Commission extends the infringement notice compliance period.
134G Withdrawal of an infringement notice
134G(1) Withdrawal of an infringement notice
Protection from self-incrimination in proceedings
134G(2) Withdrawal of an infringement notice
Evidence or information given is not admissible in evidence against the person or representative
Obligation to protect self-incrimination
Commission may withdraw infringement notice upon request.
134G(3) Withdrawal of an infringement notice
Permission to withdraw infringement notice
Person must provide content for withdrawal notices.
134G(4) Withdrawal of an infringement notice
Must provide content for withdrawal notices.
name and address of the person, day on which infringement notice was issued, that proceedings may be started or continued against the person
Withdrawal notice must state certain information.
134G(5) Withdrawal of an infringement notice
135 Declaring information standards for goods and services
The Commonwealth Minister may declare an information standard for goods or services.
135(1) Declaring information standards for goods and services
Permission to declare an information standard.
Cannot declare a standard as an information standard for goods or services if it's inconsistent with an existing standard.
135(2) Declaring information standards for goods and services
135 Inspector may enter premises
Inspector may enter premises for ascertaining potential injury to persons.
135(1) Inspector may enter premises
the inspector may, for the purposes of ascertaining...,
Applies Allen interval logic to specify temporal relation.
(c) enter any premises in or from which the inspector has reason to believe...
Applies argumentation logic to evaluate consequences.
(b) a reasonably foreseeable use (including a misuse) of consumer goods of a particular kind will or may cause injury to any person;
Applies cognitive AI logic to specify context.
(d) exercise search-related powers in relation to the premises.
the inspector may, for the purposes of ascertaining...
(1) If an inspector has reason to believe...
Applies diffusion logic to specify context.
Inspector may not enter premises without reasonable belief of injury risk.
135(2) Inspector may enter premises
the entry is conditional on reasonable belief of injury risk.
(2) If an inspector has reason to believe...
Inspector may enter premises with occupier's consent or under certain circumstances.
135(3) Inspector may enter premises
Entry occurs during overlapping intervals
Entry can occur during overlapping intervals of inspector and occupier
Inspector has shown identity card if required by occupier
Occupier's consent implies entry for inspector
Inspector's search-related powers in relation to premises where consumer goods are supplied.
135A Search-related powers of inspectors
The search-related powers apply during the premises inspection.
Search-related powers apply during premises inspection.
The inspector has reason to believe that a person supplies consumer goods of a particular kind.
The inspector may seize consumer goods of that kind.
Inspector has the power to seize consumer goods.
The inspector may inspect, handle and measure consumer goods of that kind.
Inspector can inspect, handle and measure consumer goods.
The inspector may take samples of consumer goods of that kind.
Inspector can take samples of consumer goods.
The inspector may inspect, handle and read any documents relating to consumer goods of that kind.
Inspector can inspect, handle and read documents relating to consumer goods.
135B Inspector may ask questions and seek production of
Occupier must answer questions and produce documents requested by inspector.
135B(1) Inspector may ask questions and seek production of
Obligation to answer questions and produce documents.
Inspector may ask questions and seek production of documents.
135B(2) Inspector may ask questions and seek production of
135C Failure to answer questions or produce documents
Failure to comply with a requirement is an offence.
135C(1) Failure to answer questions or produce documents
Obligation to comply with a requirement.
Must answer questions and produce documents under subsection 135B(2)
135C(2) Failure to answer questions or produce documents
Must answer questions and produce documents
135D Persons assisting inspectors
Inspection personnel may be assisted by others.
135D(1) Persons assisting inspectors
A person giving assistance is a person assisting the inspector.
135D(2) Persons assisting inspectors
Person assisting inspector may enter premises and exercise search-related powers.
135D(3) Persons assisting inspectors
Temporal interval of search-related powers overlaps with premises.
Exercise search-related powers in relation to premises.
Only in accordance with direction given by inspector.
Power exercised by a person assisting the inspector is taken to have been exercised by the inspector.
135D(4) Persons assisting inspectors
Inspector may use necessary and reasonable force in executing a search warrant.
135E Use of force in executing a search warrant
135F Announcement before entry under warrant
Inspector must announce before entering premises under warrant.
135F(1) Announcement before entry under warrant
Inspector may deviate from subsection (1) under certain conditions.
135F(2) Announcement before entry under warrant
However, inspector may deviate under certain conditions.
Inspector's obligation to comply with subsection (1) is permissive.
Inspector has an obligation to comply with subsection (1).
Inspector may deviate if reasonable grounds exist.
Inspector's decision to deviate is based on reasonable grounds.
Inspector has reasonable grounds to believe immediate entry is required.
Deviation is allowed under certain temporal conditions.
Deviation is conditional on temporal circumstances.
Immediate entry is required for safety or warrant execution.
Show identity card to occupier or other person upon request.
135F(3) Announcement before entry under warrant
135G Inspector must be in possession of search warrant
135H Consent
Inspector must inform occupier of right to refuse consent.
135H(1) Consent
Consent must be voluntary to have effect.
135H(2) Consent
Consent has no effect unless it is voluntary.
Inspector must leave premises if consent ceases to have effect
135H(3) Consent
Prohibition of entry after consent ceases
Information about occupier's rights and responsibilities
Inspectors must inform occupiers about their rights and responsibilities.
135J Details of search warrant etc. must be given to the occupier of
135K Occupier etc. entitled to observe execution of search warrant
Occupier entitled to observe execution of search warrant
135K(1) Occupier etc. entitled to observe execution of search warrant
the occupier or other person is entitled to observe the execution of the warrant.
Search warrant execution overlaps with occupier's presence at premises
(a) a search warrant is being executed in relation to premises;
Right to observe execution of search warrant
Permission for occupier to observe execution of search warrant
Occupier has an obligation to provide information about search warrant execution
Occupier's right to observe execution of search warrant is recurrent
(b) the occupier of the premises, or another person who apparently represents the occupier, is present at the premises;
Right to observe execution of search warrant ceases if impedes that execution.
135K(2) Occupier etc. entitled to observe execution of search warrant
Impediment and search warrant execution overlap.
Impediment overlaps with search warrant execution.
Occupier or other person impedes that execution.
CogAI detects impediment, alerting right to observe.
CogAI detects impediment and alerts right to observe.
Prohibits observing execution of search warrant if impedes that execution.
Right to observe is diffused when impediment ends.
Right to observe diffuses when impediment ceases.
Impediment ends, right to observe resumes.
Right to observe ceases until impediment ends.
Execution of search warrant is not prevented by this section.
135K(3) Occupier etc. entitled to observe execution of search warrant
135L Occupier etc. to provide inspector etc. with facilities and
Provide inspector with facilities and assistance
135L(1) Occupier etc. to provide inspector etc. with facilities and
Mandatory provision of facilities and assistance
Provide inspector with facilities and information
135L(2) Occupier etc. to provide inspector etc. with facilities and
135M Receipts for seized consumer goods and equipment
Inspector must provide a receipt for seized consumer goods.
135M(1) Receipts for seized consumer goods and equipment
Must provide a receipt for seized equipment
135M(2) Receipts for seized consumer goods and equipment
One receipt may cover consumer goods and equipment seized by the state.
135M(3) Receipts for seized consumer goods and equipment
Obligation to provide a receipt for seized consumer goods and equipment.
135N Return of seized consumer goods and equipment
Return consumer goods/equipment seized under a search warrant within 60 days or when reason for seizure no longer exists.
135N(1) Return of seized consumer goods and equipment
The 60-day period after seizure ends is a condition for return.
The period of 60 days after the seizure ends.
Must return consumer goods/equipment within 60 days or when reason for seizure no longer exists.
Obligation to return seized goods/equipment
Inspector seizes consumer goods/equipment under a search warrant.
Must take reasonable steps to return consumer goods/equipment within 60 days or when reason for seizure no longer exists.
Inspector must take reasonable steps to return seized goods/equipment
Reason for seizure no longer exists is a condition for return
The reason for the seizure is no longer exists.
Exemption from subsection (1) if goods are forfeited or subject to dispute
135N(2) Return of seized consumer goods and equipment
Inspection is not required to return consumer goods or equipment if it poses an imminent risk of death, serious illness or serious injury.
135N(3) Return of seized consumer goods and equipment
...the inspector is not required to do so if: (a) the return of the consumer goods or equipment could cause an imminent risk of death, serious illness or serious injury;
The provision overlaps with other provisions that require inspection under certain circumstances.
(3) If, apart from this subsection, the inspector would be required to take reasonable steps...
Inspection is prohibited under certain circumstances.
...the inspector is not required to do so if: (b) the inspector is otherwise authorised (by a law, or an order of a court, of the Commonwealth or of a State or a Territory) to retain, destroy, dispose of or otherwise deal with the consumer goods or equipment.
The provision permits inspection under certain circumstances.
Consumer goods must be returned to the person from whom they were seized or their owner.
135N(4) Return of seized consumer goods and equipment
Equipment must be returned to the person from whom it was seized or its owner.
135N(5) Return of seized consumer goods and equipment
Must return equipment to the person from whom it was seized or its owner.
135P Judge may permit consumer goods or equipment to be
Inspector may retain consumer goods/equipment for a further period of up to 60 days.
135P(1) Judge may permit consumer goods or equipment to be
Inspector may retain for a further period
Inspector has seized consumer goods/equipment
Judge may permit inspector to retain consumer goods or equipment for a further period.
135P(2) Judge may permit consumer goods or equipment to be
Inspector may retain consumer goods or equipment.
Inspector must notify persons with interest in consumer goods or equipment before making application.
135P(3) Judge may permit consumer goods or equipment to be
Application cannot proceed without notification.
Inspector must notify persons with interest.
Inspector must recover reasonable costs of seizing consumer goods or equipment.
135Q Recovery of reasonable costs of seizing consumer goods or
135R Destruction or disposal of seized consumer goods or
Destroy or dispose of seized consumer goods if unable to locate person or they refuse possession.
135R(1) Destruction or disposal of seized consumer goods or
...a court may, on the application of the inspector...
Temporal interval for destruction/disposal of seized goods.
(i) the inspector cannot, despite making reasonable efforts...
...the inspector cannot, despite making reasonable efforts...
Justification for destruction/disposal by inspector.
(b) apart from this section, the inspector is required to return the consumer goods or equipment...
...the inspector is required to return the consumer goods or equipment...
Prohibition of destruction/disposal without court order.
(a) an inspector seizes consumer goods...
Propagation of destruction/disposal order.
(ii) the person has refused to take possession of the consumer goods or equipment;
Inform person before making application under subsection (1)
135R(2) Destruction or disposal of seized consumer goods or
Person liable to pay costs for destroying or disposing of seized consumer goods or equipment.
135R(3) Destruction or disposal of seized consumer goods or
...the person referred to in that subparagraph is liable...
(3) If...(a) an order is made under subsection (1); and(b) subparagraph (1)(c)(ii) applies;
Classification of persons liable for costs
135R(4) Destruction or disposal of seized consumer goods or
135S Embargo notices
Inspector must give embargo notice to occupier upon entering premises under a search warrant.
135S(1) Embargo notices
Inspector enters premises under a search warrant
Notice must be served on occupier or person in regular contact with occupier.
135S(2) Embargo notices
Notice can be served at any time before or after notice is given.
(a) by causing a copy of the notice to be served on the occupier;
Notice can be incorporated into premises.
(ii) causing a copy of the notice to be affixed to the premises, or to a thing on the premises, in a prominent position.
Notice can be diffused to person in regular contact with occupier.
(i) causing a copy of the notice to be served on a person on the premises who is reasonably believed to be in regular contact with the occupier;
Notice can be repeated if occupier cannot be located.
(b) if the occupier cannot be located after all reasonable steps have been taken to do so—
Prohibit supply, transfer, alteration, destruction, or interference with specified goods during a period.
135S(3) Embargo notices
135T Embargo period for embargo notices
Maximum embargo period for an embargo notice
135T(1) Embargo period for embargo notices
(1) Subject to this section, the embargo period for an embargo notice must not be longer than:
Extension of embargo period upon request
135T(2) Embargo period for embargo notices
Inspector must notify occupier before making application under subsection (2)
135T(3) Embargo period for embargo notices
135T(4) Embargo period for embargo notices
The occupier of the premises has a right to be heard.
Judge may extend embargo period under certain circumstances.
135T(5) Embargo period for embargo notices
Temporal overlap between embargo period and extension
Cannot give embargo notice for same consumer goods or product related services if earlier notice has not ended at least 5 days ago.
135U Multiple embargo notices for the same consumer goods or
Earlier embargo notice has not ended at least 5 days ago
Inspection may secure consumer goods during embargo period.
135V Power of inspectors to secure consumer goods
Inspection may not secure consumer goods.
Prohibits securing consumer goods without reasonable grounds.
Inspector believes it is necessary to secure consumer goods.
Inspectors may take actions to secure equipment during an embargo period.
135W Power of inspectors to secure equipment used to supply
135X Consent to supply etc. embargoed consumer goods etc.
Request for consent to supply, transfer, alter, destroy, or interfere with embargoed consumer goods
135X(1) Consent to supply etc. embargoed consumer goods etc.
Request for consent to supply embargoed consumer goods services
135X(2) Consent to supply etc. embargoed consumer goods etc.
Request for consent may be given in writing by the Commonwealth Minister, Chairperson or any inspector.
135X(3) Consent to supply etc. embargoed consumer goods etc.
Consent given under subsection (3) is not a legislative instrument.
135X(4) Consent to supply etc. embargoed consumer goods etc.
(4) A consent given under subsection (3)
135Y Compliance with embargo notices
Knowingly doing an act contrary to an embargo notice is prohibited.
135Y(1) Compliance with embargo notices
This provision overlaps with other provisions related to compliance with embargo notices.
The provision overlaps with other provisions that relate to compliance with embargo notices.
This provision is part of section 135Y(1) of the Act.
This provision recognizes the importance of complying with embargo notices.
The provision recognizes the importance of complying with embargo notices.
The person commits an offence if they do such an act or omit to do it.
Prohibition of knowingly doing an act contrary to an embargo notice.
The person knows that an embargo notice has been given.
This provision diffuses information about compliance with embargo notices.
The provision diffuses information about compliance with embargo notices.
This provision repeats a similar provision in another part of the Act.
The provision repeats a similar provision in another part of the Act.
Knowingly causing another person to act contrary to an embargo notice is an offence.
135Y(2) Compliance with embargo notices
Knowingly causing another person to act contrary to an embargo notice.
Exemptions from embargo notice requirements
135Y(3) Compliance with embargo notices
135Y(4) Compliance with embargo notices
135Z Issue of search warrants
Inspector must apply to a judge for a warrant in relation to premises.
135Z(1) Issue of search warrants
Inspector must apply to a judge for a warrant.
Affidavit and further information required for search warrant issuance.
135Z(2) Issue of search warrants
Warrant issuance is contingent on this temporal interval
Temporal interval between application and warrant issuance must be specified
Application must specify temporal interval for warrant issuance
Warrant issuance is contingent on this AI usage
Artificial intelligence system must be used to process application and warrant issuance
Application must use AI system for warrant issuance
Warrant issuance is contingent on these requirements
Requires affidavit and further information
Application must provide affidavit and additional information
Warrant issuance is contingent on this dissemination
Information about warrant issuance must be disseminated to relevant parties
Application must provide information about warrant issuance
Warrant issuance is contingent on this temporal order
Temporal order between application and warrant issuance must be specified
Application must specify temporal order for warrant issuance
Standards for goods that do not comply with information
136 Supplying etc. goods that do not comply with information
Disclosure is permitted under certain conditions.
136 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Supplying goods that do not comply with information standard is prohibited.
136(1) Supplying etc. goods that do not comply with information
Prohibits supplying goods that do not comply with information standard.
Offering goods that do not comply with information is prohibited.
136(2) Supplying etc. goods that do not comply with information
Manufacturing, possessing or controlling goods that do not comply with information is prohibited.
136(3) Supplying etc. goods that do not comply with information
Prohibition of manufacturing, possessing or controlling goods.
Defence for not supplying goods for the purpose of supplying them
136(4) Supplying etc. goods that do not comply with information
Goods intended for use outside Australia are exempt from subsections (1), (2) and (3)
136(5) Supplying etc. goods that do not comply with information
Goods intended for export only presumed to be used outside Australia
136(6) Supplying etc. goods that do not comply with information
136 Search warrants by telephone, fax etc.
Inspection may be done by telephone, fax or other electronic means under certain circumstances.
136(1) Search warrants by telephone, fax etc.
if the inspector believes on reasonable grounds that the delay...
Defines a temporal interval for inspection warrant application.
if the inspector believes on reasonable grounds that delay would frustrate warrant execution.
Identifies a cognitive agent for inspection warrant application.
Inspector applies to judge by telephone, fax or other electronic means
(1) An inspector may apply to a judge...
Allows inspection by telephone, fax or other electronic means.
Inspector believes on reasonable grounds that delay would frustrate warrant execution.
relation to premises if the inspector believes on reasonable grounds...
Classifies the type of inspection warrant.
Diffuses the scope of inspection warrant application.
Defines a recurring trace for inspection warrant application.
Judge may require voice communication during search warrant affidavit.
136(2) Search warrants by telephone, fax etc.
Inspector must prepare affidavit before applying for warrant
136(3) Search warrants by telephone, fax etc.
Inspector may apply for warrant before affidavit is sworn.
136(4) Search warrants by telephone, fax etc.
Judge must complete and sign warrant if reasonable grounds exist.
136(5) Search warrants by telephone, fax etc.
Inform inspector of warrant terms and signing date
136(6) Search warrants by telephone, fax etc.
inform inspector of terms and signing date
Informing inspector is a required action
terms of warrant and signing date are specified
Completed form of warrant to be given to judge
Inspector must complete a form of warrant stating the judge's name and signing date.
136(7) Search warrants by telephone, fax etc.
Obligation to complete a form of warrant
Inspector must send warrant form and affidavit to judge within a certain timeframe.
136(8) Search warrants by telephone, fax etc.
Inspection commits an offence if certain actions are taken with warrants.
136A Offence relating to warrants by telephone, fax etc.
Inspector takes certain actions with warrants.
136B Powers of judges
A power conferred on a judge must be accepted.
136B(1) Powers of judges
A power conferred on a judge is an obligation.
136B(2) Powers of judges
Protection and immunity for judges exercising powers under this Division.
136B(3) Powers of judges
The exercise of a power under this Division occurs during the time when the judge has the same protection and immunity.
Protection and immunity apply during the exercise of powers.
(3) A judge exercising a power conferred by this Division has the same protection and immunity as...
The exercise of a power under this Division is an ongoing process with the same protection and immunity.
A judge exercising a power under this Division has the same protection and immunity as...
(3) A judge exercising a power conferred by this Division has the same protection and immunity...
The exercise of a power under this Division diffuses to the court and other judges with the same protection and immunity.
Protection and immunity diffuse to the court and other judges.
Standards for supplying services that do not comply with information
137 Supplying etc. services that do not comply with information
Supplying services that do not comply with information standards is prohibited.
137(1) Supplying etc. services that do not comply with information
Prohibits supplying services that do not comply with information standards.
Offering prohibited services in trade or commerce.
137(2) Supplying etc. services that do not comply with information
Prohibition of offering prohibited services.
Prohibits supplying services in contravention of information standard.
137(3) Supplying etc. services that do not comply with information
137 Limit on occupational liability
Occupational liability limited by professional standards law
137(1) Limit on occupational liability
Professional standards law applies to schemes prescribed by regulations at the time of contravention.
137(2) Limit on occupational liability
Professional standards law applies to schemes prescribed by regulations.
137A Contributory acts or omissions to reduce compensation in
Reduce compensation in defective goods action to extent the court thinks fit
137A(1) Contributory acts or omissions to reduce compensation in
Imposes a duty on the state to reduce compensation
137A(2) Contributory acts or omissions to reduce compensation in
Reduction of loss or damage if claimant fails to take reasonable care
137B Reduction of the amount of loss or damage if the claimant fails
Reduction applies to temporal interval during which claimant failed to take reasonable care
Claimant's failure to take reasonable care occurred within a specific time period
Failure to take reasonable care implies reduction in recoverable loss or damage
Reduction is based on claimant's failure to take reasonable care and other conditions
Claimant makes a claim under subsection 236(1) of the Australian Consumer Law
Claimant's failure to take reasonable care reduces recoverable loss or damage
Reduction applies to claimant's economic loss or damage
Reduction applies to claimant's economic loss or damage suffered by others
Claimant suffers economic loss or damage due to conduct of another person
137C Limits on recovery of amounts for death or personal injury
Limits recovery of amounts for death or personal injury based on certain conditions.
137C(1) Limits on recovery of amounts for death or personal injury
Limits recovery to losses or damages that do not result from smoking or other use of tobacco products.
(c) the death or personal injury does not result from smoking or other use of tobacco products;
Prohibits recovery of amounts for death or personal injury under certain conditions.
Imposes an obligation on individuals to limit recovery under certain conditions.
(1) A person is not entitled to recover an amount of loss or damage by action;
Limits recovery to specific types of losses or damages that repeat over time.
(b) the loss or damage is, or results from, death or personal injury;
Limits on recovery of amounts for death or personal injury
137C(2) Limits on recovery of amounts for death or personal injury
Court may have regard to conduct of parties in proceedings since contravention occurred or declaration was made.
137D Compensation orders etc. arising out of unfair contract terms
137E Limits on compensation orders etc. for death or personal
Court cannot make compensation order for certain types of loss or damage
137E(1) Limits on compensation orders etc. for death or personal
Limits on compensation orders for death or personal injury
137E(2) Limits on compensation orders etc. for death or personal
Imposes an obligation on the state to limit compensation orders for death or personal injury
137F Court may make orders for the purpose of preserving money
137F(1) Court may make orders for the purpose of preserving money
Kinds of proceedings that may be taken against a person
137F(2) Court may make orders for the purpose of preserving money
Order to prohibit a person from making payments in relation to money or property held by the respondent.
137F(3) Court may make orders for the purpose of preserving money
Temporal relation between payment and order
(3) The court may make the following orders under subsection (1) of this section in a relation to money or other property held by, or on behalf of, a person (the respondent):
Associate is classified as subject to order
Classification of associate as subject to order
(a) an order prohibiting, either absolutely or subject to conditions, a person who is indebted to the respondent, or to an associate of the respondent, from making a payment, in total or partial discharge of the debt:
Court may make orders for the purpose of preserving money
Recurring trace between payment and order
137G Compliance with orders made under section 137F
Contravening or refusing to comply with an order made under section 137F is an offence.
137G(1) Compliance with orders made under section 137F
Prohibition of contravening or refusing to comply with an order.
Compliance with orders made under section 137F is an offence of strict liability.
137G(2) Compliance with orders made under section 137F
137H Finding in proceedings to be evidence
A finding of a fact by a court is prima facie evidence of that fact.
137H(1) Finding in proceedings to be evidence
137H(2) Finding in proceedings to be evidence
Finding in proceedings to be evidence of contravention or attempted contravention of Australian Consumer Law provisions.
137H(3) Finding in proceedings to be evidence
...a provision of Chapter 2, 3 or 4 of the Australian Consumer Law;
Indicates overlap between proceedings under section 228 and contravention of Australian Consumer Law provisions.
Imposes obligation on the State to find contravention or attempted contravention in proceedings.
Indicates repetition of finding in proceedings for contravention or attempted contravention.
...in proceedings under section 228, 232...
Liability for loss or damage suffered by an injured individual
138 Liability for loss or damage suffered by an injured individual
138 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Manufacturer liable for compensation if goods have safety defect and cause injury.
138(1) Liability for loss or damage suffered by an injured individual
...and (c) the individual suffers injuries because of the safety defect.
Temporal interval between supply and injury.
(a) the manufacturer supplies the goods in trade or commerce;
Manufacturer and individual recognized as entities.
...if the individual suffers injuries because of the safety defect.
Manufacturer has obligation to compensate individual.
(1) A manufacturer of goods is liable...
Liability spreads from supply to injury.
Individual may recover amount of loss or damage from manufacturer.
138(2) Liability for loss or damage suffered by an injured individual
Temporal relationship between loss/damage and recovery
138(3) Liability for loss or damage suffered by an injured individual
States are obligated to provide liability for loss or damage
138 Conferring jurisdiction on the Federal Court
Jurisdiction is conferred on the Federal Court.
138(1) Conferring jurisdiction on the Federal Court
Exclusion of jurisdiction from other courts
138(2) Conferring jurisdiction on the Federal Court
(2) The jurisdiction conferred by subsection (1)
138A Conferring jurisdiction on the Federal Magistrates Court
Jurisdiction is conferred on the Federal Magistrates Court.
138A(1) Conferring jurisdiction on the Federal Magistrates Court
Federal Magistrates Court lacks jurisdiction to award amounts exceeding $750,000 or a specified amount in regulations.
138A(2) Conferring jurisdiction on the Federal Magistrates Court
Prohibition of exceeding $750,000 or specified amount.
138B Conferring jurisdiction on State and Territory Courts
Jurisdiction is conferred on State and Territory Courts.
138B(1) Conferring jurisdiction on State and Territory Courts
138B(2) Conferring jurisdiction on State and Territory Courts
(2) However, subsection (1) does not apply in relation to a matter arising under...
Jurisdiction is confined to the limits of their jurisdictions.
138B(3) Conferring jurisdiction on State and Territory Courts
Jurisdiction is conferred to the extent permitted by the Constitution.
138B(4) Conferring jurisdiction on State and Territory Courts
The jurisdiction conferred by subsection (1) overlaps with the limitations imposed by the Constitution.
Jurisdiction overlaps with the Constitution's limitations
The jurisdiction conferred by subsection (1) is inferred from the Constitution.
Jurisdiction is inferred from the Constitution
The jurisdiction conferred by subsection (1) diffuses to the State Courts.
The jurisdiction conferred by subsection (1) is recurrent in the Territories.
Jurisdiction is recurrent in the Territories
Court cannot grant remedy beyond its jurisdiction
138B(5) Conferring jurisdiction on State and Territory Courts
Prohibition on granting remedies beyond jurisdiction
Transfer of matters by the Federal Court
138C Transfer of matters by the Federal Court
138D Transfer of matters by a State or Territory court
Applicable if a proceeding is pending in a State or Territory court
138D(1) Transfer of matters by a State or Territory court
if: (b) a matter for determination in the proceeding arises under this Part or the Australian Consumer Law, other than under: (i) Division 3 of Part 3-1 of the Australian Consumer Law; or (ii) Part 3-5 of the Australian Consumer Law; or (iii) Chapter 4 of the Australian Consumer Law.
(b) a matter for determination in the proceeding arises under this Part or the Australian Consumer Law, other than under: (i) Division 3 of Part 3-1 of the Australian Consumer Law; or (ii) Part 3-5 of the Australian Consumer Law; or (iii) Chapter 4 of the Australian Consumer Law.
(a) a proceeding is pending in a court (other than the Supreme Court) of a State or a Territory;
Court must transfer matters to Federal Court upon direction
138D(2) Transfer of matters by a State or Territory court
Court may transfer matter to another State or Territory court
138D(3) Transfer of matters by a State or Territory court
Court must not transfer matter to another court unless certain conditions are met.
138D(4) Transfer of matters by a State or Territory court
Further proceedings must be as directed by the other court.
138D(5) Transfer of matters by a State or Territory court
138E Transfer of proceedings to Family Court
Transfer of proceedings to Family Court on application or own motion.
138E(1) Transfer of proceedings to Family Court
Family Court has jurisdiction to hear and determine the proceeding.
138E(2) Transfer of proceedings to Family Court
(a) the Family Court has jurisdiction to hear and determine the proceeding; during the transfer period.
The proceeding occurs during the transfer period.
(2) Subject to subsection (3), if a proceeding is transferred to the Family Court under subsection (1):
(a) the Family Court has jurisdiction to hear and determine the proceeding;
Liability for loss or damage suffered by a person other than an injured individual
139 Liability for loss or damage suffered by a person other than an
Manufacturer liable for compensation if goods have safety defect and cause injury or death.
139(1) Liability for loss or damage suffered by a person other than an
...the person compensates the individual.
Manufacturer has an obligation to compensate.
Person may recover loss or damage from manufacturer
139(2) Liability for loss or damage suffered by a person other than an
139 Intervention by the Commission
Commission may intervene in proceedings with court leave.
139(1) Intervention by the Commission
Commission has rights and liabilities of a party in a proceeding.
139(2) Intervention by the Commission
139A Terms excluding consumer guarantees from supplies of
Excludes consumer guarantees from supplies of recreational services
139A(1) Terms excluding consumer guarantees from supplies of
Prohibits exclusion of consumer guarantees
Exclusion of consumer guarantees from recreational services
139A(2) Terms excluding consumer guarantees from supplies of
139B Conduct of directors, employees or agents of bodies corporate
Establishing the state of mind of a body corporate in a proceeding.
139B(1) Conduct of directors, employees or agents of bodies corporate
Establishing the state of mind of a body corporate.
Body corporate liable for conduct of directors, employees or agents within scope of actual or apparent authority.
139B(2) Conduct of directors, employees or agents of bodies corporate
139C Conduct of employees or agents of persons other than bodies
Evidence that employee or agent engaged in conduct within scope of actual or apparent authority and had that state of mind
Establishing state of mind of principal in certain conduct
139C(1) Conduct of employees or agents of persons other than bodies
Establishing obligation to show state of mind
Principal's employees or agents must conduct themselves within the scope of their actual or apparent authority.
139C(2) Conduct of employees or agents of persons other than bodies
Principal's employees or agents have an obligation to conduct themselves within the scope of their actual or apparent authority.
139D Enforcement and recovery of certain fines
Enforcement and recovery of certain fines
139D(1) Enforcement and recovery of certain fines
Court must cancel enforcement order if security is given for fine payment.
139D(2) Enforcement and recovery of certain fines
the court must cancel the enforcement order.
Security given implies cancellation during enforcement period.
(2) If: (a) the court makes an enforcement order; and (b) the person gives security for the payment of the fine;
Court's obligation to cancel enforcement order implies CogAI inference.
Court has an obligation to cancel enforcement order.
(2) If the court makes an enforcement order; and (b) the person gives security for the payment of the fine;
Court's obligation to cancel enforcement order implies diffusion of cancellation.
Court's obligation to cancel enforcement order implies cancellation.
Allow person to pay fine within specified time or by instalments.
139D(3) Enforcement and recovery of certain fines
Court allows person to pay fine within specified time.
139D(4) Enforcement and recovery of certain fines
Allows enforcement order discharge upon payment.
Enforcement order discharge upon payment of instalments
139D(5) Enforcement and recovery of certain fines
139D(6) Enforcement and recovery of certain fines
Imposes a duty on the state to calculate imprisonment time based on unpaid fine amount
Fine not exceeding $550 for certain convictions
139DA Application of section 229 of the Australian Consumer Law
The state must provide a fine not exceeding $550 for certain convictions
139E Cessation of enforcement orders etc.
139E(1) Cessation of enforcement orders etc.
Consecutive imprisonment periods for those required under enforcement orders.
139E(2) Cessation of enforcement orders etc.
Must serve consecutive imprisonment periods.
(2) Subject to this section, if a person is required under one or more enforcement orders...
Court must declare enforcement order cease to have effect after 3 years of imprisonment.
139E(3) Cessation of enforcement orders etc.
the court must declare that the enforcement order or orders cease to have effect in respect of those fines after the person has served an aggregate of 3 years’ imprisonment.
Temporal relation between imprisonment and enforcement order cessation.
the fines were imposed for offences constituted by contraventions of those types.
Classification of enforcement orders based on nature and similarity.
(i) that occurred within a period of 2 years; (ii) that appear to a court to have been of the same nature or of a substantially similar nature;
the court must, by order, declare that the enforcement order or orders cease to have effect in respect of those fines after the person has served an aggregate of 3 years’ imprisonment.
Court obligation to declare enforcement order cease to have effect.
Diffusion of enforcement order cessation to related fines.
Recurring trace of enforcement order cessation based on imprisonment.
Court must make an order in relation to only one of overlapping periods.
139E(4) Cessation of enforcement orders etc.
The order under subsection (4) must relate to the period which would give the person the maximum benefit under subsection (3).
139E(5) Cessation of enforcement orders etc.
must relate to the period which would give the person the maximum benefit under subsection (3).
The order under subsection (4) must be during the period which would give the person the maximum benefit under subsection (3).
Court may vary or revoke an order made under subsection (3).
139E(6) Cessation of enforcement orders etc.
139F Compensation for acquisition of property
Commonwealth liable to pay compensation for unjust acquisition of property
139F(1) Compensation for acquisition of property
Person must institute proceedings in Federal Court for recovery of compensation.
139F(2) Compensation for acquisition of property
Definition of acquisition of property and just terms
139F(3) Compensation for acquisition of property
139G Regulations
139G(1) Regulations
Consider detriment to consumers and impact on business before making a regulation.
139G(2) Regulations
...consider the detriment that a term of that kind would cause to consumers.
Obligation to consider detriment and impact.
Regulation has part of consideration for public interest.
The Commonwealth Minister must be satisfied that the laws of the Commonwealth and/or the States and Territories adequately provide for consumer rights.
139G(3) Regulations
14 Meaning of continuing credit contract
14 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Credit agreement or credit dealing must be a continuing contract.
14(1) Meaning of continuing credit contract
Continuing contract implies agreement or arrangement
Creditor must provide credit to consumer in relation to payments made by another person.
14(2) Meaning of continuing credit contract
Liability for loss or damage suffered by a person if other goods are destroyed or damaged
140 Liability for loss or damage suffered by a person if other goods
140 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Goods may have a statement applied to them in certain ways.
140(7) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Supplier must provide particular information to another person if they supply goods in contravention of the information standard.
140(8) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Supplier has an obligation to provide particular information.
Manufacturer liable for loss or damage caused by safety defect in goods supplied in trade or commerce.
140(1) Liability for loss or damage suffered by a person if other goods
...the person suffers loss or damage as a result of the destruction or damage.
The destruction or damage of goods occurs between the time the person uses or consumes, or intends to use or consume, the goods and the time the person suffers loss or damage.
(d) The person used or consumed, or intended to use or consume, the destroyed or damaged goods for personal, domestic or household use or consumption;
...the destroyed or damaged goods have a safety defect.
If the manufacturer supplies goods in trade or commerce, and the goods have a safety defect, then the manufacturer is liable to compensate a person for loss or damage caused by the safety defect.
Manufacturer has an obligation to compensate a person for loss or damage caused by safety defect.
(1) A manufacturer of goods is liable to compensate a person if...
The manufacturer's obligation is to compensate a person for loss or damage caused by safety defect.
...the person used or consumed, or intended to use or consume, the destroyed or damaged goods for personal, domestic or household use or consumption;
The person's use or consumption of the goods is recurring.
(e) The person suffers loss or damage as a result of the destruction or damage.
Recovery of loss or damage suffered by a person
140(2) Liability for loss or damage suffered by a person if other goods
Defines terms related to the application of the Australian Consumer Law in participating jurisdictions.
140 Definitions
Obligation to compensate for loss or damage
Facilitate application of Australian Consumer Law by participating States and Territories.
140A Object of this Part
Facilitate application of Australian Consumer Law
The applied Australian Consumer Law consists of Schedule 2 and the regulations made under section 139G.
140B The applied Australian Consumer Law
Definition of the applied Australian Consumer Law
Federal Court may exercise jurisdiction under application
140C Federal Court may exercise jurisdiction under application
Does not affect other laws regarding cross-vesting jurisdiction
140D Exercise of jurisdiction under cross-vesting provisions
140E Commonwealth consent to conferral of functions etc. on
Imposes duties on a Commonwealth entity for the purposes of the applied Australian Consumer Law.
140E(1) Commonwealth consent to conferral of functions etc. on
Imposes duties on a Commonwealth entity.
No conferral of function or power by an application law to the extent it would contravene constitutional doctrines.
140E(2) Commonwealth consent to conferral of functions etc. on
...to the extent to which: ... would contravene any constitutional doctrines restricting the duties that may be imposed on the Commonwealth entity;
Defines temporal interval for conferral of function or power.
(2) Subsection (1) does not authorise the conferral of a function or power, or the imposition of a duty...
Defines recognition of conferral of function or power.
Prohibits conferral of function or power by an application law.
Defines diffusion of conferral of function or power.
Defines universal quantification for conferral of function or power.
Agreement between Commonwealth and State/Territory required for conferral of functions etc.
140E(3) Commonwealth consent to conferral of functions etc. on
Requires agreement between Commonwealth and State/Territory
140F How duty is imposed
Duty imposed on Commonwealth entity by application law
140F(1) How duty is imposed
Duty is not imposed by this Act to the extent it exceeds State legislative powers.
140F(2) How duty is imposed
The duty exceeds the State legislative powers;
Temporal overlap between duty and State legislative powers.
(2) The duty is taken not to be imposed by this Act (or any other law of the Commonwealth)
(a) imposing the duty is within the legislative powers of the State or Territory concerned;
Exclusion of duty based on State legislative powers.
(b) imposing the duty by the law of the State or Territory is consistent with the constitutional doctrines restricting the duties that may be imposed on the entity.
Exclusion of duty based on State constitutional doctrines.
The duty is within the legislative powers of the State or Territory concerned;
Inclusion of duty within State legislative powers.
The duty is consistent with the constitutional doctrines restricting the duties that may be imposed on the entity;
Temporal overlap between duty and State constitutional doctrines.
Application law imposes a duty on Commonwealth entity if it confers a function or power and gives rise to an obligation.
140G When an application law imposes a duty
If the law confers a function or power, then it imposes an obligation.
If the circumstances in which the function or power is conferred give rise to an obligation, then the law imposes a duty.
The circumstances give rise to an obligation.
If the law confers a function or power and gives rise to an obligation, then it imposes a duty on Commonwealth entity.
Therefore, it must perform the function or exercise the power.
If the circumstances in which the function or power is conferred give rise to an obligation, then Commonwealth entity must perform the function or exercise the power.
Therefore, it has a right to perform the function or exercise the power.
If the law confers a function or power and gives rise to an obligation, then Commonwealth entity has a right to perform the function or exercise the power.
Application laws may operate concurrently with this Act
140H Application laws may operate concurrently with this Act
140J No doubling-up of liabilities
No punishment for offence against Act if already punished under application law
140J(1) No doubling-up of liabilities
No liability for same conduct under both laws
140J(2) No doubling-up of liabilities
References in instruments to the Australian Consumer Law
140K References in instruments to the Australian Consumer Law
the Australian Consumer Law as applied under Division 2 of
(1) A reference in any instrument to the Australian Consumer Law
Liability for loss or damage suffered by a person if land, buildings or fixtures are destroyed or damaged
141 Liability for loss or damage suffered by a person if land,
Manufacturer liable for compensation if goods have safety defect and cause damage to land, buildings or fixtures.
142 Defences to defective goods actions
142 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Time for commencing defective goods actions
143 Time for commencing defective goods actions
143(1) Time for commencing defective goods actions
...within 3 years after the time the person became aware, or ought reasonably to have become aware...
(1) Subject to subsection (2), a person may commence a defective goods action...
...of all of (c) the identity of the person who manufactured the goods.
Awareness of identity of manufacturer is not required
...at any time within 3 years after the time the person became aware, or ought reasonably to have become aware...
May commence action at any time within 3 years
...of all of (a) the alleged loss or damage;
Awareness of loss/damage/safety defect is required
Action must occur within a specific time frame
Defective goods action must be commenced within 10 years of supply by the manufacturer.
143(2) Time for commencing defective goods actions
Obligation to commence action within time limit.
144 Liability joint and several
Recover loss or damage from destruction or damage
144 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Joint and several liability for multiple persons liable under Division 1.
145 Survival of actions
Survival of actions applies to actions under this law.
No defective goods action where workers’ compensation law etc.
146 No defective goods action where workers’ compensation law etc.
Request for manufacturer information from suppliers
146 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Request for knowledge about manufacturer
Conditional obligation to provide information
147 Unidentified manufacturer
A person who wishes to institute a defective goods action must comply with the law.
(1) A person who: (a) wishes to institute a defective goods action;
Commonwealth liability for goods that are defective only due to compliance with mandatory standard
148 Commonwealth liability for goods that are defective only
Provide notice and copy of defence in defective goods action
148(1) Commonwealth liability for goods that are defective only
Commonwealth liable for goods that are defective only
148(2) Commonwealth liability for goods that are defective only
Commonwealth liable for goods with safety defects
148(3) Commonwealth liability for goods that are defective only
The Commonwealth is liable to pay the plaintiff.
Obligation to pay plaintiff for loss or damage
148 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
149 Representative actions by the regulator
Regulator may commence a defective goods action on behalf of identified persons.
149(1) Representative actions by the regulator
Regulator must obtain written consent before making an application.
149(2) Representative actions by the regulator
The regulator's action CONTAINS the temporal interval where consent has been obtained.
Regulator's action is contained within a temporal interval.
(2) The regulator may only make the application...
The regulator's action CONTAINS the cognitive process where consent has been obtained.
Regulator's action is contained within a cognitive process.
The regulator MUST have obtained written consent.
The regulator may only make the application...
The regulator's action CONTAINS the diffusion where consent has been obtained.
Regulator's action is contained within a diffusion.
The regulator's action CONTAINS the trace where consent has been obtained.
Regulator's action is contained within a trace.
Regulator has obligation to take representative actions
15 Contraventions of this Schedule
Exemptions from contravention of Schedule provisions
Application of all or any provisions not to be excluded or modified
150 Application of all or any provisions of this Part etc. not to be
150(1) Application of all or any provisions of this Part etc. not to be
Application of provisions not excluded or restricted by contract terms.
150(2) Application of all or any provisions of this Part etc. not to be
150 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Representation is taken to be misleading unless evidence is adduced to the contrary.
150(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Imposes a duty on the State to ensure representations are not misleading.
Avoids onus of proving representation is not misleading.
150(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
does not place on any person an onus of proving that the representation is not misleading.
(2) does not: (a) have the effect that, merely because such evidence to the contrary is adduced, the representation is not misleading;
Prohibits placing onus of proving representation is not misleading.
(2) does not: (b) have the effect of placing on any person an onus of proving that the representation is not misleading.
150(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
False or misleading representations about goods or services
151 False or misleading representations about goods or services
Making false or misleading representations about goods or services is prohibited.
Prohibition of false or misleading representations.
Classification of goods and services based on their standard, quality, value, grade, composition, style, or model.
False or misleading representations about sale etc. of land
152 False or misleading representations about sale etc. of land
Making false or misleading representations about sale etc. of land is prohibited.
152(1) False or misleading representations about sale etc. of land
Classification of false or misleading representations
Offence of strict liability for false or misleading representations about sale etc. of land
152(2) False or misleading representations about sale etc. of land
(2) Subsection (1) is an offence of strict liability.
Does not affect the application of other provisions in relation to supply or acquisition of interests in land.
152(3) False or misleading representations about sale etc. of land
Employment-related matters are prohibited.
152 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Misleading conduct relating to employment
153 Misleading conduct relating to employment
154 Offering rebates, gifts, prizes etc.
Offering rebates, gifts, prizes etc. is prohibited.
154(1) Offering rebates, gifts, prizes etc.
Prohibits offering rebates, gifts, prizes etc.
154(2) Offering rebates, gifts, prizes etc.
Exemption from liability for failure to provide rebate or gift due to circumstances beyond control.
154(3) Offering rebates, gifts, prizes etc.
...the person took reasonable precautions...
Offering a different rebate, gift, prize or other free item as a replacement is permitted.
154(4) Offering rebates, gifts, prizes etc.
The key overlaps with a temporal interval defined by the part number.
The key contains a named entity (section number).
The person is permitted to offer a different rebate, gift, prize or other free item.
Permission to offer a different rebate, gift, prize or other free item.
(a) the person offers to the other person a different rebate, gift, prize or other free item as a replacement;
The key is until a certain point in time defined by the part number.
The key validates against a schema defined by the heading 'Offering rebates, gifts, prizes etc.'.
heading: Offering rebates, gifts, prizes etc.
Strict liability applies to subsections (1)(b) and (2)(b).
154(5) Offering rebates, gifts, prizes etc.
Does not affect other provisions in relation to supply or acquisition of interests in land.
154(6) Offering rebates, gifts, prizes etc.
154 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Misleading conduct as to the nature etc. of goods
155 Misleading conduct as to the nature etc. of goods
Misleading conduct in trade or commerce is prohibited.
155(1) Misleading conduct as to the nature etc. of goods
Prohibits misleading conduct in trade or commerce.
The person engages in conduct that is liable to mislead the public.
Strict liability for misleading conduct as to the nature etc. of goods
155(2) Misleading conduct as to the nature etc. of goods
Misleading conduct as to the nature etc. of services
156 Misleading conduct as to the nature etc. of services
156(1) Misleading conduct as to the nature etc. of services
Strict liability for misleading conduct as to the nature etc. of services
156(2) Misleading conduct as to the nature etc. of services
156 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
156(10) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Payment or other consideration must be provided regardless of its proportion to the total payment or consideration.
156(11) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Subsection (11) applies to all temporal intervals within sections (1), (3), (5), and (7).
Must provide payment or other consideration.
Subsection (11) applies to all ordered temporal intervals within sections (1), (3), (5), and (7).
Strict liability applies to subsection (3)(a).
156(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
(4) Strict liability applies to subsection (3)(a).
Accepting payment without being able to supply goods or services within a specified period is an offence.
156(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prohibits accepting payment without being able to supply goods or services.
Prohibits accepting payment without being able to supply goods or services within a reasonable time.
The person accepts payment but is unable to supply goods or services within the specified period.
The person accepts payment but is unable to supply goods or services within a reasonable time.
Strict liability applies to subsection (5)(a).
156(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Temporal overlap: Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
(6) Strict liability applies to subsection (5)(a).
Implication: Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Inference: Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Diffusion: Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Failing to supply goods or services within a specified period is an offence.
156(7) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Obligation to supply goods or services within a specified period.
Due diligence required to avoid failure in supplying goods or services.
156(8) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The failure may occur at any time within the period.
Failure may occur at any time within a period.
Subsection (7) does not apply if the person’s failure to supply all the goods or services within the period, or within a reasonable time, was due to...
There is a duty to take reasonable precautions.
The person took reasonable precautions and exercised due diligence to avoid the failure.
There is no duty to take precautions in this case.
The person’s failure to supply all the goods or services within the period, or within a reasonable time, was due to the act or omission of another person, or to some other cause beyond the person’s control;
There is an obligation to take reasonable precautions.
The failure is recurring if it occurs within the period.
Failure is recurring if it occurs within a period.
Exemption from subsection (7) if replacement goods or services are offered and agreed upon.
156(9) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
...the customer agrees to receive the different goods or services.
Temporal overlap between subsection (7) and exemption
Inference of exemption based on replacement offer and agreement
Permission to deviate from subsection (7)
Recurring trace of exemption based on replacement offer and agreement
Validation of exemption based on replacement offer and agreement
157 Bait advertising
Advertising goods or services at a specified price without reasonable grounds for believing it can be offered at that price for a period and quantity.
157(1) Bait advertising
Penalty: $1,100,000 (body corporate), $220,000 (not a body corporate).
Prohibits advertising goods or services at a specified price without reasonable grounds.
(1) A person commits an offence if: (a) the person, in trade or commerce, advertises goods or services for supply at a specified price; and (b) there are reasonable grounds for believing that the person will not be able to offer for supply those goods or services at that price for a period that is, and in quantities that are, reasonable, having regard to: (i) the nature of the market in which the person carries on business; and (ii) the nature of the advertisement.
Advertising goods or services at a specified price without offering them for supply at that price is prohibited.
157(2) Bait advertising
...for a period that is, and in quantities that are...
Temporal interval of the prohibited period.
...the person fails to offer such goods or services for supply at that price...
Knowledge representation of the prohibited action.
Prohibition of advertising goods or services at a specified price without offering them for supply.
Recurring trace of the prohibited action.
Bait advertising is an offence of strict liability.
157(3) Bait advertising
Defendant must offer goods or services within a reasonable time and quantity at the advertised price.
157(4) Bait advertising
Must offer goods or services within a reasonable time and quantity at the advertised price.
Wrongly accepting payment is prohibited.
158 Wrongly accepting payment
Accepting payment without intending to supply goods or services is prohibited.
158(1) Wrongly accepting payment
Prohibition of accepting payment without intending to supply goods or services.
Strict liability applies to subsection (1)(a).
158(2) Wrongly accepting payment
Accepting payment for goods or services is prohibited.
158(3) Wrongly accepting payment
Prohibits accepting payment for goods or services.
False or misleading representation in material aspect of business activity is prohibited.
158 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The temporal interval is from the time of invitation.
(i) that the person invites (whether by advertisement or otherwise) other persons to engage or participate in, or
The representation must not be false or misleading.
(b) the representation is false or misleading in a material partical;
The person is strictly liable for the false or misleading representation.
Strict liability for false or misleading representation
(3) Subsections (1) and (2) are offences of strict liability.
The penalty is diffused to all persons who are bodies corporate.
(a) if the person is a body corporate—$1,100,000;
The recurring trace is from the time of requirement.
(ii) that requires the performance of work by other persons,
Misleading representations about certain business activities
159 Misleading representations about certain business activities
Making false or misleading representations about business activities is an offence.
159(1) Misleading representations about certain business activities
There is an overlap between the business activities and residence.
Overlap between business activities and residence
The representation concerns the profitability, risk or any other material aspect of any business activity that the person has represented as one that can be, or can be to a considerable extent, carried on at or from a person’s place of residence.
The representation is false or misleading in a material particular.
The person commits an offence repeatedly.
Repetition of false or misleading representations
Making misleading representations about certain business activities is an offence.
159(2) Misleading representations about certain business activities
Prohibits making misleading representations about certain business activities.
16 Severability
Permits Part XI of the Competition and Consumer Act or an application law.
16 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Nothing in this Schedule affects the validity or enforceability of a contract made after the commencement of this section.
contract includes a particular provision
Application of provisions of this Division to information providers
160 Application of provisions of this Division to information
Exemptions for publications by information providers
160(1) Application of provisions of this Division to information
Exemption from subsection (1) for publications of advertisements.
160(2) Application of provisions of this Division to information
Exemptions from subsection (1) for certain publications
160(3) Application of provisions of this Division to information
Exemptions for certain publications related to land interests
160(4) Application of provisions of this Division to information
160 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
161 Unsolicited cards etc.
Sending unsolicited credit or debit cards is an offence.
161(1) Unsolicited cards etc.
The period begins on the day after the card is sent and ends two years after that day;
Defines the temporal interval for the offence.
The person and the card are the relevant entities;
Recognizes the entities involved in the offence.
Prohibits sending unsolicited credit or debit cards.
(a) the person sends a credit card or a debit card, or an article that may be used as a credit card and a debit card, to another person;
The person must be sent a card at least once every two years;
Defines the recurring trace for the offence.
The card is a valid credit or debit card;
Exemption from liability for unsolicited cards sent pursuant to a written request.
161(2) Unsolicited cards etc.
Temporal overlap between requests and cards
The person sends the card to the other person pursuant to a written request by the person who will be under liability...
Recognizing the written request as valid
The card is sent in renewal or replacement of, or in substitution for...
The person sends the card to the other person pursuant to a written request.
Diffusing the written request to other persons
Taking action to enable another person to use a credit card as a debit card is an offence.
161(3) Unsolicited cards etc.
Temporal interval for enabling another person to use a credit card as a debit card.
Knowledge representation for enabling another person to use a credit card as a debit card.
Prohibition of enabling another person to use a credit card as a debit card.
Recurring trace for enabling another person to use a credit card as a debit card.
Validation of enabling another person to use a credit card as a debit card.
Taking action to enable another person to use a debit card as a credit card is an offence.
161(4) Unsolicited cards etc.
Prohibition of enabling debit card use as credit card
Taking action to enable another person...
Exemption from subsection (3) or (4) if action is taken in accordance with written request.
161(5) Unsolicited cards etc.
Permission to take action without subsection (3) or (4) applying.
(5) Subsection (3) or (4) does not apply...
Offence of strict liability for unsolicited cards etc.
161(6) Unsolicited cards etc.
Assertion of right to payment for unsolicited goods or services
162 Assertion of right to payment for unsolicited goods or services
Asserting a right to payment for unsolicited goods or services is prohibited.
162(1) Assertion of right to payment for unsolicited goods or services
162(2) Assertion of right to payment for unsolicited goods or services
Sending unsolicited invoices without warning statement is an offence.
162(3) Assertion of right to payment for unsolicited goods or services
Sending an invoice without the required warning statement is an offence.
Prohibition of unsolicited invoices without warning statement.
The regulations require a warning statement in invoices.
162 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
No obligation to pay if reasonable cause believed in right to payment or charge.
162(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
he or she had reasonable cause to believe
Offence of strict liability for subsections (1), (2) and (3)
162(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Right to payment for unauthorised entries or advertisements
163 Assertion of right to payment for unauthorised entries or
Asserting a right to payment for unauthorised entries or advertisements is prohibited.
163(1) Assertion of right to payment for unauthorised entries or
Prohibits asserting a right to payment for unauthorised entries or advertisements.
Sending false invoices or documents is prohibited.
163(2) Assertion of right to payment for unauthorised entries or
Exemption from subsections (1) and (2) if the person knew or had reasonable cause to believe that another person authorized the placement of the entry or advertisement.
163(3) Assertion of right to payment for unauthorised entries or
Granting permission to an individual based on knowledge or reasonable cause.
The person knew or had reasonable cause to believe that the other person authorized the placement of the entry or advertisement.
Subsections (1) and (2) do not apply if the person proves this.
Imposing an obligation on the individual to prove that they knew or had reasonable cause to believe that another person authorized the placement of the entry or advertisement.
The person must prove that they knew or had reasonable cause to believe that the other person authorized the placement of the entry or advertisement.
Permission to publish without audited circulation
163(4) Assertion of right to payment for unauthorised entries or
Strict liability for offences under subsections (1) and (2)
163(5) Assertion of right to payment for unauthorised entries or
document authorizing the placing of the entry or advertisement
A person must provide a document authorizing the placement of an entry or advertisement before asserting the right to payment.
163(6) Assertion of right to payment for unauthorised entries or
A person must provide a document authorizing the placement of an entry or advertisement.
Participation in pyramid schemes is prohibited.
164 Participation in pyramid schemes
164 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
164(1) Participation in pyramid schemes
Prohibits participation in pyramid schemes.
164(2) Participation in pyramid schemes
164(3) Participation in pyramid schemes
165 Multiple pricing
Supplying goods with more than one displayed price is prohibited.
165(1) Multiple pricing
(a) if the person is a body corporate—$5,000; or (b) if the person is not a body corporate—$1,000.
Overlaps with supply of goods for more than one price.
(1) A person commits an offence if: (a) the person, in trade or commerce, supplies goods; and (b) the goods have more than one displayed price; and (c) the supply takes place for a price that is not the lower, or lowest, of the displayed prices.
Prohibits supplying goods with more than one displayed price.
Recurring supply of goods for more than one price.
Strict liability offence for subsection (1)
165(2) Multiple pricing
Single price to be specified in certain circumstances
166 Single price to be specified in certain circumstances
Making false representations about goods or services for personal use
166(1) Single price to be specified in certain circumstances
Making a representation with respect to an amount that, if paid, would constitute a part of the consideration for the supply of goods or services.
Prohibits making false representations in trade or commerce
In connection with the supply, or possible supply, to another person of goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption;
Prohibits promoting false representations in trade or commerce
In connection with the promotion by any means of the supply to another person, or of the use by another person, of goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption;
A representation with respect to an amount that, if paid, would constitute a part of the consideration for the supply of goods or services.
Classifies the supply as goods or services for personal use
Recurring trace of making false representations
A person is not required to include a charge payable in relation to sending goods.
166(2) Single price to be specified in certain circumstances
Exemption from including a charge for sending goods
166 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Exemption from subsection (1) if certain conditions are met.
166(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The person is allowed to omit the charge if certain conditions are met.
Exemption for representations made exclusively to a body corporate.
166(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Must specify prominent price for goods/services
166(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Exemption for services supplied under a contract with periodic payments
166(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
166(7) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
167 Referral selling
Inducing a consumer to acquire goods or services by representing a rebate, commission, or other benefit in return for assisting others is prohibited.
167(1) Referral selling
(b) the receipt of the rebate, commission or other benefit is contingent on an event occurring after that contract is made.
Temporal containment of induced consumer acquisition.
(1) A person commits an offence if: (a) the person, in trade or commerce, induces a consumer to acquire goods or services by representing that the consumer will, after the contract for the acquisition of the goods or services is made, receive a rebate, commission or other benefit in return for: (i) giving the person the names of prospective customers; or (ii) otherwise assisting the person to supply goods or services to other consumers; and
Knowledge representation of induced consumer acquisition.
Penalty: (a) if the person is a body corporate—$1,100,000; or (b) if the person is not a body corporate—$220,000.
Prohibition of inducing a consumer to acquire goods or services by representing a rebate, commission, or other benefit in return for assisting others.
Information spread of induced consumer acquisition.
Recurring trace of induced consumer acquisition.
167(2) Referral selling
Subsection (1) is an offence of strict liability.
168 Harassment and coercion
Using physical force, undue harassment, or coercion in specified contexts is prohibited.
...the physical force, or undue harassment or coercion is used in connection with...
Temporal relation between the use of force and its context.
...if the person uses physical force, or undue harassment or coercion...
Prohibition of physical force, harassment, or coercion.
Recurring trace of harassment and coercion.
168 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
168(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Subsection (1) is a strict liability offence
No effect on other provisions regarding supply or acquisition of interests in land.
168(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
do not affect the application of any other provision in relation to the supply or acquisition, or the possible supply or acquisition, of interests in land.
Excludes temporal overlap with other provisions
do not affect the application of any other provision
Excludes application to other provisions
Excludes application to other provisions regarding supply or acquisition of interests in land
169 Display notices
Failure to display required notices when supplying goods or services to consumers.
169(1) Display notices
...not, in accordance with the determination:
Temporal interval for notice display requirement.
Implication of failure to display notices on committing an offence.
Prohibition of failing to display required notices.
Offence of strict liability for display notices
169(2) Display notices
References to provisions in this Schedule
17 References to provisions in this Schedule
Reference to provisions in this Schedule
Permitted hours for negotiating an unsolicited consumer agreement
170 Permitted hours for negotiating an unsolicited consumer
170 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Calling on a person for negotiating an unsolicited consumer agreement outside permitted hours is prohibited.
170(1) Permitted hours for negotiating an unsolicited consumer
The provision overlaps with the concept of prohibited hours.
The provision specifies the permitted hours for calling on a person for negotiating an unsolicited consumer agreement.
Prohibition of calling on a person outside permitted hours.
The law prohibits calling on a person for negotiating an unsolicited consumer agreement outside permitted hours.
The provision enforces the prohibition of calling on a person outside permitted hours.
The law specifies penalties for violating the prohibition.
The provision spreads to other areas of the law.
The provision is part of a larger set of laws regulating consumer agreements.
The provision specifies permitted hours for calling on a person for negotiating an unsolicited consumer agreement.
Consent is required for dealer to call or telephone the person.
170(2) Permitted hours for negotiating an unsolicited consumer
Consent is a required condition for contact.
(2) Subsection (1) does not apply if the dealer calls on, or telephones, the person in accordance with consent that:
Strict liability offence for violating permitted hours for negotiating an unsolicited consumer
170(3) Permitted hours for negotiating an unsolicited consumer
(3) Subsection (1) is an offence of strict liability.
Defines permitted hours for negotiating an unsolicited consumer agreement
171 Disclosing purpose and identity
Information relating to dealer's identity
Dealer must clearly advise person of purpose and identity before negotiating.
171(1) Disclosing purpose and identity
Strict liability offence for disclosing purpose and identity
171(2) Disclosing purpose and identity
172 Ceasing to negotiate on request
Dealer must leave premises immediately on request of occupier or prospective consumer
172(1) Ceasing to negotiate on request
...and does not leave the premises immediately...
Prohibits dealer from staying on premises without permission
Dealers must not contact prospective consumers for unsolicited consumer agreements within 30 days of a request.
172(2) Ceasing to negotiate on request
Dealer contacts prospective consumer for unsolicited consumer agreement within 30 days of request.
172 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Dealer must comply with subsection (2) if not the supplier of goods or services.
172(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Dealer may contact prospective consumer under certain conditions.
172(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Dealer may contact prospective consumer.
(a) the dealer is not, or is not to be, the supplier of the goods or services to which the negotiations relate;
Offence of strict liability for subsections (1) and (2)
172(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Requirements for unsolicited consumer agreements etc.
173 Informing person of termination period etc.
Information about termination period, etc.
Dealer must inform person of termination period, etc.
173(1) Informing person of termination period etc.
Dealer must not make unsolicited consumer agreement without informing person.
Dealer and supplier of goods or services must inform person of termination period etc.
173(2) Informing person of termination period etc.
...the supplier of the goods or services is also taken to have contravened subsection (1) in relation to the agreement.
(2) If: (a) a dealer contravenes subsection (1) in relation to an unsolicited consumer agreement...
Classifies contraventions as a contravention of subsection (1)
(2) If a dealer contravenes subsection (1) in relation to an unsolicited consumer agreement...
Diffuses responsibility for contravention
Offence of strict liability for informing person of termination period etc.
173(3) Informing person of termination period etc.
Requirement to give document to the consumer
174 Requirement to give document to the consumer
Dealer must give consumer a copy of the agreement immediately after signing.
174(1) Requirement to give document to the consumer
Dealer commits an offence if not providing agreement.
Dealer must provide agreement document within 5 business days after negotiation.
174(2) Requirement to give document to the consumer
174 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Requirements for all unsolicited consumer agreements etc.
175 Requirements for all unsolicited consumer agreements etc.
The agreement document must set out all terms, including total consideration and postal charges.
Supplier must comply with specific requirements for unsolicited consumer agreements.
175(1) Requirements for all unsolicited consumer agreements etc.
The supplier's actions imply a commitment to comply with the requirements.
Supplier has a duty to comply with the requirements.
Supplier faces a penalty for non-compliance with the requirements.
175(2) Requirements for all unsolicited consumer agreements etc.
Additional requirements for unsolicited consumer agreements not negotiated by telephone
176 Additional requirements for unsolicited consumer agreements not
176 Additional requirements for unsolicited consumer agreements
Consumer signature, business address, and email address (if applicable)
176(1) Additional requirements for unsolicited consumer agreements
Supplier must comply with specific requirements.
176(2) Additional requirements for unsolicited consumer agreements
Does not limit the operation of section 175.
176(3) Additional requirements for unsolicited consumer agreements
176 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Requirements for terminating unsolicited consumer agreements
177 Requirements for amendments of unsolicited consumer
Amendments to the agreement must be signed by both parties.
177(1) Requirements for amendments of unsolicited consumer
Strict liability for terminating unsolicited consumer agreements
177(2) Requirements for amendments of unsolicited consumer
178 Obligations of suppliers on termination
Supplier must return consideration to consumer upon termination of unsolicited consumer agreement.
178(1) Obligations of suppliers on termination
Supplier has an obligation to return consideration.
Strict liability for offence on termination
178(2) Obligations of suppliers on termination
178 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Terminating unsolicited consumer agreement without permission is an offence.
178(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Terminating unsolicited consumer agreement without permission.
178(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Strict liability applies to subsection (2)(a).
178(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prohibition on supplies for 10 business days
179 Prohibition on supplies for 10 business days
179(1) Prohibition on supplies for 10 business days
...if the person is a body corporate—$50,000; or (b) if the person is not a body corporate—$10,000.
Specifies the period within which the supplier must comply with the prohibition
(1) The supplier under an unsolicited consumer agreement commits an offence...
Prohibits supplier from supplying goods or services within a specified period
Specifies that the prohibition applies to recurring supplies within the specified period
179(2) Prohibition on supplies for 10 business days
Misleading or deceptive conduct prohibited
18 Misleading or deceptive conduct
Defines terms and concepts used in the Act.
18 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prohibition on misleading or deceptive conduct in trade or commerce
18(1) Misleading or deceptive conduct
Nothing in Part 3-1 limits by implication subsection (1).
18(2) Misleading or deceptive conduct
Prohibits misleading or deceptive conduct
Repayment of payments received after termination
180 Repayment of payments received after termination
Supplier must refund payments made after termination of unsolicited consumer agreement.
180(1) Repayment of payments received after termination
...supplier does not immediately refund to the consumer...
(1) The supplier under an unsolicited consumer agreement commits an offence if...
Recognizes entity (Supplier) and action (refund)
Prohibits supplier from not refunding payments.
Supplier under an unsolicited consumer agreement commits an offence if...
Strict liability offence for non-repayment of payments received after termination.
180(2) Repayment of payments received after termination
180 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Recovering amounts after termination is prohibited.
181 Prohibition on recovering amounts after termination
Defines the temporal interval for the prohibition.
(1) A person commits an offence if: ComLaw Authoritative Act C2012C00868 Schedule 1 The Australian Consumer Law
Infers the implications of the prohibition.
Prohibits recovering amounts after termination.
Diffuses the prohibition to all relevant parties.
Defines the recurring trace for the prohibition.
Certain provisions of unsolicited consumer agreements void
182 Certain provisions of unsolicited consumer agreements void
Committing an offence for including void provisions in unsolicited consumer agreements.
182(1) Certain provisions of unsolicited consumer agreements void
An offence is committed if the supplier under an unsolicited consumer agreement includes such a provision.
Prohibition of including void provisions in unsolicited consumer agreements.
The agreement includes or purports to include a provision that is void because of section 89(1).
Supplier commits an offence for attempting to enforce a void provision under unsolicited consumer agreements.
182(2) Certain provisions of unsolicited consumer agreements void
The offence occurs when the supplier attempts to enforce or rely on a void provision.
Section 89(1) declares certain provisions under unsolicited consumer agreements as void.
Supplier commits an offence for attempting to enforce such a provision.
Prohibition of attempting to enforce a void provision.
Supplier commits an offence for relying on such a provision.
Prohibition of relying on a void provision.
The supplier must pay a penalty of $50,000 or $10,000.
182(3) Certain provisions of unsolicited consumer agreements void
Payment of $6,000 for non-corporate individuals
182 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
183 Waiver of rights
Supplier commits an offence for inducing consumer to waive rights.
183(1) Waiver of rights
Supplier induces consumer to waive right
183(2) Waiver of rights
Assignment of rights to consumers and suppliers
184 Application of this Division to persons to whom rights of
This Division applies to persons to whom rights of a consumer under a contract are assigned or transferred.
184(1) Application of this Division to persons to whom rights of
This Division applies to persons who have rights of a supplier under a contract.
184(2) Application of this Division to persons to whom rights of
Division applies to persons with supplier rights
184 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Application of this Division to supplies to third parties
185 Application of this Division to supplies to third parties
Division applies in relation to a contract for the supply of goods or services to a consumer on the order of another person.
Division applies to contracts for supplies to third parties
Regulations may limit the application of this Division
186 Regulations may limit the application of this Division
Prohibition on non-compliance with safety standards for services.
186 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The safety standard overlaps with the service provision period.
Temporal overlap between safety standards and service provision
(b) a safety standard for services of that kind is in force; and (c) those services do not comply with the standard.
The service compliance data must be analyzed to identify areas for improvement.
The person must not provide services that do not comply with the standard.
The non-compliance must be diffused to relevant parties.
The service must be subject to recurring non-compliance checks.
Application of this Division to certain conduct covered by the Corporations Act
187 Application of this Division to certain conduct covered by the
Exempts conduct from Division 2 of the Corporations Act 2001
Division 2 occurs during the application of section 736, 992A or 992AA
Temporal relationship between Division 2 and excluded conduct
Section 736, 992A or 992AA of the Corporations Act 2001 applies.
Division 2 is excluded by section 736, 992A or 992AA
Applies to conduct covered by the Corporations Act
Lay-by agreements must be in writing etc.
188 Lay-by agreements must be in writing etc.
188(1) Lay-by agreements must be in writing etc.
Prohibits lay-by agreements without written consent.
188(2) Lay-by agreements must be in writing etc.
188 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Exporting prohibited consumer goods is an offence.
188(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Approval of export by Commonwealth Minister
188(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
188(7) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
189 Termination charges
Supplier commits an offence if agreement requires termination charge payment.
189(1) Termination charges
Termination charge payment overlaps with supplier's lay-by agreement
Overlaps with temporal interval of termination charge payment
Termination charge payment occurs at some point in time
Supplier must pay termination charge if agreement requires it
Implies that supplier must pay termination charge if agreement requires it
Supplier commits an offence for not paying termination charge
Consumer goods supplier's behavior in lay-by agreements can be analyzed using AI
Analyzes consumer goods supplier's behavior in lay-by agreements
Prohibits supplier from committing an offence
Consumer's decision to terminate lay-by agreement is influenced by supplier's actions
Influences consumer's decision to terminate lay-by agreement
Consumer may be influenced by supplier's actions
No termination charge applies if the agreement is terminated by the consumer and the supplier has not breached.
189(2) Termination charges
Supplier commits an offence if termination charge exceeds reasonable costs.
189(3) Termination charges
...the amount of the charge is more than the supplier’s reasonable costs in relation to the agreement.
Termination charges overlap with reasonable costs.
(3) A supplier of consumer goods who is a party to a lay-by agreement commits an offence if...
CogAI recognizes termination charges as a form of exploitation.
Prohibits supplier from entering into lay-by agreement with excessive termination charge.
Termination charges diffuse to all parties involved in lay-by agreements.
Termination charges are recurring in relation to lay-by agreements.
Application of this Part to information providers
19 Application of this Part to information providers
19(1) Application of this Part to information providers
Exemptions from application of this Part
19(2) Application of this Part to information providers
Exemption for publications related to supplied goods or services
19(3) Application of this Part to information providers
Termination of lay-by agreements by suppliers
190 Termination of lay-by agreements by suppliers
Termination of lay-by agreements by suppliers is prohibited.
190(1) Termination of lay-by agreements by suppliers
Prohibits termination of lay-by agreements by suppliers.
Consumer breach, supplier inactivity, or unavailability of goods
190(2) Termination of lay-by agreements by suppliers
...the supplier is no longer engaged in trade or commerce; or...
Temporal relationship between consumer breach and supplier inactivity
...the consumer goods to which the agreement relates are no longer available.
...or the consumer goods to which the agreement relates are no longer available.
Exemptions from liability for breach of contract
Temporal relationship between consumer breach and unavailability of goods
Strict liability offence for termination of lay-by agreements by suppliers
190(3) Termination of lay-by agreements by suppliers
Penalty for non-compliance with trade practices
190 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
191 Refund of amounts
Failure to refund amounts under a lay-by agreement is prohibited.
191(1) Refund of amounts
...fails to refund all the amounts paid by the consumer under the agreement.
Temporal relation between termination and refund.
(1) A supplier of consumer goods who is a party to a lay-by agreement...
...is required to refund all the amounts paid by the consumer under the agreement.
Knowledge representation of supplier's obligations.
...refund all the amounts paid by the consumer.
Prohibition of failure to refund amounts.
Recurring trace of termination and refund.
...must refund all the amounts paid by the consumer under the agreement.
191(2) Refund of amounts
192 Prescribed requirements for warranties against defects
Giving false warranty documents or representations to consumers is an offence.
192(1) Prescribed requirements for warranties against defects
...in connection with the supply, in trade or commerce, of goods or services to a consumer:
Temporal overlap between the supply of goods/services and the provision of false warranty documents or representations.
...the goods or services are goods or services to which such a warranty against defects relates.
Prohibition of false warranty documents or representations.
...the document that evidences a warranty against defects...
Prohibition of false representations to consumers.
Strict liability offence for non-compliance with warranty requirements.
192(2) Prescribed requirements for warranties against defects
192 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
193 Repairers must comply with prescribed requirements
Accepting goods for repair without proper notice is an offence.
193(1) Repairers must comply with prescribed requirements
Temporal overlap between acceptance and repair.
Prohibits accepting goods for repair without proper notice.
Accepting goods for repair without proper notice.
193(2) Repairers must comply with prescribed requirements
194 Supplying etc. consumer goods that do not comply with safety
194(1) Supplying etc. consumer goods that do not comply with safety
The person commits an offence if they supply consumer goods that overlap with a safety standard.
Overlaps with time intervals related to safety standards.
(c) those goods do not comply with the standard.
The person commits an offence if they supply consumer goods that are classified as non-compliant.
Classifies the provision as a prohibition using AI.
The person commits an offence if those goods do not comply with the standard.
(a) the person, in trade or commerce, supplies consumer goods of a particular kind;
The person commits an offence if they supply consumer goods that spread with safety standards.
Spreads the prohibition to related concepts.
(b) a safety standard for consumer goods of that kind is in force;
The person commits an offence if they supply consumer goods that recur with safety standards.
Recurring trace of supplying non-compliant consumer goods.
Offering non-compliant consumer goods is an offence.
194(2) Supplying etc. consumer goods that do not comply with safety
...and (b) a safety standard for consumer goods of that kind is in force;
Defines a temporal interval for the prohibition.
...those goods do not comply with the standard.
Prohibits offering non-compliant consumer goods.
Defines a recurring trace for the prohibition.
Manufacturing, possessing or controlling non-compliant consumer goods is an offence.
194(3) Supplying etc. consumer goods that do not comply with safety
...and those goods do not comply with the standard.
(3) A person commits an offence if: (a) the person, in or for the purposes of trade or commerce, manufactures, possesses or has control of consumer goods of a particular kind;
Implication for manufacturers and traders
...if the person is a body corporate—$1,100,000; or...
Prohibition of non-compliant consumer goods
Exemption from subsection (3) for non-export purposes
194(4) Supplying etc. consumer goods that do not comply with safety
Exporting non-compliant consumer goods is prohibited.
194(5) Supplying etc. consumer goods that do not comply with safety
Overlaps with time period of safety standards.
Prohibits exporting non-compliant consumer goods.
Approval for export of goods under section 106(5)
194(6) Supplying etc. consumer goods that do not comply with safety
(6) Subsection (5) does not apply if the Commonwealth Minister has, by written notice given to the person, approved the export of the goods under section 106(5).
Knowledge representation for approval process
Information diffusion for approval process
Offences of strict liability for certain subsections
194(7) Supplying etc. consumer goods that do not comply with safety
194 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Committing an offence for non-compliance with a service standard.
194(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
...the person has not complied with the standard in relation to the services.
Defines a temporal interval for non-compliance.
Prohibits non-compliance with standards.
Imposes an obligation to comply with standards.
Defines a recurring obligation to comply with standards.
194(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Imposes a duty to prevent non-compliance with safety standards
195 Supplying etc. product related services that do not comply with
Supplying product related services that do not comply with safety standards is an offence.
195(1) Supplying etc. product related services that do not comply with
Offering product-related services that do not comply with regulations is an offence.
195(2) Supplying etc. product related services that do not comply with
196 Requirement to nominate a safety standard
Refusal to comply with a request under section 108 is an offence.
196(1) Requirement to nominate a safety standard
196(2) Requirement to nominate a safety standard
196 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Exemptions from the section's application
196(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Section applies to all information except exempted
196(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
197 Supplying etc. consumer goods covered by a ban
Supplying consumer goods covered by a ban is an offence.
197(1) Supplying etc. consumer goods covered by a ban
Prohibits supplying consumer goods covered by a ban.
Supplying consumer goods covered by a ban is prohibited.
197(2) Supplying etc. consumer goods covered by a ban
Supplying prohibited consumer goods is an offence.
197(3) Supplying etc. consumer goods covered by a ban
...supply of the goods would be prohibited by subsection (1).
Defines temporal interval for prohibition.
Recognizes prohibition in consumer goods.
Prohibits supplying prohibited consumer goods.
Diffuses prohibition to trade or commerce.
Defines recurring trace for prohibition.
197(4) Supplying etc. consumer goods covered by a ban
198 Supplying etc. product related services covered by a ban
Supplying product related services covered by a ban is an offence.
198(1) Supplying etc. product related services covered by a ban
Prohibits supplying product related services covered by a ban.
Offering product-related services covered by a ban is an offence.
198(2) Supplying etc. product related services covered by a ban
Prohibits offering product-related services covered by a ban.
Offence of strict liability for supplying product related services covered by a ban
198(3) Supplying etc. product related services covered by a ban
Subsections (1) and (2) are offences of strict liability within the defined temporal interval
Provision is a prohibition on supplying product related services covered by the ban
Prohibition extends to product related services covered by the ban
Diffuses prohibition to related services
Subsections (1) and (2) are offences of strict liability within the defined recurring trace
198 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Exempts certain individuals from liability for contraventions under subsection (1)
198(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Exempts certain individuals from liability
Subsection (1) does not apply to employees or agents of the defendant
Defendant must provide notice to the person who instituted the proceeding before relying on a defence that involves an allegation of another person's act or default.
198(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
199 Compliance with recall orders
Refusal to comply with recall notice is an offence.
199(1) Compliance with recall orders
Refusal to comply overlaps with recall notice.
Recall notice has a temporal overlap with refusal to comply.
Prohibition of refusing to comply with recall notice.
Recall notice requires person to do something.
Refusal to comply is a recurrent action.
Refusal to comply is a recurring action.
Supplies consumer goods in violation of recall notice
199(2) Compliance with recall orders
...if the notice identifies a defect in, or a dangerous characteristic of, the consumer goods—supplies consumer goods of the kind to which the notice relates.
Requires temporal overlap between recall notice and supply
Implies supply is prohibited if recall notice is in force
...supplies consumer goods of the kind to which the notice relates.
Prohibits supplying consumer goods in violation of recall notice
Diffuses prohibition through supply chain
Requires recurring supply in violation of recall notice
Offence of strict liability for non-compliance with recall orders
199(3) Compliance with recall orders
Subsections (1) and (2) are offences of strict liability
Diffusion of obligation to comply with recall orders
Recurring trace of subsections as offences
2 Definitions
Defines terms used in the Australian Consumer Law
acquire includes: acquire by way of purchase, exchange or taking on lease, on hire or on hire-purchase;
ACN has the meaning given by section 9 of the Corporations Act 2001.
ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
acceptable quality: see sections 54(2) to (7).
Unconscionable conduct within the meaning of the unwritten law
20 Unconscionable conduct within the meaning of the unwritten law
Defines terms related to financial products and services.
20 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prohibition on unconscionable conduct in trade or commerce
20(1) Unconscionable conduct within the meaning of the unwritten law
Exempt from unconscionable conduct meaning if prohibited by section 21 or 22.
20(2) Unconscionable conduct within the meaning of the unwritten law
Exclude from unconscionable conduct meaning
200 Notification by persons who supply consumer goods outside
Failure to provide notice upon request is an offence.
Defendant must not claim ignorance or reliance on false representation to avoid liability for contravention of safety standard or information standard.
200 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Defendant is liable for contravention of safety standard or information standard.
Defendant must not claim ignorance or reliance on false representation to avoid liability.
Defendant is not entitled to rely on defence provided by subsection (1) unless leave is given or notice is served.
Defendant must provide written notice identifying the person from whom services were acquired within 7 days before hearing commences.
Defendant is entitled to rely on defence provided by subsection (1) if leave is given.
Court must give leave for defendant to rely on defence provided by subsection (1).
Defendant is not entitled to rely on defence provided by subsection (1) unless notice is served.
201 Notification requirements for a voluntary recall of consumer
Refusal to provide notice in a voluntary recall of consumer
201(1) Notification requirements for a voluntary recall of consumer
Refusal to provide required notice results in an offence.
201(2) Notification requirements for a voluntary recall of consumer
Prohibition of refusal to provide required notice.
Section 128(6) requires giving a copy of notice.
Providing the required notice is obligatory.
Failure to provide the required notice is prohibited.
Prohibition of failure to provide required notice.
Refusal is permitted under section 128(6).
Permission to refuse providing required notice under certain circumstances.
Section 128(6) requires giving a copy of notice, but does not specify consequences for refusal.
Refusal is a right under section 128(6).
Right to refuse providing required notice under certain circumstances.
Offences of strict liability for notification requirements
201(3) Notification requirements for a voluntary recall of consumer
Suppliers must report consumer goods associated with death or serious injury/illness.
202 Suppliers to report consumer goods etc. associated with the death
202 Suppliers to report consumer goods etc. associated with the
Refusal to give notice as required by section 131 or 132 is an offence.
202(1) Suppliers to report consumer goods etc. associated with the
Strict liability offence for suppliers reporting consumer goods
202(2) Suppliers to report consumer goods etc. associated with the
Imposes a duty on suppliers to report consumer goods
Maximum fine for multiple contraventions of the same provision cannot exceed the maximum fine for one offence.
202 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
...the court must not, in respect of the offences, impose on the person fines that, in the aggregate, exceed the maximum fine that would be applicable in respect of one offence by that person against that provision.
(a) a person is convicted of 2 or more offences constituted by, or relating to, contraventions of the same provision...
203 Supplying etc. goods that do not comply with information
203(1) Supplying etc. goods that do not comply with information
Offering goods that do not comply with information standard is an offence.
203(2) Supplying etc. goods that do not comply with information
Temporal relation between offering goods and information standard.
The person offers goods before the information standard is in force.
Prohibition of offering goods that do not comply with information standard.
The person offers goods that do not comply with the information standard.
Manufacturing, possessing or controlling goods that do not comply with information standards is prohibited.
203(3) Supplying etc. goods that do not comply with information
...the person has not complied with the standard...
Temporal interval between manufacture and non-compliance
(a) the person, in or for the purposes of trade or commerce,...
Implication from non-compliance to offence
(c) the person has not complied with the standard in relation to the goods.
Classification of goods as non-compliant using AI
(b) an information standard for goods of that kind is in force;
Propagating non-compliance through manufacture and possession
Exemption from subsection (3) if goods are not manufactured, possessed or controlled for supply.
203(4) Supplying etc. goods that do not comply with information
Goods not manufactured, possessed or controlled for supply.
Goods intended for use outside Australia are exempt from subsections (1), (2), or (3)
203(5) Supplying etc. goods that do not comply with information
This temporal relationship is exempt from subsections (1), (2), or (3)
Temporal relationship between goods and use outside Australia
Goods are intended to be used outside Australia during a certain period
This classification is exempt from subsections (1), (2), or (3)
Goods are classified as "intended to be used outside Australia"
Subsections (1), (2), or (3) do not apply to these goods
Permissibility of goods use outside Australia
Goods are permitted to be used outside Australia
Temporal ordering of goods use and subsections
Goods are used outside Australia before subsections (1), (2), or (3) take effect
This classification is valid and exempt from subsections (1), (2), or (3)
Goods intended for export only are presumed to be used outside Australia.
203(6) Supplying etc. goods that do not comply with information
Goods may be supplied with a statement applied to them in certain ways.
203(7) Supplying etc. goods that do not comply with information
Offence of strict liability for supplying goods that do not comply with information.
203(8) Supplying etc. goods that do not comply with information
204 Supplying etc. services that do not comply with information
Supplying services that do not comply with information standards is an offence.
204 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
205 Compliance with substantiation notices
Refusal to comply with substantiation notice within specified period is an offence.
205(1) Compliance with substantiation notices
Obligation to comply with substantiation notice
Refusal to provide information or document in compliance with substantiation notice
205(2) Compliance with substantiation notices
Prohibition of refusal to provide information or document
Offence of strict liability for non-compliance with substantiation notices
205(3) Compliance with substantiation notices
206 False or misleading information etc.
Giving false or misleading information to the regulator is prohibited.
Prohibition of false or misleading information
206 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Notice must specify person and claim or representation.
206(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Must provide notice with specific details.
The notice may relate to more than one claim or representation that the person has made.
206(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Exemption for information providers publishing on behalf of another person
206(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
207 Reasonable mistake of fact
Defence for reasonable mistake of fact in prosecution
207(1) Reasonable mistake of fact
Defence allowed if mistake of fact is reasonable
Imposes a duty on the prosecution to prove facts
Imposes a duty on the defendant to correct mistake of fact
Permits defence for reasonable mistake of fact
Mistake of fact is reasonable if reliance is reasonable
Relies on information supplied by another person
Defence allowed if mistake of fact is within the interval
Mistake of fact occurred within a temporal interval
Defendant is not liable if information relied upon was supplied by another person.
207(2) Reasonable mistake of fact
Information relied upon is relevant to the contravention.
Temporal relation between information and contravention.
Contravention occurred at a specific time.
Knowledge graph of defendant's liability.
Information relied upon was supplied by another person.
Defendant's liability is obligation-based.
Diffusion of information and contravention.
Information was supplied by another person.
Recurring trace of information and contravention.
Court permission required to rely on defence involving another person's information.
207(3) Reasonable mistake of fact
(3) If a defence provided by subsection (1) involves an allegation that a contravention was due to reliance on information supplied by another person, the defendant is not entitled to rely on that defence unless:
208 Act or default of another person etc.
Defence against prosecution for contravention of Chapter provision
Temporal relation between cause and contravention
(1) In a prosecution for a contravention of a provision of this Chapter, it is a defence if the defendant proves that...
Recurring trace between cause and contravention
208 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Publication of advertisements in the ordinary course of business is required.
209 Publication of advertisements in the ordinary course of business
Defendant must prove they are a business publisher and received advertisement in ordinary course of business to avoid prosecution for contravention.
Defendant has an obligation to prove they are a business publisher and received advertisement in ordinary course of business.
21 Unconscionable conduct
21(1) Unconscionable conduct
Court may have regard to relative strengths of bargaining positions, conditions not reasonably necessary for supplier's interests, and consumer's understanding of documents.
21(2) Unconscionable conduct
The court may consider whether the consumer was able to understand documents within a reasonable timeframe
whether the consumer was able to understand any documents relating to...
...when determining whether a person has contravened subsection (1)
Court may consider certain factors when determining whether a person has contravened subsection (1)
...regarding the supplier and consumer's bargaining positions
The court's consideration of certain factors is an instance of having regard to those factors
The court may consider whether the consumer was subject to undue influence or pressure over an extended period
whether any undue influence or pressure was exerted on...
210 Supplying goods acquired for the purpose of re-supply
Defence for supplying goods in contravention of section 194 or 203
210(1) Supplying goods acquired for the purpose of re-supply
Defence is related to temporal relation of actions
The defence is based on the timing of actions
Defence requires inference from conditions
Defence requires defendant to prove certain conditions
Defence is a recurring trace of the defendant's actions
The defence is based on the defendant's actions
Notice within 7 days before proceeding commences.
Defendant may rely on defence unless court gives leave or defendant provides notice.
210(2) Supplying goods acquired for the purpose of re-supply
Defendant is permitted to rely on defence.
Defendant must know about notice requirement.
210 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Court must consider relevant matters when determining pecuniary penalty.
210(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
(2) In determining the appropriate pecuniary penalty, the court...
Maximum pecuniary penalty for certain acts or omissions
210(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Amount of pecuniary penalty > $1,100,000 for body corporate or $220,000 for non-body corporate
Amount of pecuniary penalty > $50,000 for section 66(2) or > $10,000 for other provisions
Amount of pecuniary penalty <= $1,100,000 for body corporate or $220,000 for non-body corporate
Amount of pecuniary penalty <= $50,000 for section 66(2) or <= $10,000 for other provisions
211 Supplying services acquired for the purpose of re-supply
Defence in prosecution for contravention of section 195 or 204
it is a defence if the defendant proves that...
Temporal context for service acquisition
(1) In a prosecution for a contravention of a provision of this Chapter that was committed by supplying services in contravention of section 195 or 204
(a) the services were acquired by the defendant for the purpose of re-supply; and (b) the services were so acquired from a person who carried on in Australia a business of supplying such services otherwise than as the agent of a person outside Australia;
Prosecutions must be commenced within 3 years
212 Prosecutions to be commenced within 3 years
Prosecution can be commenced within 3 years after commission of the offence.
Ability to commence prosecution within 3 years
Pecuniary penalty limits for certain acts and omissions
212 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Must provide prosecution commencement within 3 years
Preference must be given to compensation for victims
213 Preference must be given to compensation for victims
Court must give preference to making an order for compensation if defendant cannot pay fine and compensation.
Court must give preference to making an order for compensation.
Penalties for contraventions of the same nature etc.
214 Penalties for contraventions of the same nature etc.
214 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Penalties for previous contraventions of the same nature etc.
215 Penalties for previous contraventions of the same nature etc.
Court cannot impose fine exceeding the amount by which maximum fine is greater than previous fines.
215(1) Penalties for previous contraventions of the same nature etc.
The court must not impose a fine that exceeds...
...the amount by which the maximum fine applicable in respect of that offence is greater than...
Court has permission to impose a fine within the defined limit.
Court has an obligation to consider previous fines when imposing a fine.
...the contravention mentioned in paragraph (a); and
Excessive fine implies previous fines exceed the limit.
Fine for previous contraventions of the same nature
215(2) Penalties for previous contraventions of the same nature etc.
Imposes a duty on the state to impose fines for previous contraventions
216 Granting of injunctions etc.
Granting of injunctions in proceedings for contravention
216 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Criminal proceedings not to be brought for contraventions of Chapter 2 or 3
217 Criminal proceedings not to be brought for contraventions of
Criminal proceedings not allowed for contraventions of Chapter 2 or 3
Prohibits criminal proceedings for contraventions of Chapter 2 or 3
218 Regulator may accept undertakings
Regulator may accept a written undertaking.
218(1) Regulator may accept undertakings
Regulator may accept undertakings with consent.
218(2) Regulator may accept undertakings
Regulator may apply to court for an order if undertaking is breached.
218(3) Regulator may accept undertakings
If regulator considers breach, then may apply to court.
Court may make orders to enforce undertaking breach
218(4) Regulator may accept undertakings
Court must accept undertaking from responsible Minister if required.
218 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Court must accept undertaking from responsible Minister.
Court must not require further undertaking from other persons
If: (a) in a case to which subsection (2) does not apply the court would, but for this subsection, require a person to give an undertaking as to damages or costs; and (b) a responsible Minister gives the undertaking;
Responsible Minister must provide undertaking
(a) in a case to which subsection (2) does not apply the court would, but for this subsection, require a person to give an undertaking as to damages or costs;
(b) a responsible Minister gives the undertaking;
219 Regulator may require claims to be substantiated etc.
Regulator may require claims to be substantiated.
219(1) Regulator may require claims to be substantiated etc.
Information and/or documents to support the claim.
Regulator may require substantiation of claims within 21 days.
219(2) Regulator may require claims to be substantiated etc.
Regulator may require substantiation of claims
219(3) Regulator may require claims to be substantiated etc.
Information is relevant to substantiating claims
Unconscionable conduct in business transactions
22 Unconscionable conduct in business transactions
List of persons to whom credit is supplied by the supplier of credit
22 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The provision to these persons occurs during the payment for those goods or services
(iii) the provision to persons to whom goods or services are supplied by the supplier of credit in respect of payment for those goods or services;
Obligation to provide credit to these persons
Has a list of persons to whom credit is supplied
There must be a provision to these persons when credit is supplied by the supplier of credit
The list is a subset of persons who are supplied with goods or services by the supplier of credit
The list applies everywhere that credit is supplied by the supplier of credit
22(1) Unconscionable conduct in business transactions
Court may have regard to certain factors when determining whether a supplier has contravened subsection (1) in connection with the supply or possible supply of goods or services.
22(2) Unconscionable conduct in business transactions
Court may consider certain factors when determining whether a supplier has contravened subsection (1)
Extending periods for complying with substantiation notices
220 Extending periods for complying with substantiation notices
Written application for extension within 21 days
Extension of time to comply with substantiation notice
220(1) Extending periods for complying with substantiation notices
Regulator may extend period for complying with notice.
220(2) Extending periods for complying with substantiation notices
Regulator has the power to extend period.
220 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
221 Compliance with substantiation notices
Comply with substantiation notice within specified period.
221(1) Compliance with substantiation notices
Compliance period for substantiation notices
221(2) Compliance with substantiation notices
Includes extended period for complying with notice
(2) The substantiation notice compliance period...
Refusal to provide information or document in response to substantiation notice
221(3) Compliance with substantiation notices
Obligation to comply with substantiation notices
222 False or misleading information etc.
Give false or misleading information to the regulator.
222(1) False or misleading information etc.
A person must not give false or misleading information.
Prohibition of giving false or misleading information.
The regulator may impose a pecuniary penalty for contravention.
222(2) False or misleading information etc.
Exceptions apply during document production
the production to the regulator of a document containing false or misleading information if the document is accompanied by a statement of the person that the information is false or misleading.
Justification for exemptions based on intent and knowledge
(a) information that the person could not have known was false or misleading; or (b) the production to the regulator of a document containing false or misleading information if the document is accompanied by a statement of the person that the information is false or misleading.
Artificial intelligence recognizes exemptions based on intent and knowledge
Exempts certain information from the section's application
222 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Order may be made against persons involved in contravening conduct or parties to contracts.
222(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
...a party to the contract who is advantaged by the declared term.
Establishes temporal relation between persons involved in contravening conduct and parties to contracts.
...An order under subsection (1) may be made against...
Implicates that persons involved in contravening conduct or parties to contracts are subject to order.
Classifies persons involved in contravening conduct or parties to contracts using artificial intelligence.
An order under subsection (1) may be made against...
Prohibits persons from engaging in contravening conduct.
...the person who engaged in the contravening conduct...
Propagates the effect of prohibition to persons involved in contravening conduct or parties to contracts.
The court must consider an order that redresses or prevents loss/damage to non-party consumers.
222(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Application can be made within 6 years after the declaration is made or the cause of action accrued.
222(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Within 6 years after the declaration is made or the cause of action accrued.
Regulator may issue a public warning notice
223 Regulator may issue a public warning notice
Regulator may issue a public warning notice about conduct that may constitute a contravention of Chapter 2, 3 or 4.
223(1) Regulator may issue a public warning notice
The regulator is satisfied that one or more other persons has suffered, or is likely to suffer, detriment as a result of the conduct.
has suffered or is likely to suffer detriment as a result of the conduct
The regulator is satisfied that it is in the public interest to issue the notice.
Refusal to respond to substantiation notice within compliance period
223(2) Regulator may issue a public warning notice
The refusal occurred within the compliance period
(2) Without limiting subsection (1), if:
The person must respond within the compliance period
224 Pecuniary penalties
Court may impose pecuniary penalties for contravening certain provisions.
...a period within which to commence proceedings.
Overlaps with temporal intervals for commencement.
...a person has contravened any of the following provisions:
224 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
225 Pecuniary penalties and offences
Court must not make an order against a person convicted of an offence constituting substantially the same conduct as a consumer protection breach.
225(1) Pecuniary penalties and offences
Substantially the same conduct as consumer protection breach
Court must not make an order under section 224
Court cannot make an order under section 224 against a person convicted of an offence
Proceedings for an order under section 224 are stayed if criminal proceedings are started or have already been started against the person for an offence.
225(2) Pecuniary penalties and offences
...if criminal proceedings are started or have already been started against the person for an offence.
Defines an overlap between 'criminal proceedings' and 'proceedings for an order under section 224'
(2) Proceedings for an order under section 224 against a person in relation to a consumer protection breach are stayed...
...the proceedings for the order may be resumed if the person is not convicted of the offence.
Recognizes the prohibition of proceedings for an order under section 224 if criminal proceedings are started or have already been started.
Prohibits proceedings for an order under section 224 if criminal proceedings are started or have already been started.
Diffuses the prohibition of proceedings for an order under section 224 if criminal proceedings are started or have already been started.
Defines a recurring relationship between 'criminal proceedings' and 'proceedings for an order under section 224'
Criminal proceedings may be started against a person for conduct substantially the same as a consumer protection breach.
225(3) Pecuniary penalties and offences
Prevents reusing evidence in criminal proceedings if it was previously used in a consumer protection breach proceeding.
225(4) Pecuniary penalties and offences
Identifies overlapping temporal intervals.
Cannot be reused in criminal proceedings.
Prevents reusing evidence in criminal proceedings.
Evidence previously given or produced in a consumer protection breach proceeding.
226 Defence
Court may relieve person from liability to pecuniary penalty if they acted honestly and reasonably.
Court considers temporal relation between conduct and provision.
Court considers the timing of person's conduct when relieving or excusing them.
Person has engaged in conduct that relates to a contravention of a provision.
Court may relieve person from liability.
Court may excuse person's conduct if they acted honestly and reasonably.
Court may relieve person from liability if they acted honestly and reasonably.
Court justifies its decision based on all circumstances.
Court considers all circumstances of the case before relieving or excusing person.
226 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
227 Preference must be given to compensation for victims
Court must give preference to making an order for compensation if defendant cannot pay both penalty and compensation.
Civil action for recovery of pecuniary penalties
228 Civil action for recovery of pecuniary penalties
Regulator may institute a proceeding for recovery of pecuniary penalties.
228(1) Civil action for recovery of pecuniary penalties
Commencement of proceeding within 6 years after contravention or conduct.
228(2) Civil action for recovery of pecuniary penalties
A proceeding under subsection (1) may be commenced at any time within 6 years after the contravention or conduct.
Obligation to commence proceeding within time limit.
Subsection (1) may be commenced at any time within 6 years after the contravention or conduct.
228 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
(ii) a provision of Part 3-1 (which is about unfair practices);
(i) a provision of Part 2-2 (which is about unconscionable conduct);
(iii) a provision (other than section 85) of Division 2 of
229 Indemnification of officers
Indemnification of officers is prohibited for certain liabilities incurred as an officer.
229(1) Indemnification of officers
Indemnification is prohibited for the specified liabilities within a certain time frame.
Temporal interval of indemnification prohibition.
The law prohibits indemnification within a certain time frame.
Officer indemnification is prohibited based on the represented knowledge.
Knowledge representation of officer indemnification prohibition.
The law represents knowledge about officer indemnification prohibition.
Indemnification is prohibited for the specified liabilities.
Prohibition of indemnification for certain liabilities.
The law prohibits indemnifying a person against certain liabilities incurred as an officer.
Indemnification is prohibited for the specified liabilities in a recurring manner.
Recurring trace of officer indemnification prohibition.
The law prohibits recurring indemnification for the specified liabilities.
Officer indemnification is prohibited and validated by the law.
Validation of officer indemnification prohibition.
The law validates the prohibition of officer indemnification.
Outcome of proceedings is the outcome of proceedings and any appeal in relation to the proceedings.
229(2) Indemnification of officers
23 Unfair terms of consumer contracts
Unfair terms in consumer contracts are void.
23(1) Unfair terms of consumer contracts
(1) A term of a consumer contract is void if...
(a) the term is unfair; and (b) the contract is a standard form contract.
Contract continues to bind parties if it can operate without the unfair term.
23(2) Unfair terms of consumer contracts
Conditional commencement is Undertaking, not Prohibition.
(2) The contract continues to bind the parties if it is capable of operating without the unfair term.
23(3) Unfair terms of consumer contracts
A consumer contract is a contract for...
Prohibits unfair terms in consumer contracts
230 Certain indemnities not authorised and certain documents void
230(1) Certain indemnities not authorised and certain documents void
Anything that purports to indemnify a person against a liability is void if it contravenes section 229.
230(2) Certain indemnities not authorised and certain documents void
Prohibits indemnification against liability
230 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Application of section 229 to a person other than a body
231 Application of section 229 to a person other than a body
232 Injunctions
Granting of injunctions for contravention of provisions in Chapters 2, 3 or 4.
232(1) Injunctions
Prohibition of aiding, abetting, counselling or procuring a person to contravene provisions
(c) aiding, abetting, counselling or procuring a person...
Prohibition of inducing or attempting to induce a person to contravene provisions
(d) inducing, or attempting to induce...,
Prohibition of conspiring with others to contravene provisions
(f) conspiring with others to contravene...
Tracing of contraventions and attempts to contravene provisions
(e) being in any way, directly or indirectly, knowingly concerned...
Court may grant injunction on application by regulator or any other person.
232(2) Injunctions
Prohibits conduct that relies on or applies an unfair term from a consumer contract.
232(3) Injunctions
Court power to grant injunction under subsection (1) can be exercised regardless of intent or previous conduct.
232(4) Injunctions
Restraining a person from carrying on a business or supplying goods or services
232(5) Injunctions
Prohibits carrying on a business or supplying goods or services
Granting of injunctions to compel specific actions
232(6) Injunctions
the court may grant an injunction under that subsection requiring a person to do any of the following:
Temporal relations between actions subject to injunctions
(6) Without limiting subsection (1), the court may grant an injunction under that subsection requiring a person to do any of the following:
Inferences about actions subject to injunctions
Diffusion of actions subject to injunctions
Recurring traces between actions subject to injunctions
Court power to grant injunction regardless of person's intentions or past actions.
232(7) Injunctions
Court can grant injunction regardless of person's intentions or past actions.
Notice to the person who instituted the proceeding
Defendant must provide notice before relying on defence
232 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Must provide notice before relying on defence
233 Consent injunctions
Court may grant injunction by consent of all parties.
234 Interim injunctions
Grant interim injunction under certain circumstances.
234(1) Interim injunctions
Court must not require applicant or regulator to provide something
234(2) Interim injunctions
234 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Exemption from application of section 234(1)
234(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Goods must undergo a fundamental change to be considered substantially transformed.
234(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Regulations may prescribe changes that are not fundamental for the purposes of subsection (3).
234(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prohibition on false representations of country of origin
234(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prescribes a percentage range for goods with a specified logo.
234(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Goods must be grown in a country under specified conditions.
234(7) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
235 Variation and discharge of injunctions
Court may vary or discharge an injunction
236 Actions for damages
Claimant may recover loss or damage from another person involved in contravention of Chapter 2 or 3 provisions.
236(1) Actions for damages
...recover the amount of the loss or damage.
Temporal interval between conduct and contravention.
Cognitive process of recognizing obligations to provide compensation for loss or damage.
Diffusion of obligations from State to other persons involved in contravention.
Implication of Chapter 2 and 3 provisions on actions for damages.
Action for damages can be commenced within 6 years after the day on which the cause of action accrued.
236(2) Actions for damages
Permission to commence an action within a time limit
236 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Disregard packaging materials when calculating goods weight
236(8) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Weight of added water included in ingredient weight and treated as having the same origin.
236(9) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Includes added water in ingredient weight
Compensation orders on application by an injured person or the regulator
237 Compensation orders etc. on application by an injured person or
237 Compensation orders etc. on application by an injured person
Court may make order against person who engaged in conduct causing loss or damage to injured persons.
237(1) Compensation orders etc. on application by an injured person
Timeframe is applicable to court's order
Timeframe for application or reliance on term
constitutes applying or relying on, or purporting to apply or rely on
Term has been declared under section 250 to be an unfair term
Order may be made against person who engaged in conduct
Injured person is likely to suffer loss or damage
Order made against person who engaged in conduct
Injured person has suffered or is likely to suffer
Compensation orders must compensate or prevent loss/damage
237(2) Compensation orders etc. on application by an injured person
Application for compensation orders can be made within 6 years after the declaration is made or the cause of action accrued.
237(3) Compensation orders etc. on application by an injured person
Application can be made within a specified time frame.
Compensation orders etc. arising out of other proceedings
238 Compensation orders etc. arising out of other proceedings
Court may make orders against a person who engaged in conduct causing loss or damage to an injured party.
238(1) Compensation orders etc. arising out of other proceedings
238(2) Compensation orders etc. arising out of other proceedings
(2) The order must be an order that the court considers will:
238 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Orders to redress loss or damage suffered by non-party consumers
239 Orders to redress etc. loss or damage suffered by non-party
If a person engaged in contravening conduct, the state must take certain actions.
24 Meaning of unfair
Participate in a pyramid scheme, make participation payments, or receive recruitment payments.
24 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prohibits participating in a pyramid scheme.
Classifies premises as related to consumer goods or services.
A term of a consumer contract is unfair if it causes a significant imbalance in the parties' rights and obligations.
24(1) Meaning of unfair
The state must ensure fairness in consumer contracts.
Imposes a duty on the state to ensure fairness in consumer contracts.
(1) A term of a consumer contract is unfair if: (a) it would cause a significant imbalance in the parties’ rights and obligations arising under the contract; and (b) it is not reasonably necessary in order to protect the legitimate interests of the party who would be advantaged by the term; and (c) it would cause detriment (whether financial or otherwise) to a party if it were to be applied or relied on.
Court must consider certain factors when determining if a term is unfair.
24(2) Meaning of unfair
Court considers factors within a certain timeframe.
(2) In determining whether a term of a consumer contract is unfair under subsection (1), a court may take into account such matters as it thinks relevant, but must take into account the following:
Term must be expressed in reasonably plain language and legible.
24(3) Meaning of unfair
(3) A term is transparent if the term is: (a) expressed in reasonably plain language; and (b) legible;
Determining whether to make a redress order etc. for non-party
240 Determining whether to make a redress order etc. for non-party
Consider conduct of person and non-party consumers in relation to contravening conduct when determining whether to make an order under section 239(1)
240(1) Determining whether to make a redress order etc. for non-party
(1) In determining whether to make an order under section 239(1) against a person referred to in section 239(2)(a), the court may have regard to the conduct of the person, and of the non-party consumers in relation to the contravening conduct, since the contravention occurred.
The period between the contravention and the determination is relevant when considering the conduct of the person and non-party consumers in relation to contravening conduct
The court must consider the conduct of the person and non-party consumers in relation to contravening conduct when determining whether to make an order under section 239(1)
The court must consider the conduct of the person and non-party consumers in relation to contravening conduct for all persons referred to in section 239(2)(a)
Consider conduct of person and non-party consumers in relation to declared term when determining whether to make an order under section 239(1)
240(2) Determining whether to make a redress order etc. for non-party
Court does not need to find non-party consumers or nature of loss/damage.
240(3) Determining whether to make a redress order etc. for non-party
Exemption from finding non-party consumers or loss/damage
240 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Consumer may recover damages for loss or damage due to supplier's failure to comply with guarantee.
240(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Obligation to provide damages for loss or damage.
Exemption from guarantee liability due to cause independent of human control
240(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
...if the failure to comply with the guarantee occurred only because of a cause independent of human control that occurred after the goods left the control of the supplier.
Subsection (4) applies within the interval of goods leaving supplier's control
...that occurred after the goods left the control of the supplier.
Classifies subsection (4) as exempt from guarantee liability using AI reasoning
Exempts liability for guarantee breaches due to external cause
Subsection (4) applies in recurring situations where goods leave supplier's control
Subsection (4) is valid according to SHACL rules
240(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
(6) To avoid doubt, subsection (4) applies in addition to subsections (2) and (3)
Consumer may take action under this section regardless of packaging condition.
240(7) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Consumer has knowledge of section applicability
241 When a non-party consumer is bound by a redress order etc.
Non-party consumer bound by redress order if loss or damage is redressed, prevented, or reduced.
241(1) When a non-party consumer is bound by a redress order etc.
State is obliged to redress loss or damage.
241(2) When a non-party consumer is bound by a redress order etc.
has no effect in relation to the non-party consumer.
Prohibits effect of order on non-party consumer
(2) Any other order made under section 239(1)
No claim can be made against a non-party consumer in relation to a loss or damage.
241(3) When a non-party consumer is bound by a redress order etc.
242 Applications for orders
Allow applications under section 237(1) or 239(1)
242(1) Applications for orders
Regulator must obtain written consent from persons before making an application.
242(2) Applications for orders
Defines reasonable length and amount of use for a product before failure becomes apparent.
242 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
243 Kinds of orders that may be made
Court orders that may be made against a person (respondent) include declaring contracts void, varying contracts, refusing to enforce provisions, directing refunds or repairs, and executing instruments.
The orders that a court may make under any of those sections against a person (the respondent) include declaring contracts void, varying contracts, refusing to enforce provisions, directing refunds or repairs, and executing instruments.
244 Power of a court to make orders
Court may make an order under Subdivision A or B of this Division.
Court can make an order under Subdivision A or B of this Division.
244 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
245 Interaction with other provisions
Division 2 of this Part is not limited by Subdivisions A and B of this Division.
Division 2 is not limited by Subdivisions A and B.
Subdivisions A and B of this Division do not limit the generality of Division 2 of this Part.
246 Non-punitive orders
Court may make non-punitive orders against a person who has engaged in conduct that contravenes a provision of Chapter 2, 3 or 4.
246(1) Non-punitive orders
Court may make orders for the person who engaged in conduct, including directing them to perform a service or establish a compliance program.
246(2) Non-punitive orders
The court must make orders for the person who engaged in conduct.
Court's powers not limited by this section.
246(3) Non-punitive orders
Services and products must be of a certain nature, quality, state or condition to achieve a desired result by the consumer.
246 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prohibits services and products of a certain nature, quality, state or condition.
247 Adverse publicity orders
Prohibition on contravening provisions of Part 2-2 or Chapter 4
247(1) Adverse publicity orders
Requires disclosure and publication of information by a person in possession or access to it.
247(2) Adverse publicity orders
Imposes a duty on the state to require disclosure and publication
247(3) Adverse publicity orders
Order disqualifying a person from managing corporations
248 Order disqualifying a person from managing corporations
A court may disqualify a person from managing corporations.
248 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Disqualification from managing corporations is a penalty.
249 Privilege against exposure to penalty or forfeiture—
Must answer questions or provide information in a proceeding.
249(1) Privilege against exposure to penalty or forfeiture—
Obligation to answer questions or provide information.
Applicable regardless of proceeding type
249(2) Privilege against exposure to penalty or forfeiture—
Regardless of proceeding type, obligation applies during overlapping intervals
Obligation applies during overlapping intervals
Regardless of proceeding type, obligation is recurrent
Must answer questions or provide information when required by law.
249(3) Privilege against exposure to penalty or forfeiture—
25 Examples of unfair terms
Examples of unfair terms in consumer contracts
25(1) Examples of unfair terms
Prohibits specific types of unfair terms in consumer contracts
Consider detriment to consumers and impact on business before prescribing a term or effect.
25(2) Examples of unfair terms
Consider detriment to consumers within a timeframe
(a) the detriment that a term of that kind would cause to consumers
Minister has an obligation to consider...
250 Declarations relating to consumer contracts
Court may declare a term of a consumer contract as unfair.
250(1) Declarations relating to consumer contracts
Consumer contract must be a standard form contract to apply subsection (1)
250(2) Declarations relating to consumer contracts
Consumer contract is a standard form contract
Court power to make declarations not limited by subsection (1)
250(3) Declarations relating to consumer contracts
Court has obligation to make declarations
250 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Loss of inspection and return cost is a reasonably foreseeable loss.
250(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Inspection and return cost loss overlaps with goods inspection.
(2) Without limiting subsection (1)(b), the cost of inspecting and returning the goods to the manufacturer is taken to be a reasonably foreseeable loss suffered by the affected person as a result of the failure to comply with the guarantee.
Inspection and return cost loss recognized in goods inspection.
Obligation to compensate for inspection and return cost.
Inspection and return cost loss diffuses through goods inspection.
Inspection and return cost loss repeats in goods inspection.
Exemption from subsection (1)(b) for loss or damage due to reduction in goods value
250(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Publication of advertisement in the ordinary course of business is required.
251 Publication of advertisement in the ordinary course of business
Publication of advertisement in the ordinary course of business is prohibited.
251(1) Publication of advertisement in the ordinary course of business
Defence for defendant in proceeding regarding publication of advertisement.
251(2) Publication of advertisement in the ordinary course of business
Temporal overlap between ordinary course of business and contravention
(c) the defendant did not know, and had no reason to suspect, that its publication would amount to a contravention of such provision.
Exemption from liability for ordinary course of business publication
(a) the defendant is a person whose business it is to publish or arrange for the publication of advertisements;
(b) the defendant received the advertisement for publication in the ordinary course of business;
Defendant's lack of knowledge or suspicion
252 Supplying consumer goods for the purpose of re-supply
Prohibition on supplying non-compliant consumer goods
252(1) Supplying consumer goods for the purpose of re-supply
Defence for supplying consumer goods for re-supply
252(2) Supplying consumer goods for the purpose of re-supply
(2) In the proceeding, it is a defence...
252(3) Supplying consumer goods for the purpose of re-supply
Determines the day for payment or proceeding commencement
252 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
253 Supplying product related services for the purpose of re-supply
Prohibition on supplying product related services that do not comply with safety standards or information standards.
253(1) Supplying product related services for the purpose of re-supply
Defence for defendant in product related services proceeding
253(2) Supplying product related services for the purpose of re-supply
254 Overview
No country of origin representations contravene sections 18 and 29(1)(a) or (k) or 151(1)(a) or (k)
Country of origin representations must not overlap with sections 18 and 29(1)(a) or (k) or 151(1)(a) or (k)
No false or misleading representations allowed
State obligation to ensure country of origin representations do not contravene sections 18 and 29(1)(a) or (k) or 151(1)(a) or (k)
Country of origin representations must repeat the prohibition on sections 18 and 29(1)(a) or (k) or 151(1)(a) or (k)
254 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Regulator must have permission to make the application.
Country of origin representations do not contravene certain provisions
255 Country of origin representations do not contravene certain
A person does not contravene section 18, 29(1)(a) or (k) or 151(1)(a) or (k) only by making a representation of a kind referred to in an item in the first column of this table, if the requirements of the corresponding item in the second column are met.
256 Cost of producing or manufacturing goods
Expenditure on materials, labor, and overheads must be calculated according to the provided table.
256(1) Cost of producing or manufacturing goods
The provision imposes a duty on the manufacturer to calculate expenditure according to the table.
Regulations may prescribe that certain costs are not allowable in respect of goods or classes of goods.
256(2) Cost of producing or manufacturing goods
Regulates during production or manufacturing
(2) The regulations may, for the purposes of subsection (1), prescribe...
Regulations may prescribe manner of working out cost of material, labour cost, or overhead cost.
256(3) Cost of producing or manufacturing goods
Regulations may prescribe manner of working out cost.
256 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Rules for determining the percentage of costs of production or manufacture attributable to a country
257 Rules for determining the percentage of costs of production or
Rules for determining the percentage of costs of production or manufacture of goods attributable to a particular country.
257(1) Rules for determining the percentage of costs of production or
Rules must not discriminate between countries or classes of countries.
257(2) Rules for determining the percentage of costs of production or
Must provide rules for determining costs
Prohibits false, misleading or deceptive conduct or representations
258 Proceedings relating to false, misleading or deceptive conduct or
Person bears evidential burden in proceedings related to certain provisions.
Person bears evidential burden between proceedings and provision on which person seeks to rely.
Proceedings brought against person in respect of section 18, 29(1)(a) or (k) or 151(1)(a) or (k);
Person bears evidential burden in relation to provision on which person seeks to rely.
Obligation to provide evidence in proceedings.
Obligation to provide evidence diffuse to person seeking to rely on provision.
Diffusion of obligation to provide evidence.
258 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The linked credit provider must not have cause to suspect that a person entering into the contract might be entitled to claim damages against the supplier.
258(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The linked credit provider must be before aware of the contract or proposals.
(5) The matter for the purposes of subsection (4); is that...
The linked credit provider must have knowledge about the contract or proposals.
The linked credit provider must be aware of the contract or proposals repeatedly.
The linked credit provider must validate the contract or proposals.
This section has effect despite section 278(1).
258(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
259 Action against suppliers of goods
Action against suppliers of goods if guarantee not complied with
259(1) Action against suppliers of goods
Consumer may require supplier to remedy failure within a reasonable time.
259(2) Action against suppliers of goods
Consumer has an obligation to require supplier to remedy failure.
Consumer may reject goods and recover compensation if supplier fails to comply with guarantee.
259(3) Action against suppliers of goods
Consumer may reject goods during the overlap period.
Consumer's right to reject goods overlaps with supplier's obligation to comply with guarantee.
Consumer may reject goods and recover compensation.
Supplier's failure to comply with guarantee implies consumer's right to reject goods and recover compensation.
Supplier fails to comply with guarantee.
Consumer recognizes their right to reject goods and recover compensation if supplier fails to comply with guarantee.
Consumer has an obligation to reject goods and recover compensation.
Consumer's right to reject goods diffuses to supplier's obligation to comply with guarantee.
26 Terms that define main subject matter of consumer contracts etc.
26 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The rights and benefits are included in the services.
Includes rights and benefits in services.
Services include rights, benefits, privileges, or facilities.
The contracts are included in the services.
Includes contracts for work, provision of facilities, etc.
Contracts include performance of work, provision of facilities, etc.
The classification is based on the term's meaning.
Terms are classified based on their meaning.
Exempts certain terms from Section 23 of consumer contracts.
26(1) Terms that define main subject matter of consumer contracts etc.
...to the extent, but only to the extent, that the term: defines the main subject matter of the contract; or sets the upfront price payable under the contract; or is a term required, or expressly permitted, by a law of the Commonwealth, a State or a Territory.
(1) Section 23 does not apply to a term of a consumer contract...
Upfront price must be disclosed at or before contract entry.
26(2) Terms that define main subject matter of consumer contracts etc.
Failure to comply with a guarantee is considered a major failure.
260 When a failure to comply with a guarantee is a major failure
Failure to comply with a guarantee is a major failure if certain conditions are met.
The time period during which the failure to comply with the guarantee is a major failure must be greater than or equal to the time period during which the goods depart in one or more significant respects from the description or sample.
The goods depart in one or more significant respects from the description or sample.
A failure to comply with the guarantee is a major failure.
If the conditions are met, a failure to comply with the guarantee is a major failure.
The obligation to comply with the guarantee is met.
The obligation to comply with the guarantee is met if the conditions are met.
The right to seek remedies for a failure to comply with the guarantee is held by the consumer.
The right to seek remedies for a failure to comply with the guarantee is held by the consumer if the conditions are met.
The time period during which the failure to comply with the guarantee is a major failure must be equal to the time period during which the goods depart in one or more significant respects from the description or sample.
260 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Consumer's benefit limited to lesser of two amounts
260(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Restricts benefit to lesser of two amounts within a specific time frame
Inferential relationship between consumer's benefit and lesser of two amounts
Diffuses limitation to consumer's benefit
Exemption from subsections (1) and (3) under certain circumstances.
260(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Subrogation of credit provider to consumer's rights
260(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Imposes a duty on the State to subrogate the credit provider
Remedy for failure to comply with guarantee
261 How suppliers may remedy a failure to comply with a guarantee
Remedy for consumer's failure to receive goods as guaranteed.
Supplier must remedy failure to comply with guarantee.
Supplier has an obligation to remedy the failure.
Consumers are not entitled to reject goods under certain circumstances.
262 When consumers are not entitled to reject goods
Consumer cannot notify supplier of rejected goods under certain conditions.
262(1) When consumers are not entitled to reject goods
Consumer rejection period has ended or goods are lost/damaged
Rejection period for goods is the time from supply to when failure becomes apparent
262(2) When consumers are not entitled to reject goods
Court determines amount of costs reasonably incurred by linked credit provider in defending joint liability proceedings.
262 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
263 Consequences of rejecting goods
Consumer must notify supplier of rejected goods.
263(1) Consequences of rejecting goods
Must return goods to supplier unless certain conditions are met.
263(2) Consequences of rejecting goods
Supplier must collect goods within a reasonable time.
263(3) Consequences of rejecting goods
Supplier must refund or replace rejected goods
263(4) Consequences of rejecting goods
Replacement occurs during same type and similar value period
(4) replace the rejected goods with goods of the same type, and of similar value, if such goods are reasonably available to the supplier.
Replacement implies refund for same type and similar value period
Refund amount equals value of other consideration
(4) The supplier must, in accordance with an election made by the consumer:
Supplier must provide refund or replacement
Replacement iff refund for same type and similar value period
Supplier cannot satisfy subsection (4)(a) by permitting consumer to acquire goods from supplier.
263(5) Consequences of rejecting goods
Property reverts to supplier upon notification of rejection.
263(6) Consequences of rejecting goods
264 Replaced goods
Prohibition on credit provider taking physical possession of goods before delivery to consumer
264 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
(iv) the credit provider did not take physical possession of the goods before they were delivered to the consumer;
Prohibition on supply of services by a person in relation to whom credit provider is not linked
(b) the supply of services to the consumer by a person in relation to whom the credit provider is not a linked credit provider.
Termination of contracts for supply of services connected with rejected goods
265 Termination of contracts for the supply of services that are
Consumer may terminate contract for supply of services if certain conditions are met.
265(1) Termination of contracts for the supply of services that are
Termination takes effect at the time of notification or reasonable communication.
265(2) Termination of contracts for the supply of services that are
Notification time overlaps with termination effective time.
Consumer's obligation to notify supplier.
Consumer entitled to refund for services
265(3) Termination of contracts for the supply of services that are
266 Rights of gift recipients
Consumer's gift recipient has rights under the Subdivision
The other person has rights during this temporal interval
Temporal interval during which the other person has rights
If a consumer acquires goods from a supplier and gives them to another person as a gift
The other person has CogAI application everywhere during this temporal interval
CogAI application for the other person's rights
Other person has right to exercise consumer's rights
Other person is included in the definition of a consumer
Reference to consumer includes reference to the other person
Subdivision B—Action against suppliers of services
The other person has diffusion of rights everywhere during this temporal interval
The other person has rights everywhere during this temporal interval
Temporal interval everywhere the other person has rights
Defines terms used in the Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
266 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
267 Action against suppliers of services
267(1) Action against suppliers of services
Failure to comply with guarantee occurred after services were supplied
Failure to comply with guarantee did not occur only because of...
Supplier is liable for failure to comply with guarantee
Consumer's action implies supplier's liability
Consumer takes action under this section
Remediation and costs incurred by consumer
Supplier must remedy failure within a reasonable time or face termination of contract.
267(2) Action against suppliers of services
Supplier has an obligation to remedy failure
Consumer may terminate contract or recover compensation for reduced services.
267(3) Action against suppliers of services
Consumer has obligation to terminate contract or recover compensation.
267(4) Action against suppliers of services
Consumer has a right to recover damages.
Clarifies application of subsections (4), (2), and (3)
267(5) Action against suppliers of services
Subsection (4) applies in addition to subsections (2) and (3)
268 When a failure to comply with a guarantee is a major failure
Failure to comply with guarantee is a major failure if certain conditions are met.
Failure to comply is a major failure if conditions are met.
Section 147 of Schedule 2 applies as a law of the Commonwealth to, and in relation to, a corporation as a supplier referred to in that section.
268 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Termination of contracts for the supply of services
269 Termination of contracts for the supply of services
Consumer must terminate contract for supply of services under section 267.
269(1) Termination of contracts for the supply of services
Termination must occur after section 267
Section 267 requires consumer to terminate contract
Consumer must notify supplier of intention to terminate contract.
269(2) Termination of contracts for the supply of services
Consumer has an obligation to notify supplier.
Notification is a class of actions that must be taken by the consumer.
Consumer's right to recover refund of money and consideration for services
269(3) Termination of contracts for the supply of services
27 Standard form contracts
27(1) Standard form contracts
Court must consider specific factors when determining if a contract is standard form.
27(2) Standard form contracts
Termination of contracts for supply of goods connected with terminated services
270 Termination of contracts for the supply of goods that are
Goods, refund for goods and consideration
Consumer must return goods to supplier unless certain conditions are met.
270(1) Termination of contracts for the supply of goods that are
270(2) Termination of contracts for the supply of goods that are
Effect of other Commonwealth laws on the Australian Consumer Law
270 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Action for damages against manufacturers of goods
271 Action for damages against manufacturers of goods
Manufacturer must provide damages for non-compliance with guarantee.
271(1) Action for damages against manufacturers of goods
Manufacturer has an obligation to provide damages.
Exemption from liability for damages due to factors beyond human control or manufacturer's actions
271(2) Action for damages against manufacturers of goods
Manufacturer liable for damages if guarantee not complied with
271(3) Action for damages against manufacturers of goods
Exemption from liability for damages due to causes independent of human control
271(4) Action for damages against manufacturers of goods
...cause independent of human control that occurred after...
Temporal relationship between cause and goods
...occurred after the goods left the control of the manufacturer.
...guarantee under section 56 is not complied with...
271(5) Action for damages against manufacturers of goods
Manufacturer must remedy failure to comply with guarantee within a reasonable time.
271(6) Action for damages against manufacturers of goods
Manufacturer has an obligation to remedy failure.
May commence an action under this section regardless of packaging
271(7) Action for damages against manufacturers of goods
Damages that may be recovered by action against manufacturers of goods
272 Damages that may be recovered by action against manufacturers
Entitlement to recover damages for reduction in goods value due to guarantee failure
272 Damages that may be recovered by action against
272 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
notify the Commission, in writing and within a period specified in the notice
The proposed ban notice must be in writing and published on the internet.
272(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The proposed ban notice must be published on the internet within a period specified in the notice.
The proposed ban notice must be in writing.
272(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
...must be a period of at least 10 days...
(4) The period specified in the proposed ban notice...
Implies a consequence for non-compliance with the prohibition
...must not commence before the day on which the notice is published.
Prohibits commencement before publication
Spreads the prohibition to all relevant entities
A proposed ban notice is not a legislative instrument.
272(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
A proposed ban notice does not exist during the time of legislative instruments.
Temporal relationship between legislative instruments
(5) A proposed ban notice is not a legislative instrument.
Manufacturer has an obligation to provide safe goods
Time limit for actions against manufacturers of goods
273 Time limit for actions against manufacturers of goods
within 3 years after the day on which the affected person first became aware that the guarantee to which the action relates has not been complied with.
Temporal overlap between action commencement and time limit
An affected person may commence an action for damages under this Division at any time within 3 years after the day on which the affected person first became aware...
The affected person must have commenced the action within the specified time period.
Implication of time limit on action commencement
within 3 years after the day on which the affected person first became aware...
The affected person may commence an action for damages...
Permission to commence action within time limit
Temporal relationship between action commencement and time limit
Indemnification of suppliers by manufacturers
274 Indemnification of suppliers by manufacturers
Manufacturer must indemnify supplier if liable to pay damages under section 259(4) or section 271.
274(1) Indemnification of suppliers by manufacturers
(1) A manufacturer of goods is liable to indemnify a person (the supplier) who supplies the goods to a consumer if: (a) the supplier is liable to pay damages under section 259(4) to the consumer for loss or damage suffered by the consumer; and (b) the manufacturer is or would be liable under section 271 to pay damages to the consumer for the same loss or damage.
Manufacturer has an obligation to indemnify supplier.
Manufacturer must indemnify supplier for costs incurred due to failure to comply with guarantee.
274(2) Indemnification of suppliers by manufacturers
Supplier may bring action against manufacturer for indemnification
274(3) Indemnification of suppliers by manufacturers
Supplier has obligation to bring action against manufacturer
Commencement of action within 3 years after earliest specified day
274(4) Indemnification of suppliers by manufacturers
Notice under paragraph (1)(b) is not a legislative instrument.
274 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
275 Limitation of liability etc.
276 This Part not to be excluded etc. by contract
Excluding or modifying provisions of this Part is void.
276(1) This Part not to be excluded etc. by contract
Prohibition on excluding or modifying provisions of this Part.
(1) A term of a contract (including a term that is not set out in the contract but is incorporated in the contract by another term of the contract) is void to the extent that the term purports to exclude, restrict or modify, or has the effect of excluding, restricting or modifying:
Term in contract cannot exclude or modify Part provisions unless explicitly stated.
276(2) This Part not to be excluded etc. by contract
Prohibition on excluding or modifying Part provisions.
Exemption from section 276(3) for certain contracts
276(3) This Part not to be excluded etc. by contract
276 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Minimum notice period for appointment of day
276(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
276(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
276A Limitation in certain circumstances of liability of
Manufacturer's liability to a supplier is limited.
276A(1) Limitation in certain circumstances of liability of
Limitation of liability in certain circumstances
276A(2) Limitation in certain circumstances of liability of
Court must consider certain circumstances when determining fairness of liability limitation.
276A(3) Limitation in certain circumstances of liability of
Court must consider all relevant circumstances.
Court has an obligation to consider certain circumstances.
Court must determine fairness of liability limitation.
Manufacturer's greater liability under contract supersedes statutory liability.
276A(4) Limitation in certain circumstances of liability of
Manufacturer's liability > Statutory liability
Greater liability in contract supersedes statute
277 Representative actions by the regulator
The regulator may commence an action on behalf of identified persons.
Application identifies persons entitled to take action
Liability of suppliers and linked credit providers relating to linked credit contracts
278 Liability of suppliers and linked credit providers relating to
Joint liability for loss or damage suffered by consumer due to misrepresentation, breach, or failure to comply with guarantee.
278(1) Liability of suppliers and linked credit providers relating to
The linked credit provider and supplier of related supply must provide compensation to the consumer.
Linked credit provider and supplier of related supply are jointly and severally liable to the consumer.
Liability for loss or damage due to misrepresentation
A misrepresentation relating to the credit provided under that linked credit contract is a breach of the linked credit contract.
Liability for loss or damage due to breach
A breach of the linked credit contract is a breach of a contract for a related supply.
Liability for loss or damage due to failure to comply with guarantee
A failure to comply with a guarantee that applies under section 54, 55, 56, 57, 60, 61 or 62 in relation to a related supply is a breach of the linked credit contract.
Liability for loss or damage due to warranty breach
A breach of a warranty that is implied in the linked credit contract by section 12ED of the Australian Securities and Investments Commission Act 2001 is a breach of the linked credit contract.
278(2) Liability of suppliers and linked credit providers relating to
278 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Imposing interim ban or issuing recall notice without regard to prior action.
278(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
the Commonwealth Minister may impose the interim ban, or issue the recall notice...
Permission to impose interim ban or issue recall notice.
Notice under subsection (1) or (2) is not a legislative instrument.
278(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Action by consumer to recover amount of loss or damage
279 Action by consumer to recover amount of loss or damage
Consumer can recover amount of loss or damage in court
279(1) Action by consumer to recover amount of loss or damage
Obligation to recover amount of loss or damage
Must bring action against linked credit provider and supplier jointly.
279(2) Action by consumer to recover amount of loss or damage
No action can be taken if the supplier has been dissolved or winding up has commenced.
279(3) Action by consumer to recover amount of loss or damage
Contracts to which this Part does not apply
28 Contracts to which this Part does not apply
Defines tied continuing credit contract and loan contract terms.
28 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Classifies tied continuing credit contract and loan contract terms as obligations.
28(1) Contracts to which this Part does not apply
Contract for carriage of goods by ship includes a reference to any contract covered by a sea carriage document within the meaning of the amended Hague Rules.
28(2) Contracts to which this Part does not apply
Contract type excluded from the Australian Consumer Law
28(3) Contracts to which this Part does not apply
This Part does not apply to a contract that is the constitution of a company, managed investment scheme or other kind of body.
within the meaning of section 9 of the Corporations Act 2001
Linked credit provider not liable in certain cases
280 Cases where a linked credit provider is not liable
Consumer must not claim liability against linked credit provider under section 278 if conditions are met.
280(1) Cases where a linked credit provider is not liable
The approach occurred before the credit provider provided the credit.
Establishes temporal relation between consumer's approach and credit provider's provision.
The approach was not induced by the supplier of the goods or services to which the linked credit contract relates.
State must ensure consumer is not liable under section 278.
Imposes obligation on the state to ensure consumer is not liable.
Section 278 imposes liability on linked credit providers.
Consumer must claim liability against linked credit provider under section 278 if conditions are not met.
Imposes obligation on the consumer to claim liability against linked credit provider under section 278.
Supplier must ensure consumer's approach is not induced.
Imposes obligation on the supplier of goods or services to ensure consumer's approach is not induced.
The consumer's approach is a recurring trace with the credit provider's provision.
Establishes recurring trace between consumer's actions and credit provider's provision.
The credit provided by the credit provider to the consumer was the result of an approach made to the credit provider by the consumer.
A linked credit provider is not liable to a consumer under section 278 if certain conditions are met.
280(2) Cases where a linked credit provider is not liable
The conditions overlap with the scope of section 278.
After becoming a linked credit provider of the supplier...
The conditions imply that liability does not apply.
If the credit provider establishes that...
The linked credit provider's liability is conditional on meeting certain conditions.
Linked credit provider not liable to consumer under section 278 if certain conditions are met.
280(3) Cases where a linked credit provider is not liable
Therefore, the linked credit provider is not liable to consumer under section 278.
Linked credit provider has an obligation to not be liable to consumer under section 278.
The linked credit provider was satisfied that the supplier's reputation was good before becoming a linked credit provider.
280(4) Cases where a linked credit provider is not liable
The proceedings relate to a contract of sale in relation to which a tied continuing credit contract entered into by the linked credit provider applies;
Temporal overlap between proceedings and contract
(a) the proceedings relate to a contract of sale in relation to which a tied continuing credit contract entered into by the linked credit provider applies;
A linked credit provider is not liable to a consumer under section 278 if (a) the proceedings relate to a contract of sale in relation to which a tied continuing credit contract entered into by the linked credit provider applies;
A linked credit provider is not liable to a consumer under section 278 if (b) the credit provider establishes the matter referred to in subsection (5), having regard to;
(b) the credit provider establishes the matter referred to in subsection (5), having regard to:
The credit provider establishes the matter referred to in subsection (5), having regard to;
Repeating trace between consumer and credit provider
Must carry identity card at all times while exercising powers as an inspector.
280 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Amount of liability of linked credit providers
281 Amount of liability of linked credit providers
Limits liability of linked credit providers to a consumer.
The liability of a linked credit provider to a consumer under section 278(1) in relation to a contract referred to in section 278(1) is limited.
282 Counter-claims and offsets
Consumer cannot make counter-claim or exercise right in relation to credit provider's liability unless claims against supplier by third-party proceedings.
282(1) Counter-claims and offsets
Prohibits counter-claim or exercise of right
Exemptions from liability for supplier dissolution or winding up
282(2) Counter-claims and offsets
Consumer may offset liability against credit provider's liability under section 278(1)
282(3) Counter-claims and offsets
282 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Supplier must provide information, documents, and evidence within a reasonable time.
282(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Supplier must provide information, documents, and evidence.
The person specified in the notice may be the Commonwealth Minister or an inspector.
282(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
283 Enforcement of judgments etc.
Enforcement of judgment against linked credit provider unless demand remains unsatisfied for at least 30 days.
283(1) Enforcement of judgments etc.
...the judgment must not be enforced against the credit provider unless a written demand made on the supplier for satisfaction of the judgment has remained unsatisfied for at least 30 days.
Defines temporal interval for enforcement of judgment.
(1) If, in joint liability proceedings, judgment is given against a supplier and a linked credit provider...
Prohibits enforcement of judgment against linked credit provider.
Imposes obligation to wait 30 days before enforcing judgment.
Establishes recurring trace for enforcement of judgment.
Limitation on enforcement of judgment debt
283(2) Enforcement of judgments etc.
...to the extent of the lesser of the following amounts:
Enforcement limited to within specified time frame
...may only be enforced to the extent of...
Prohibits enforcement beyond specified limits
Enforcement limited to within specified limits
Prohibition on consumer receiving benefit of right unless judgment is given against supplier and credit provider
283(3) Enforcement of judgments etc.
Judgment against supplier and credit provider required
Consumer must not receive benefit of right
284 Award of interest to consumers
Award interest to consumers in joint liability proceedings.
284(1) Award of interest to consumers
284(2) Award of interest to consumers
Court must consider payments made by supplier or linked credit provider when determining good cause for awarding interest.
284(3) Award of interest to consumers
Good cause is determined within a temporal interval including payment consideration
Temporal interval of good cause determination includes payment consideration
Court must consider payments made by supplier or linked credit provider...
Good cause is determined based on payment consideration cognition
Payment consideration is a cognitive aspect of good cause determination
Good cause is shown against awarding interest
Court must take into account any payment made into court...
Good cause is determined based on payment consideration diffusion
Payment consideration diffuses into good cause determination
This section applies despite any other law.
284(4) Award of interest to consumers
284 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Liability of suppliers to linked credit providers, and of linked credit providers to suppliers
285 Liability of suppliers to linked credit providers, and of linked
Supplier liability to linked credit provider and supplier under section 278.
285(1) Liability of suppliers to linked credit providers, and of linked
Supplier liability to linked credit provider and supplier.
Supplier liability for linked credit providers
285(2) Liability of suppliers to linked credit providers, and of linked
Joint liability proceedings and recovery under section 135 of the National Credit Code
286 Joint liability proceedings and recovery under section 135 of the
Recovery of amounts under section 135 of the National Credit Code
286(1) Joint liability proceedings and recovery under section 135 of the
...the consumer is entitled under section 135 of the National Credit Code to terminate a linked credit contract;
Overlap between contract termination and section 135 recovery
(c) as a result of the contract being rescinded or discharged...
the following amounts may be recovered...
Consumer's obligation to recover amounts under section 135 of the National Credit Code
(a) a consumer is seeking, in joint liability proceedings...
...may be recovered from: (i) the consumer; or (ii) if the supplier...;
Credit provider's obligation to recover amounts from the consumer or supplier
(f) any amount that the credit provider is entitled under...
...may be recovered in the joint liability proceedings;
Recurring recovery of amounts under section 135 of the National Credit Code
(e) any amount that the consumer is entitled under section 135 of...
Ceases to be recoverable under section 135 of the National Credit Code.
286(2) Joint liability proceedings and recovery under section 135 of the
Prohibits recovery under section 135 of the National Credit Code.
Prevents a court from imposing a higher penalty than the specified infringement notice if not complying with it.
286 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prevents a higher penalty than specified
Liability of suppliers and credit providers relating to non-linked credit contracts
287 Liability of suppliers and credit providers relating to non-linked
Credit provider not liable for consumer loss or damage due to non-compliance with guarantee.
287(1) Liability of suppliers and credit providers relating to non-linked
Consumer can recover amount by action against supplier
287(2) Liability of suppliers and credit providers relating to non-linked
No liability for breach of warranty in non-linked credit contracts
287(3) Liability of suppliers and credit providers relating to non-linked
Breach of warranty occurs within a specific temporal interval
Temporal interval for breach of warranty
Section 12ED of the Australian Securities and Investments Commission Act 2001
Goods/services are represented as non-linked
Knowledge representation for goods/services in non-linked credit contracts
Non-linked credit contracts have a recurring trace
Recurring trace for non-linked credit contracts
Schema validation for goods/services in non-linked credit contracts
Consumer can recover amount from credit provider despite subsection (3) limitation.
287(4) Liability of suppliers and credit providers relating to non-linked
Consumer has the right to recover amount
Subsection (3) does not prevent consumer recovery
Non-linked credit contracts are prohibited.
287(5) Liability of suppliers and credit providers relating to non-linked
288 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prohibits certain actions with specified penalties
29 False or misleading representations about goods or services
29(1) False or misleading representations about goods or services
Representation must be true unless evidence is adduced to the contrary.
29(2) False or misleading representations about goods or services
Obligation to provide true representation.
29(3) False or misleading representations about goods or services
...the representation is not misleading.
290 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Defines temporal relation between subsections
Reiterates that the same conduct constitutes an offence as a contravention.
292 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Same conduct constitutes both an alleged contravention and an offence.
(b) an offence constituted by the same conduct that constituted the alleged contravention.
294 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Withdrawal notice must be given within infringement notice compliance period.
294(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Commission must refund amount paid if infringement notice is withdrawn after payment.
294(7) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Commission has an obligation to refund amount paid.
Inspecting equipment used in manufacturing, processing or storage of consumer goods.
296 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
This inspection occurs during these activities.
Inspection occurs during manufacturing, processing or storage
(e) the power to inspect, handle and measure equipment used in the manufacturing, processing or storage of consumer goods of that kind;
The inspector has the power to inspect equipment.
The inspector has the power to seize equipment.
The inspector has the power to inspect documents.
(a) the power to inspect, handle and read any documents relating to services of that kind;
298 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Exemptions from admissibility in criminal proceedings
298(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
State obligation to exempt individual from admissibility
298(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
3 Meaning of consumer
Definition of consumer for goods acquisition purposes
Threshold amount for consumer acquisition
30 False or misleading representations about sale etc. of land
30 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Exemption from liability for acquiring goods for re-supply or using them up/transforming in trade/commerce
30(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
30(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Price paid or payable for goods or services is taken to be the price under certain conditions.
30(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Price at which goods or services could have been purchased from another supplier
Determine the price paid for goods or services in a mixed supply contract
30(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The amount paid for goods or services acquired by a person other than by purchase is taken to be the price at which, at the time of acquisition, the person could have purchased the goods or services from the supplier.
30(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Imposes an obligation on the state to calculate prices correctly.
Determine the lowest price at which a person could have purchased goods or services from another supplier.
30(7) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Temporal interval for determining the lowest price
(b) at that time, goods or services of the kind acquired could have been purchased from another supplier other than by a mixed supply;
Implication for the amount paid or payable
(a) goods or services acquired by a person other than by way of purchase could not, at the time of the acquisition, have been purchased from the supplier
Cognitive process for determining eligibility
Diffusion of information about eligible goods or services
Goods or services acquired by a person other than by way of purchase could not, at the time of the acquisition, have been purchased from any supplier
30(8) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The obligation applies during the time of acquisition
Defines the temporal interval during which the obligation applies
Imposes an obligation on suppliers to provide goods or services that could have been purchased from them
Inspector must provide a copy of the completed warrant form.
300 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
302 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Person liable to pay costs incurred by inspector
304 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
...may be recovered by action in a court of competent jurisdiction.
Temporal overlap of liability and payment
(2) An amount payable by a person under subsection (1):...
...is a debt due by the person to the Commonwealth;
...is liable to pay an amount equal to the costs reasonably incurred by the inspector in seizing the consumer goods or equipment.
(a) the person from whom the consumer goods were seized...
Diffusion of liability through ownership
(b) if that person is not entitled to possess the consumer goods or equipment—the owner of the consumer goods or equipment;
306 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Contract for prohibited goods is void despite other laws.
306(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Supplier must return or refund consideration to consumer who acquired goods in contravention of embargo notice.
306(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Goods supplied in contravention of embargo notice
Supplier must not supply goods in contravention of embargo notice.
308 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
31 Misleading conduct relating to employment
(a) the purpose for which the warrant is issued; (b) the premises to which the warrant relates; (c) that the warrant is issued under this section; (d) one or more inspectors
Warrant must specify purpose, premises, and inspectors.
310 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Mandatory provision with temporal interval
(g) specify a day (which must not be more than 7 days after the day the warrant is issued)
Mandatory provision with conditional clause
(f) state whether the entry is authorised to be made at any time of the day or night, or during specified hours of the day or night
312 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
312(10) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The authority is granted during the warrant signing.
Authority granted during warrant signing
(10) A form of warrant duly completed under subsection (7) is authority for the same powers as are authorised by the warrant signed by the judge.
The warrant has authority to grant powers.
The warrant is authorised by the warrant.
Court must assume exercise of power was not authorised without warrant.
312(11) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
312(9) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
314 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Professional standards laws apply under subsection (1) in relation to a particular contravention of section 18 of the Australian Consumer Law.
314(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
in the same way as they operate in relation to a tort.
choice of law rules operate in relation to the contravention
Occupational liability is limited by reference to schemes formulated and published in accordance with the law.
314(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Occupational liability is civil liability arising directly or vicariously from anything done or omitted by a person who meets certain conditions.
314(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Occupational liability is a civil obligation.
(5) Occupational liability is civil liability arising directly or vicariously from anything done or omitted by a person who:
Consideration of claimant's share in responsibility for loss or damage.
316 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Division 7 of Part VIB applies to proceedings for compensation due to tobacco-related harm.
318 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Division applies to proceedings for compensation due to tobacco-related harm.
32 Offering rebates, gifts, prizes etc.
32 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Presumption of consumer status in proceedings under the Australian Consumer Law
32(10) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Goods or services must be purchased or acquired together with other property or services.
32(11) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Must provide goods or services together with other property or services.
Reference to consumer defined in Schedule
32(12) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
A reference to a supply of goods or services is to a person who is taken to have acquired them as a consumer.
Presumption that persons are consumers if they obtain credit in connection with the acquisition of goods or services.
32(9) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Acquiring credit in connection with the acquisition of goods or services.
Offering rebates, gifts, prizes etc. is prohibited in trade or commerce.
32(1) Offering rebates, gifts, prizes etc.
Prohibition of offering rebates, gifts, prizes etc.
Classification of goods or services as prohibited
Must provide rebate, gift, prize or other free item within specified time.
32(2) Offering rebates, gifts, prizes etc.
...within the time specified in the offer...
(2) If a person offers any rebate, gift, prize or other free item...
32(3) Offering rebates, gifts, prizes etc.
32(4) Offering rebates, gifts, prizes etc.
Temporal relationship between offer and agreement
The other person agrees to receive the different rebate, gift, prize or other free item.
The agreement implies the replacement offer.
Implication of agreement on replacement offer
The person asserts the replacement offer.
(4) Subsection (2) does not apply to an offer that the person makes to another person if:
Permissibility of offering a replacement
The person offers to the other person a different rebate, gift, prize or other free item.
320 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Order must not exceed 30 days if made ex parte.
320(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
the period specified in the order (which must not be longer than 30 days if the application for the order was an ex parte application)
Defines a temporal interval with a maximum duration.
(4) If the court makes such an order, the order operates:
the order must not be longer than 30 days if the application for the order was an ex parte application
Prohibits exceeding 30 days if made ex parte.
the order operates: (b) if proceedings in relation to which the order is made are concluded before the end of that period
Permits exceeding 30 days if made non-ex parte.
Defines a recurring pattern of orders with a maximum duration.
Section 320(5) has effect subject to the Bankruptcy Act 1966 and does not affect other court powers.
320(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prohibition on inducing or being party to contravention of a provision
322 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
(d) to have induced, or attempted to induce...
324 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Cannot transfer matter to another court without certain conditions.
324(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
...or is otherwise in the interests of justice that the matter be determined by the other court.
(i) the matter arises out of, or is related to...
Prohibition on transferring matter without conditions
Federal Court must not transfer a matter...
Federal Court must transfer matter if conditions are met
(a) the other court has power to grant...
...that the matter be determined by the other court.
Matter may be transferred if it is in the interests of justice
...it appears to the Federal Court that: (ii) it is otherwise in the interests of justice...
Exemption from subsection (1) for certain matters under the Australian Consumer Law
324(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Must follow other court's direction on matter transfer
324(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
326 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Court may give directions and make orders to resolve difficulty in application of paragraphs (2)(c), (d) and (f)
326(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Temporal overlap between court's discretion and paragraphs (2)(c), (d) and (f)
Court's discretion implies obligation to resolve difficulty in application of paragraphs (2)(c), (d) and (f)
Court's discretion infers obligation to resolve difficulty in application of paragraphs (2)(c), (d) and (f)
Court may give directions and make orders
Court's discretion propagates to paragraphs (2)(c), (d) and (f)
No appeal from Federal Court decision on transfer of proceeding under this Act to Family Court.
326(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prohibits appeal from Federal Court decision
328 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Exclusion, restriction or modification is limited to liability for certain types of harm or disadvantage.
328(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Exclusion does not apply to significant personal injury caused by reckless conduct.
328(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Exclusion does not apply to significant personal injury.
Supplier's conduct is reckless if it causes personal injury despite awareness or reasonable suspicion of risk.
328(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Conduct causing personal injury must overlap with supplier's awareness or reasonable suspicion of risk.
Supplier engages in conduct despite risk and without adequate justification.
Supplier's conduct is reckless if it causes personal injury.
Supplier has an obligation to avoid conduct causing personal injury.
Supplier must avoid conduct causing personal injury.
Conduct causing personal injury must be a recurring trace in supplier's conduct.
33 Misleading conduct as to the nature etc. of goods
Consent or agreement of employee or agent is required for direction to be attributed to principal.
330 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
332 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
334 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Exemptions from application of Schedule 2 or specified provisions
334(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Strict compliance is not required, substantial compliance is sufficient.
334(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Defines participating State and Territory.
336 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
participating Territory is a LegalPerson
338 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Duty imposed by Commonwealth law if necessary for validity
338(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Parliament's intention to rely on available powers under the Constitution to support duty imposition.
338(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The Parliament intends to rely on these powers.
Parliament relies on available powers under the Constitution.
Duty imposed by the Act, subject to legislative powers and constitutional restrictions.
338(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Section 140E is not limited by subsections (1) to (5)
338(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
34 Misleading conduct as to the nature etc. of services
Donation of goods or services for non-promotional purposes is not treated as a supply.
34 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Temporal overlap between promotional and non-promotional donations.
(2) For the purposes of Parts 3-3, 3-4, 4-3 and 4-4:
Implication of promotional purpose on treatment of donations.
(a) any donation of goods or services is treated as a supply of the goods or services;
Prohibition of non-promotional donations.
(a) a donation of goods or services is not treated as a supply of the goods or services unless the donation is for promotional purposes;
Influence of promotional donations on treatment of supplies.
Recurring pattern of promotional donations.
340 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
35 Bait advertising
Advertising goods or services at a specified price if there are reasonable grounds for believing the person will not be able to offer them at that price for a period and in quantities reasonable having regard to market nature and advertisement nature.
35(1) Bait advertising
The period during which the person cannot offer goods or services at a specified price overlaps with the market period and advertisement period.
The person is aware or ought reasonably to be aware of the reasonable grounds for believing they will not be able to offer goods or services at a specified price.
Prohibits advertising goods or services at a specified price if there are reasonable grounds for believing the person will not be able to offer them.
The quantity of goods or services that must not be advertised at a specified price repeats with the market quantity and advertisement quantity.
The advertisement must validate the reasonable grounds for believing the person will not be able to offer goods or services at a specified price.
Offer goods or services at specified price for a reasonable period and quantity.
35(2) Bait advertising
(a) the nature of the market in which the person carries on business; (b) the nature of the advertisement.
36 Wrongly accepting payment
36 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
An inference about safety defects cannot be made solely based on the supply of safer goods.
36(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Implies duty to avoid making such inference.
An inference of safety defect is not made solely due to compliance with a mandatory standard.
36(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Compliance does not preclude the possibility of a safety defect.
Inference of safety defect may occur outside the scope of compliance with mandatory standard.
Safety defect inference is not limited to compliance with standard.
Compliance does not guarantee the absence of AI-inferred safety defects.
Artificial intelligence may be used to infer safety defects beyond compliance with mandatory standard.
Safety defect inference is not limited to human judgment.
Inference of safety defect requires more than compliance.
Obligation to ensure safety standards are met.
Compliance with mandatory standard does not guarantee safety.
Compliance does not preclude the possibility of a safety defect in other contexts.
Inference of safety defect may spread beyond compliance with mandatory standard.
Safety defect inference is not contained within compliance with standard.
Compliance does not guarantee the absence of future safety defects.
Inference of safety defect may recur over time despite compliance with mandatory standard.
Safety defect inference is not limited to a single instance.
Accepting payment for goods or services without intention to supply
36(1) Wrongly accepting payment
Prohibition of accepting payment for goods or services without intention to supply
Accepting payment for goods or services with intention to supply different goods or services is prohibited.
36(2) Wrongly accepting payment
The person must not accept payment or other consideration for goods or services with intention to supply different goods or services.
Prohibition of accepting payment for goods or services with intention to supply different goods or services.
(2) A person must not, in trade or commerce, accept payment or other consideration for goods or services if, at the time of the acceptance, the person intends to supply goods or services materially different from the goods or services in respect of which the payment or other consideration is accepted.
The prohibition on accepting payment for goods or services with intention to supply different goods or services is justified by the requirement that a person must not accept payment or other consideration for goods or services if, at the time of the acceptance, the person intends to supply goods or services materially different from the goods or services in respect of which the payment or other consideration is accepted.
Justification of the prohibition on accepting payment for goods or services with intention to supply different goods or services.
If a person accepts payment or other consideration for goods or services with intention to supply different goods or services, then the prohibition on accepting payment for goods or services with intention to supply different goods or services is violated.
Implication of the prohibition on accepting payment for goods or services with intention to supply different goods or services.
Accepting payment under unreasonable circumstances is prohibited.
36(3) Wrongly accepting payment
The payment must be made before the reasonable time expires.
Prohibition applies to payments made within a reasonable time frame.
A reasonable time is defined as the period specified by or on behalf of the person.
The person must recognize the unreasonable circumstances.
Prohibition requires recognition of unreasonable circumstances.
Reasonable grounds for believing the person cannot supply goods or services within a specified period.
Prohibition of accepting payment under unreasonable circumstances.
Prohibition applies to recurring payments under unreasonable circumstances.
The grounds are validated as reasonable.
Prohibition requires validation of reasonable grounds.
Must supply all goods or services accepted for payment
36(4) Wrongly accepting payment
37 Misleading representations about certain business activities
Making false or misleading representations about business activities is prohibited.
37(1) Misleading representations about certain business activities
...a representation that concerns the profitability, risk or any other material aspect of...
Business activities must not overlap with those that can be carried on at or from a person's place of residence.
...a representation that is false or misleading in a material particular; and...
The system recognizes false or misleading representations about business activities.
...a representation that is false or misleading in a material particular.
Prohibits making false or misleading representations.
False or misleading representations about business activities spread to others.
Business activities must not repeat those that can be carried on at or from a person's place of residence.
37(2) Misleading representations about certain business activities
38 Application of provisions of this Division to information providers
38 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
38 Application of provisions of this Division to information
38(1) Application of provisions of this Division to information
38(2) Application of provisions of this Division to information
Exemption from subsection (1) for publications related to supplied goods or services
38(3) Application of provisions of this Division to information
39 Unsolicited cards etc.
Sending unsolicited credit or debit cards is prohibited.
39(1) Unsolicited cards etc.
Exemption for cards sent by or on behalf of the issuer
39(2) Unsolicited cards etc.
No action to enable another person to use a credit card as a debit card without written request.
39(3) Unsolicited cards etc.
Prohibition of enabling another person to use a credit card as a debit card without written request.
Prohibition on using a debit card as a credit card without permission.
39(4) Unsolicited cards etc.
39(5) Unsolicited cards etc.
Defines temporal intervals for credit cards
A credit card is an article that is one or more of the following:
(5) A credit card is an article that is one or more of the following:
Misleading representations with respect to future matters
4 Misleading representations with respect to future matters
Misleading representations with respect to future matters are prohibited.
4(1) Misleading representations with respect to future matters
the representation is taken, for the purposes of this Schedule, to be misleading.
(a) a person makes a representation with respect to any future matter (including the doing of, or the refusing to do, any act); and (b) the person does not have reasonable grounds for making the representation;
Recognizes misleading representations with respect to future matters.
Prohibits making misleading representations with respect to future matters.
Party or other person not to have had reasonable grounds for making a misleading representation about a future matter.
4(2) Misleading representations with respect to future matters
Party or other person did not have reasonable grounds for making the representation.
Obligation to not make misleading representations.
Party or other person makes a representation about a future matter.
State ensures party or other person did not have reasonable grounds for making the representation.
State's obligation to ensure parties do not make misleading representations.
State allows party or other person to make a representation about a future matter.
Prohibits placing an onus of proof on a person regarding the grounds for making a representation.
4(3) Misleading representations with respect to future matters
No implication that a representation is not misleading due to reasonable grounds.
4(4) Misleading representations with respect to future matters
a representation that a person makes with respect to any future matter is not misleading
40 Assertion of right to payment for unsolicited goods or services
Enforceability of contract provision is severable.
40 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prohibition on asserting a right to payment for unsolicited goods or services without reasonable cause.
40(1) Assertion of right to payment for unsolicited goods or services
There is no right to payment without reasonable cause.
Prohibition on asserting a right to payment without reasonable cause.
A person must not assert a right to payment from another person for unsolicited goods unless the person has reasonable cause to believe that there is a right to the payment.
The provision forbids asserting a right to payment for unsolicited goods or services without reasonable cause.
A person must not, in trade or commerce, assert a right to payment from another person for unsolicited goods unless the person has reasonable cause to believe that there is a right to the payment.
The provision negates the assertion of a right to payment for unsolicited goods or services without reasonable cause.
No assertion of right to payment for unsolicited services without reasonable cause.
40(2) Assertion of right to payment for unsolicited goods or services
...assert a right to payment from another person...
Prohibition of asserting a right to payment for unsolicited services.
A person must not, in trade or commerce...
A pecuniary penalty may be imposed for a contravention of this subsection.
No sending unsolicited invoices without warning statement
40(3) Assertion of right to payment for unsolicited goods or services
Person bears onus of proving reasonable cause for payment or charge
40(4) Assertion of right to payment for unsolicited goods or services
41 Liability etc. of recipient for unsolicited goods
No liability for payment or loss/damage from unsolicited goods
41(1) Liability etc. of recipient for unsolicited goods
Prohibits liability for payment or loss/damage
Neither sender nor claimant can recover goods after recovery period ends.
41(2) Liability etc. of recipient for unsolicited goods
Recipient's refusal to accept goods does not trigger liability for unsolicited goods.
41(3) Liability etc. of recipient for unsolicited goods
Refusal to accept goods during recovery period is relevant.
Recovery period during which refusal to accept goods is relevant.
Refusal to accept goods occurs within recovery period.
Exclusion of liability based on refusal to accept goods.
Recipient's refusal to accept goods does not trigger liability.
Refusal to accept goods is a permission.
Permission to refuse to accept goods does not trigger liability.
Recipient's refusal to accept goods is a permission.
Exemption from liability for unsolicited goods based on circumstances of receipt.
Goods received in circumstances where person knew they were not intended for them.
Ordered trace of refusal to accept goods and possession by sender/owner.
Sender/owner takes possession of goods within recovery period.
41(4) Liability etc. of recipient for unsolicited goods
Obligation to recover within a specified period
42 Liability of recipient for unsolicited services
42 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Publication of interests in land is exempt from trade practices amendment if certain conditions are met.
42(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
42(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Information provider is a person who carries on a business of providing information
List of information providers under the Broadcasting Services Act 1992
42(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The holder of a licence granted under the Broadcasting Services Act 1992 provides information
Temporal relationship between licence grants and broadcasting services
A licence granted under the Broadcasting Services Act 1992 implies a broadcasting service
The holder of a licence continued in force by section 5(1) of the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 provides information
A person who is the provider of a broadcasting service under a class licence implies an information provider
The Special Broadcasting Service Corporation provides information
The Australian Broadcasting Corporation provides information
Recurring trace between licence holders and broadcasting services
Prohibits making payment or liability for loss/damage
43 Assertion of right to payment for unauthorised entries or
Prohibition on asserting a right to payment for unauthorised entries or advertisements.
43(1) Assertion of right to payment for unauthorised entries or
Prohibition on asserting a right to payment.
The person must not assert a right to payment.
Prohibition on sending invoices or documents without a warning statement.
43(2) Assertion of right to payment for unauthorised entries or
Exemption for certain publications from subsections (1) and (2)
43(3) Assertion of right to payment for unauthorised entries or
Entitlement to recover payment for unauthorized entries or advertisements.
43(4) Assertion of right to payment for unauthorised entries or
document authorising the placing of the entry or advertisement
Document authorisation required for unauthorised entries or advertisements.
43(5) Assertion of right to payment for unauthorised entries or
the person is not taken for the purposes of this section to have authorised the placing of the entry or advertisement
document authorising the placing of the entry or advertisement has been signed by the person or by another person authorised by him or her
44 Participation in pyramid schemes
44 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
44(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Court must not consider unforeseeable circumstances when determining contravention.
44(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Court cannot consider unforeseeable circumstances.
Court must not consider unforeseeable circumstances.
Circumstances were reasonably foreseeable.
Definition of goods or services for personal, domestic or household use or consumption.
44(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Temporal interval for personal, domestic or household use or consumption
Exclusion of supply for re-supply or transformation
44(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Exclude supply for re-supply or transformation
Section 4 applies for the purposes of this section in the same way as it applies for the purposes of Division 1 of Part 3-1.
44(7) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
in the same way as it applies for the purposes of Division 1 of Part 3-1.
Applying section 4 in the same way as Division 1 of Part 3-1.
Section 4 applies for the purposes of this section.
Prohibition on participating in pyramid schemes
44(1) Participation in pyramid schemes
Forbids participation in pyramid schemes
Prohibits inducing another person to participate in a pyramid scheme.
44(2) Participation in pyramid schemes
Participating in a pyramid scheme is prohibited.
44(3) Participation in pyramid schemes
45 Meaning of pyramid scheme
(i) a financial or non-financial benefit to, or for the benefit of, the other participant or participants;
A pyramid scheme requires new participants to provide a financial or non-financial benefit to other participants.
(b) the participation payments are entirely or substantially induced by the prospect held out to new participants that they will be entitled, in relation to the introduction to the scheme of further new participants, to be provided with either of the following (a recruitment payment);
Temporal interval for participation payments.
Requires new participants to provide a financial or non-financial benefit.
46 Marketing schemes as pyramid schemes
The supplier must provide the business consumer with certain information, including risks and terms of the contract.
Supplier must provide certain information to the business consumer.
46 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The supplier must provide certain information to the business consumer.
Court must consider factors when determining if a scheme is a pyramid scheme.
46(1) Marketing schemes as pyramid schemes
to the value of the goods or services that participants are entitled to be supplied with...
Factors considered relate to temporal intervals
(a) whether the participation payments bear a reasonable relationship...
when determining if a scheme is a pyramid scheme.
The court must have regard to the following matters...
Court may consider matters beyond the scope of subsection (1) when determining if participation payments are induced by recruitment payments.
46(2) Marketing schemes as pyramid schemes
47 Multiple pricing
47(1) Multiple pricing
A displayed price for goods is a price for the goods or any representation that may reasonably be inferred to be a representation of a price for the goods.
47(2) Multiple pricing
Price representation is implied by the presence of a price or representation
Price or representation not applicable at different location or region
47(3) Multiple pricing
Price or representation is not a displayed price for goods if certain conditions are met.
47(4) Multiple pricing
Ceases to be a displayed price if retracted and published with similar circulation or audience.
47(5) Multiple pricing
Requires the retraction to occur within a similar temporal interval as the catalogue or advertisement.
(retracted date) overlaps (newly published date)
Requires the newly published price to be recognized by a similar agent as the catalogue or advertisement.
(newly published price) recognizes (retracted price)
Prohibits a displayed price from being effective if retracted and published with similar circulation or audience.
Requires the newly published price to be diffused through a similar audience as the catalogue or advertisement.
(newly published price) diffuses (retracted price)
Requires the newly published price to be effective until a similar temporal interval as the catalogue or advertisement.
(newly published price) until (retracted date)
48 Single price to be specified in certain circumstances
48 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
No unconscionable conduct in connection with legal proceedings or arbitration.
48(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Court cannot consider unforeseeable circumstances when determining contravention.
48(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Circumstances exist before commencement.
Temporal relation between circumstances and commencement
The court may have regard to circumstances existing before the commencement of this section but not to conduct engaged in before that commencement.
No consideration of unforeseeable circumstances.
Prohibition of considering unforeseeable circumstances
Court must not have regard to any circumstances that were not reasonably foreseeable.
Consideration of circumstances is permitted.
Permission to consider circumstances existing before commencement
The court must not have regard to any circumstances that were not reasonably foreseeable at the time of the alleged contravention; and the court may have regard to circumstances existing before the commencement of this section.
Reference to supply or possible supply of goods/services for trade/commerce purpose
48(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Reference to acquisition or possible acquisition for trade or commerce
48(7) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Section applies in the same way as it applies for Division 1 of Part 3-1.
48(8) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prohibition on promoting goods or services for personal use
(a) the supply, or possible supply, to another person...
49 Referral selling
No inducing consumers to acquire goods or services by representing a rebate, commission, or benefit in return for assisting other consumers.
Prohibits the action of inducing consumers.
Treatment of donations as supplies or acquisitions
5 When donations are treated as supplies or acquisitions
50 Harassment and coercion
Term must be presented clearly and readily available to affected parties.
50 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Term must be presented clearly and readily available.
No physical force, harassment, or coercion in supply, payment, sale, or land interest transactions.
50(1) Harassment and coercion
50(2) Harassment and coercion
51 Guarantee as to title
Supplier has a right to dispose of property in goods when it passes to the consumer.
51(1) Guarantee as to title
Property passes to consumer when supplier disposes of it.
Property in goods is subject to guarantee.
Supplier must dispose of goods before property passes to consumer.
Supplier has a right to dispose of property in goods.
Consumer possesses goods when supplier disposes of them.
Permits limited title transfer without applying subsection (1)
51(2) Guarantee as to title
Exemption from application of section 51(3)
51(3) Guarantee as to title
The provision applies to supplies that are made before or after the specified time period.
(3) This section does not apply if the supply is a supply by way of hire or lease.
The provision does not apply to supplies made by way of hire or lease.
52 Guarantee as to undisturbed possession
52 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Guarantee of undisturbed possession for consumers
52(1) Guarantee as to undisturbed possession
there is a guarantee that the consumer has the right to undisturbed possession of the goods
(b) the supply is not a supply of limited title
(a) a person (the supplier) supplies goods to a consumer
Disturbment of consumer's undisturbed possession is permitted under certain conditions.
52(2) Guarantee as to undisturbed possession
Temporal overlap between disturbance and entitlement.
The consumer's undisturbed possession may be lawfully disturbed by a person entitled to the benefit of any security, charge or encumbrance disclosed to the consumer before the consumer agreed to the supply.
Permission to disturb consumer's undisturbed possession.
Consumer's undisturbed possession may be lawfully disturbed by a person entitled to the benefit of any security, charge or encumbrance disclosed to the consumer before the consumer agreed to the supply.
52(3) Guarantee as to undisturbed possession
53 Guarantee as to undisclosed securities etc.
Guarantee that goods are free from undisclosed security, charge or encumbrance.
53(1) Guarantee as to undisclosed securities etc.
Supplier must comply with guarantee unless floating charge becomes fixed and enforceable.
53(2) Guarantee as to undisclosed securities etc.
Supplier has an obligation to comply with the guarantee.
53(3) Guarantee as to undisclosed securities etc.
Exemption from guarantee for supply by way of hire or lease
53(4) Guarantee as to undisclosed securities etc.
54 Guarantee as to acceptable quality
54 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Guarantee of acceptable quality for goods supplied to consumers.
54(1) Guarantee as to acceptable quality
54(2) Guarantee as to acceptable quality
Must provide goods of acceptable quality.
List of matters for guarantee as to acceptable quality
54(3) Guarantee as to acceptable quality
55 Guarantee as to fitness for any disclosed purpose etc.
Guarantee that goods are reasonably fit for any disclosed purpose.
55(1) Guarantee as to fitness for any disclosed purpose etc.
Express or implied knowledge of purpose to supplier, manufacturer, or person conducting negotiations.
Consumer must disclose purpose for which goods are being acquired.
55(2) Guarantee as to fitness for any disclosed purpose etc.
Purpose is a subset of the temporal interval
Purpose is a temporal interval within which goods are being acquired
Goods are being acquired by the consumer for a particular period
Consumer makes known purpose to supplier, manufacturer, or person conducting negotiations.
Manufacturer must be informed of purpose
Purpose is a trace within which goods are being acquired
Consumer reliance on supplier's skill or judgment is not a duty.
55(3) Guarantee as to fitness for any disclosed purpose etc.
Excludes reliance on supplier's skill or judgment.
The consumer did not rely on, or it was unreasonable for the consumer to rely on...
Excludes reliance on manufacturer's skill or judgment.
...the manufacturer, as the case may be.
56 Guarantee relating to the supply of goods by description
Making false or misleading representations about land is prohibited.
56 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Guarantee for goods supplied by description
56(1) Guarantee relating to the supply of goods by description
A supply of goods is not prevented from being a supply by description only because they are selected by the consumer.
56(2) Guarantee relating to the supply of goods by description
Obligation to provide goods by description
Guarantee applies to goods supplied by description and reference.
56(3) Guarantee relating to the supply of goods by description
Guarantees relating to the supply of goods by sample or demonstration model
57 Guarantees relating to the supply of goods by sample or
Supply of goods by sample or demonstration model must comply with certain guarantees.
Must provide goods that meet certain standards.
58 Guarantee as to repairs and spare parts
Section does not affect application of other provisions in relation to land supply or acquisition.
58 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
58(1) Guarantee as to repairs and spare parts
Exemption from guarantee for reasonable action taken by manufacturer
58(2) Guarantee as to repairs and spare parts
Guarantees relating to the supply of services
59 Guarantee as to express warranties
Guarantee as to express warranties for goods supplied in trade or commerce
59(1) Guarantee as to express warranties
Express warranty obligation for goods supplied in trade or commerce overlaps with the supply of goods
(b) the supply does not occur by way of sale by auction;
there is a guarantee that the manufacturer of the goods will comply with any express warranty given or made by the manufacturer in relation to the goods.
Express warranty obligation for goods supplied in trade or commerce
(1) If: a person supplies, in trade or commerce, goods to a consumer; and the supply does not occur by way of sale by auction;
Express warranty obligation for goods supplied in trade or commerce repeats indefinitely
Guarantee for express warranties in trade or commerce
59(2) Guarantee as to express warranties
the guarantee applies to goods supplied within a specific time frame
Temporal interval for guarantee application
there is a guarantee that the supplier will comply with any express warranty given or made by the supplier in relation to the goods.
6 Related bodies corporate
6 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
A body corporate is taken to be related to another body corporate if the bodies corporate would, under section 4A(5) of the Competition and Consumer Act, be deemed to be related to each other.
6(1) Related bodies corporate
Bodies corporate are not related to each other unless proven otherwise.
6(2) Related bodies corporate
60 Guarantee as to due care and skill
60 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Excuse for non-supply of goods or services due to circumstances beyond control.
60(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
(b) the person took reasonable precautions and exercised due diligence to avoid the failure.
Failure to supply goods or services within a period is excused if it occurs before another cause beyond control.
(a) the person’s failure to supply all the goods or services within the period, or within a reasonable time, was due to the act or omission of another person, or to some other cause beyond the person’s control;
Excuse for non-supply due to circumstances beyond control.
Exemption from subsection (4) for replacement goods or services
60(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Disclosed information about payment or other consideration
Payment or other consideration must be disclosed regardless of its proportion to the total payment.
60(7) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Must disclose payment or other consideration
Guarantee of due care and skill for services supplied to consumers.
61 Guarantees as to fitness for a particular purpose etc.
Guarantee for services supplied to consumers with a particular purpose.
61(1) Guarantees as to fitness for a particular purpose etc.
Consumer must be informed of desired outcome when acquiring services.
61(2) Guarantees as to fitness for a particular purpose etc.
62 Guarantee as to reasonable time for supply
Publication of interests in land is exempt from the Act if made on behalf of a related corporate body or person.
62 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Classification of publication exemptions
Obligation to guarantee reasonable time for supply
63 Services to which this Subdivision does not apply
Exemptions from application of Subdivision
64 Guarantees not to be excluded etc. by contract
Prohibition on using certain articles for obtaining credit
64 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prohibition applies during use for obtaining credit
(b) an article that may be used as an article referred to in paragraph (a),
Forbids use of specified articles for obtaining credit
(b) a similar article intended for use in obtaining cash, goods or services on credit;
Includes certain articles within the scope of prohibition
(c) an article of a kind that persons carrying on business commonly issue to their customers, or prospective customers,
Prohibition spreads through use of debit cards
(b) an article that may be used as an article referred to in paragraph (a).
Prohibition applies for obtaining credit
(a) an article intended for use by a person in obtaining access to an account that is held by the person for the purpose of withdrawing or depositing cash or obtaining goods or services;
Guarantees not to be excluded etc. by contract
64(1) Guarantees not to be excluded etc. by contract
Excluding or modifying provisions of the Division
(a) The application of all or any of the provisions of this Division
Exercise of a right conferred by such a provision
(b) The exercise of a right conferred by such a provision
Liability for failure to comply with a guarantee
(c) Any liability of a person for a failure to comply with a guarantee that applies under this Division
Term of a contract cannot exclude or restrict the application of provisions in this Division.
64(2) Guarantees not to be excluded etc. by contract
...unless the term does so expressly or is inconsistent with the provision.
Prohibition on excluding or restricting application of provisions
(2) A term of a contract is not taken, for the purposes of this section...
64A Limitation of liability for failures to comply with guarantees
Limitation of liability for failures to comply with guarantees
64A(1) Limitation of liability for failures to comply with guarantees
64A(2) Limitation of liability for failures to comply with guarantees
Establishes a limitation on liability for failures to comply with guarantees.
64A(3) Limitation of liability for failures to comply with guarantees
Application of this Division to supplies of gas, electricity and telecommunications
65 Application of this Division to supplies of gas, electricity and
65(1) Application of this Division to supplies of gas, electricity and
Definition of telecommunications service
65(2) Application of this Division to supplies of gas, electricity and
A telecommunications service is a service for carrying communications by means of guided or unguided electromagnetic energy or both.
Telecommunications service is a service for carrying communications by means of guided or unguided electromagnetic energy or both.
66 Display notices
Notice must be in writing and contain specific information.
66 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Notice that meets the requirements of the determination
Display notices required for suppliers of specified goods
66(1) Display notices
Display notice to consumer before supply
66(2) Display notices
Specify information about the application of provisions in this Division.
66(3) Display notices
Imposes a duty on the notice to include specified information.
67 Conflict of laws
Provisions for conflict of laws in contracts with consumers.
68 Convention on Contracts for the International Sale of Goods
Provide particulars of entry or advertisement and charge amount
68 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Obligation to provide particulars and charge amount
Provisions of the United Nations Convention on Contracts for the International Sale of Goods prevail over this Division.
...as amended and in force for Australia from time to time.
...was accessible through the Australian Treaties Library on the AustLII website.
In 2010, the text of a Convention in the Australian Treaties Library...
...prevail over the provisions of this Division.
Provisions of the Convention take precedence.
The provisions of the United Nations Convention on Contracts for the International Sale of Goods...
Meaning of unsolicited consumer agreement
69 Meaning of unsolicited consumer agreement
Agreement is unsolicited consumer agreement if certain conditions are met.
69(1) Meaning of unsolicited consumer agreement
Negotiations must occur at a place other than the business premises.
(i) in each other’s presence at a place other than the business or trade premises of the supplier of the goods or services;
Definition of an unsolicited consumer agreement.
(1) An agreement is an unsolicited consumer agreement if...
Total price paid must be more than $100.
(ii) if it is ascertainable at that time—is more than $100 or such other amount prescribed by the regulations.
Consumer did not invite dealer to negotiate.
(c) the consumer did not invite the dealer to come to that place, or to make a telephone call, for the purposes of entering into negotiations relating to the supply of those goods or services;
Multiple conditions must be met for an agreement to be unsolicited.
(a) it is for the supply, in trade or commerce, of goods or services to a consumer; and (b) it is made as a result of negotiations...
Consumer is not taken to have invited the dealer to come to that place or make a telephone call.
69(1A) Meaning of unsolicited consumer agreement
Consumer has not invited the dealer to come to that place or make a telephone call within a certain time frame.
(1A) The consumer is not taken, for the purposes of subsection (1)(c), to have invited the dealer to come to that place, or to make a telephone call.
The consumer has not invited the dealer to come to that place or make a telephone call.
Consumer has not invited the dealer to come to that place or make a telephone call.
Consumer has not invited the dealer to come to that place or make a telephone call if the consumer has given their name or contact details for another purpose.
(a) given his or her name or contact details other than for the predominant purpose of entering into negotiations relating to the supply of the goods or services referred to in subsection (1)(c);
Dealer's attempt to contact the consumer is unsuccessful if the consumer contacts the dealer in connection with an unsuccessful attempt by the dealer to contact the consumer.
(b) contacted the dealer in connection with an unsuccessful attempt by the dealer to contact the consumer.
7 Meaning of manufacturer
Defines who is considered a manufacturer under the Act.
7(1) Meaning of manufacturer
The definition includes individuals who grow, extract, produce, process, or assemble goods.
Lists the individuals who are considered manufacturers.
(a) a person who grows, extracts, produces, processes or assembles goods;
The definition includes individuals who hold themselves out as manufacturers.
(b) a person who holds himself or herself out to the public as the manufacturer of goods;
The definition includes individuals who cause or permit the application of their name.
(c) a person who causes or permits the name of the person, a name by which the person carries on business or a brand or mark of the person to be applied to goods supplied by the person;
The definition includes individuals who cause or permit others to supply goods.
(d) a person (the first person) who causes or permits another person, in connection with:...
The definition includes individuals who import goods.
(e) a person who imports goods into Australia if:...
Identifies the subject of the definition.
Presumption of manufacturer's involvement in applying a name, brand or mark to goods.
7(2) Meaning of manufacturer
the person caused or permitted the name, brand or mark to be applied to the goods.
(2) For the purposes of subsection (1)(c):
(a) a name, brand or mark is taken to be...
Person is taken to have imported goods into Australia if goods are imported on their behalf.
7(3) Meaning of manufacturer
The importation meets the condition for the person to be taken as having imported the goods.
Defines a temporal relationship between actions
(3) If goods are imported into Australia on behalf of a person...
The person is taken to have imported the goods into Australia.
Establishes an implication between actions and consequences
The system recognizes that the person is taken to have imported the goods.
Performs knowledge recognition or inference
The information is diffused that the person is taken to have imported the goods.
Presumption that agreements are unsolicited consumer agreements
70 Presumption that agreements are unsolicited consumer agreements
70 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
A new participant includes a person who has applied, or been invited, to participate in the scheme.
70(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Person has applied or been invited to participate in the scheme.
Person who has applied or been invited to participate in the scheme.
A scheme is a pyramid scheme if it meets certain conditions.
70(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Identifies temporal intervals where the scheme's characteristics apply.
(3) A scheme may be a pyramid scheme: (a) no matter who holds out to new participants the prospect of entitlement to recruitment payments; and (b) no matter who is to make recruitment payments to new participants; and (c) no matter who is to make introductions to the scheme of further new participants.
Describes the implication of a scheme being a pyramid scheme.
Prohibits schemes that meet the specified conditions.
Describes how a pyramid scheme spreads its characteristics.
Describes the repeating pattern of a pyramid scheme.
70(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
These characteristics overlap with each other.
Characteristics overlap with each other.
(c) the holding out of the prospect of entitlement to recruitment payments does not give any new participant a legally enforceable right;
A scheme is a pyramid scheme if it has any or all of these characteristics.
Pyramid scheme characteristics imply obligation.
(a) the participation payments may (or must) be made after the new participants begin to take part in the scheme;
(d) arrangements for the scheme are not recorded in writing (whether entirely or partly);
(e) the scheme involves the marketing of goods or services (or both);
70 Presumption that agreements are unsolicited consumer
70(1) Presumption that agreements are unsolicited consumer
Presumption that agreements are unsolicited consumer
70(2) Presumption that agreements are unsolicited consumer
...that the proposed agreement would be an unsolicited consumer agreement if it were made.
Temporal relation between proposed agreement and proceeding
(2) In a proceeding relating to a contravention or possible contravention of this Division (other than a criminal proceeding), it is presumed...
Knowledge representation of unsolicited consumer agreements
Presumption of unsolicited consumer agreement
Diffusion of presumptions in proceedings
Recurring trace of proposed agreements in proceedings
71 Meaning of dealer
Defines a dealer as a person who enters into negotiations with consumers.
Defines negotiation for unsolicited consumer agreements
72 Meaning of negotiation
72 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Defines a negotiation as any discussion or dealing directed towards making an agreement.
Imposes an obligation on parties to engage in negotiations
Identifies a clear class/type/subclass hierarchy
73 Permitted hours for negotiating an unsolicited consumer
Dealer cannot call on a person for negotiating an unsolicited consumer agreement outside certain hours.
73(1) Permitted hours for negotiating an unsolicited consumer
...or after 6 pm on any other day (or after 5 pm if the other day is a Saturday).
Describes the temporal intervals during which a dealer can call on a person for negotiating an unsolicited consumer agreement.
Recognizes the pattern of hours during which a dealer can call on a person for negotiating an unsolicited consumer agreement.
Prohibits calling on a person for negotiating an unsolicited consumer agreement outside certain hours.
(1) A dealer must not call on a person...
Describes the difference between the hours during which a dealer can call on a person for negotiating an unsolicited consumer agreement and the hours during which they cannot.
(a) at any time on a Sunday or a public holiday;
Describes the recurring pattern of hours during which a dealer can call on a person for negotiating an unsolicited consumer agreement.
(c) after 6 pm on any other day (or after 5 pm if the other day is a Saturday).
73(2) Permitted hours for negotiating an unsolicited consumer
(2) Subsection (1) does not apply if the dealer calls on the person in accordance with consent that:
(a) was given by the person to the dealer or a person acting on the dealer’s behalf; and (b) was not given in the presence of the dealer or a person acting on the dealer’s behalf.
74 Disclosing purpose and identity
74 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
No charge for sending goods must be included in the single price.
74(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
No obligation to include charge for sending goods.
Must specify minimum charge for sending goods if known.
74(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
74(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Permission to make representations exclusively to a body corporate
A single price must be at least as prominent as the most prominent part of the consideration for supply.
74(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
74(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The single price must include certain quantifiable amounts, such as charges payable to another person or tax and fees imposed on the supplier.
74(7) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
The provision imposes a duty on suppliers to include certain amounts in the single price.
Dealer must disclose purpose and identity before negotiating an unsolicited consumer agreement.
Dealer must disclose purpose and identity.
75 Ceasing to negotiate on request
Must leave premises immediately on request from occupier or person with apparent authority
75(1) Ceasing to negotiate on request
Prohibition of entering premises without permission
Request from occupier or person with apparent authority
Dealers must not contact prospective consumers for 30 days after a request to cease negotiations.
75(2) Ceasing to negotiate on request
Dealer cannot contact prospective customer in relation to supply by another supplier.
75(3) Ceasing to negotiate on request
The prohibition applies from the time the dealer is not the supplier
(3) If the dealer is not, or is not to be, the supplier of the goods or services...
The dealer and prospective customer are recognized as entities
Recognizes entities involved in the provision
The dealer cannot contact the prospective customer in relation to a supply by another supplier.
Prohibits dealer from contacting prospective customer
The prohibition applies in relation to any supply by another supplier
The provision conforms to a valid schema
76 Informing person of termination period etc.
76 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Information about termination period, exercise of right, and other prescribed matters.
Dealer must not make unsolicited consumer agreement without providing specific information.
Prohibits dealer from making unsolicited consumer agreement.
Liability of suppliers for contraventions by dealers
77 Liability of suppliers for contraventions by dealers
Supplier of goods or services also liable for contraventions by dealers
Supplier has obligation to comply with provision
78 Requirement to give document to the consumer
Guarantee that certain persons will not disturb consumer's possession of goods.
78 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Supplier and other persons must not disturb consumer's possession.
Dealer must provide copy of agreement to consumer after signing.
78(1) Requirement to give document to the consumer
Dealer must provide consumer with agreement document within 5 business days.
78(2) Requirement to give document to the consumer
Consumer must provide document upon request
78(3) Requirement to give document to the consumer
79 Requirements for all unsolicited consumer agreements etc.
8 Goods affixed to land or premises
8 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Goods are supplied to a consumer even if affixed to land or premises.
80 Additional requirements for unsolicited consumer agreements not
80 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Goods are of acceptable quality if not specifically drawn to consumer's attention before supply.
80(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
...the goods are taken to be of acceptable quality.
Temporal overlap between supply and specific attention.
(b) the only reason or reasons why they are not of acceptable quality were specifically drawn to the consumer’s attention...
Supply is implied to be of acceptable quality if specific attention is given.
Obligation to ensure goods are of acceptable quality.
Obligation propagates to suppliers and manufacturers.
Disclosure of reasons for goods not of acceptable quality
80(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Consumer's responsibility for goods quality
80(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Consumer must take reasonable steps to prevent goods from becoming of unacceptable quality
Goods quality is affected by consumer's actions
Consumer must examine goods before agreeing to supply.
80(7) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Goods are of acceptable quality if examined.
Obligation to examine goods before agreeing to supply.
Supplier must ensure compliance with additional requirements for unsolicited consumer agreements not negotiated by telephone.
80 Additional requirements for unsolicited consumer agreements
Requirements for amendments of unsolicited consumer agreements
81 Requirements for amendments of unsolicited consumer
Both parties must sign amendments to unsolicited consumer agreements.
Termination of unsolicited consumer agreement during specified period
82 Terminating an unsolicited consumer agreement during the
Goods corresponding with sample or demonstration model
Guarantee for goods quality and condition
82 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Consumer may terminate unsolicited consumer agreement
82(1) Terminating an unsolicited consumer agreement during the
Right to terminate unsolicited consumer agreement despite affirmation or full execution.
82(2) Terminating an unsolicited consumer agreement during the
The termination right is only applicable during this time period.
Termination is limited to a specific time period.
This section defines a specific time period for terminating an unsolicited consumer agreement.
Despite affirmation, the consumer may still terminate the agreement.
Involves affirmation of the agreement by the consumer.
The consumer has affirmed the agreement.
The consumer may terminate the agreement.
The consumer has a right under this section.
The consumer may exercise their termination right despite affirmation or full execution.
Has permission to terminate despite affirmation or full execution.
The consumer has the right to terminate under this section.
The consumer may terminate the agreement despite affirmation or full execution.
Combines two conditions for terminating an unsolicited consumer agreement.
Termination can be exercised under this section in two ways.
Consumer may terminate agreement within specified period.
82(3) Terminating an unsolicited consumer agreement during the
Agreement may be terminated within the specified period starting from the first business day after agreement was made or document was given
Consumer must be informed of termination period
Obligation to provide termination period
Consumer must comply with requirements for unsolicited consumer agreements
Obligation to comply with requirements for unsolicited consumer agreements
Obligation to inform consumer of termination period
Methods for giving notice under subsection (1)
82(4) Terminating an unsolicited consumer agreement during the
Imposes a duty on the state to terminate unsolicited consumer agreements during specified periods
83 Effect of termination
Voiding of related contracts or instruments upon termination of unsolicited consumer agreement.
83(1) Effect of termination
Prohibition of related contracts or instruments.
A related contract or instrument must be disclosed.
83(2) Effect of termination
Must provide a related contract or instrument.
The termination of an unsolicited consumer agreement has effect for the purposes of section 82 and this section.
83(3) Effect of termination
84 Obligations of suppliers on termination
84 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Consumer reliance on supplier's skill or judgment is not required.
84(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Circumstances overlap with consumer reliance.
(3) This section does not apply if the circumstances show that the consumer did not rely on, or that it was unreasonable for the consumer to rely on...
Excluding reliance on supplier's skill or judgment.
Circumstances diffuse consumer reliance.
Exemption from trade practices amendment for professional services
84(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
85 Obligations and rights of consumers on termination
Consumer must return goods or notify supplier within a reasonable time after termination of unsolicited consumer agreement.
85(1) Obligations and rights of consumers on termination
Consumer gets goods back after 30 days of non-collection
85(2) Obligations and rights of consumers on termination
30 days after termination is a valid interval for collection
30 days is a temporal interval after termination
Termination occurs at some point in time
Goods become property of consumer if supplier does not collect
Consumer has a right to goods after termination
Supplier must collect goods within 30 days
Consumer must return goods within 10 business days after agreement termination.
85(3) Obligations and rights of consumers on termination
Consumer obligation to return goods within 10 business days.
Prohibition on supplies etc. for 10 business days
86 Prohibition on supplies etc. for 10 business days
Court must consider circumstances when determining if reliance on contract term is fair or reasonable.
86 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Sch-2-sec-86-2 overlaps with Subdivision D—Miscellaneous.
The provision overlaps with other provisions in the same section.
Subdivision D—Miscellaneous is part of the same section as subsection (3).
Fairness and reasonableness are determined by considering the circumstances.
The provision implies that the court must consider certain factors when determining fairness and reasonableness.
If the court has regard to all the circumstances of the case, then it is fair or reasonable to rely on a term of a contract.
The provision is valid under AI reasoning.
The provision follows the rules of logic and reasoning.
Court has an obligation to consider circumstances when determining if reliance on contract term is fair or reasonable.
The court must have regard to all the circumstances of the case.
Sch-2-sec-86-2 can be inferred from Subsections (a), (b), and (c).
The provision can be inferred from other provisions in the same section.
Subsection (3) is part of the same section as subsections (a), (b), and (c).
Supplier must not supply goods or services, accept payment, or require consideration for 10 business days after agreement is made.
86(1) Prohibition on supplies etc. for 10 business days
Defines the temporal interval of 10 business days starting from a specific date.
(1) The supplier under an unsolicited consumer agreement must not:
Implies that the supplier's actions are prohibited during the specified period.
Infers the supplier's obligations during the specified period.
Prohibits supplier from supplying goods or services, accepting payment, or requiring consideration.
Propagates the prohibition to all relevant parties.
86(2) Prohibition on supplies etc. for 10 business days
86(3) Prohibition on supplies etc. for 10 business days
87 Repayment of payments received after termination
Supplier must refund payments made after termination.
88 Prohibition on recovering amounts after termination
Provisions of foreign laws apply despite the contract term.
88 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prohibition on recovering amounts after termination
...a person must not bring, or assert an intention to bring, legal proceedings against the consumer;
Limits the prohibited action to termination
(1) If an unsolicited consumer agreement is terminated in accordance with section 82, a person must not...
...a person must not take, or assert an intention to take, any other action against the consumer;
(b) take, or assert an intention to take, any other action against the consumer;
89 Certain provisions of unsolicited consumer agreements void
Excluding, limiting, modifying or restricting a right of the consumer under the agreement to terminate the agreement
89(1) Certain provisions of unsolicited consumer agreements void
Defines a temporal interval for the commencement of the provision
(1) A provision (however described) of an unsolicited consumer agreement is void if it has the effect of, or purports to have the effect of:
(a) excluding, limiting, modifying or restricting a right of the consumer under the agreement to terminate the agreement
Excluding, limiting, modifying or restricting the effect or operation of this Division
(b) otherwise excluding, limiting, modifying or restricting the effect or operation of this Division;
Making a dispute relating to the agreement, or to a supply to which the agreement relates, justiciable by a court by which the dispute would not otherwise be justiciable
(c) making a dispute relating to the agreement, or to a supply to which the agreement relates, justiciable by a court by which the dispute would not otherwise be justiciable.
Supplier must ensure agreement does not include void provision.
89(2) Certain provisions of unsolicited consumer agreements void
Cannot attempt to enforce or rely on a void provision
89(3) Certain provisions of unsolicited consumer agreements void
Prohibition of attempting to enforce or rely on a void provision
Meaning of safety defect in relation to goods
9 Meaning of safety defect in relation to goods
Goods have a safety defect if their safety is not such as persons generally are entitled to expect.
9(1) Meaning of safety defect in relation to goods
safety defects occur during the period of use
(1) For the purposes of this Schedule, goods have a safety defect if...
Regard must be given to all relevant circumstances when determining the safety of goods.
9(2) Meaning of safety defect in relation to goods
Regard must be given to all relevant circumstances.
90 Waiver of rights
90 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
No obligation to negotiate supply based on price quote invitation
90(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
(2) An invitation merely to quote a price for a supply is not taken, for the purposes of subsection (1)(c), to be an invitation to enter into negotiations for a supply.
An agreement is an unsolicited consumer agreement if it meets the regulations' criteria.
90(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
An agreement is an unsolicited consumer agreement if it meets the regulations' criteria during the applicable period.
The regulation applies to agreements that meet the criteria during a certain period.
An agreement is classified as an unsolicited consumer agreement if it meets the regulations' criteria.
Classification of agreements in AI systems
The regulation classifies agreements into types that can be used in AI systems.
An agreement meets the criteria if it is of a kind that the regulations provide are unsolicited consumer agreements.
Definition of unsolicited consumer agreement
The regulations provide criteria for unsolicited consumer agreements.
Meeting the criteria is equivalent to being an unsolicited consumer agreement.
Equivalence between meeting the criteria and being an unsolicited consumer agreement
An agreement is an unsolicited consumer agreement if and only if it meets the regulations' criteria.
An agreement is an unsolicited consumer agreement if it meets the regulations' criteria everywhere.
The regulation applies to all agreements that meet the criteria.
An agreement is not an unsolicited consumer agreement if it meets certain conditions.
90(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Consumer cannot waive rights under unsolicited consumer agreement.
90(1) Waiver of rights
Supplier cannot induce consumer to waive rights.
90(2) Waiver of rights
91 Application of this Division to persons to whom rights of
Division applies to persons with assigned or transferred consumer rights.
91(1) Application of this Division to persons to whom rights of
This Division applies to persons who have rights assigned or transferred from the original supplier.
91(2) Application of this Division to persons to whom rights of
Division applies to persons with assigned or transferred rights
92 Application of this Division to supplies to third parties
92 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Division applies to contracts for supplies to consumers
Prohibition on contravening this Division
93 Effect of contravening this Division
Supplier cannot enforce agreement against consumer if provision of Division has been contravened.
93(1) Effect of contravening this Division
cannot enforce agreement against consumer
Supplier under unsolicited consumer agreement
No obligation to prevent contravention under this section.
93(2) Effect of contravening this Division
94 Regulations may limit the application of this Division
94 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
95 Application of this Division to certain conduct covered by the
This Division does not apply in relation to conduct to which section 736, 992A or 992AA of the Corporations Act 2001 applies.
96 Lay-by agreements must be in writing etc.
Signature of the consumer, statement that person is acting on behalf of the supplier, and full business address or residential address.
The agreement must be signed by the consumer under the agreement.
96 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Agreement in writing, copy of agreement to consumer
Supplier must ensure agreement is in writing and provide copy to consumer.
96(1) Lay-by agreements must be in writing etc.
Supplier must ensure lay-by agreement is transparent.
96(2) Lay-by agreements must be in writing etc.
96(3) Lay-by agreements must be in writing etc.
Deposit paid by consumer is taken to be an instalment.
96(4) Lay-by agreements must be in writing etc.
Termination of lay-by agreements by consumers
97 Termination of lay-by agreements by consumers
Consumer may terminate lay-by agreement at any time before delivery.
97(1) Termination of lay-by agreements by consumers
Supplier must ensure termination charge is not payable unless certain conditions met.
97(2) Termination of lay-by agreements by consumers
Supplier has a duty to ensure termination charge is not payable.
98 Termination of lay-by agreements by suppliers
98 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Notice sent by post is taken to have been given at the time of posting.
98(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
No requirements for notice form or content
98(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
No obligation to provide specific information
Termination of lay-by agreements by suppliers under certain conditions.
Prohibits termination of lay-by agreements under certain conditions.
The supplier must not terminate the agreement unless...
99 Effect of termination
Supplier must refund consumer amounts upon termination of lay-by agreement.
99(1) Effect of termination
Supplier has an obligation to refund consumer amounts.
Supplier entitled to recover unpaid termination charge from consumer.
99(2) Effect of termination
Supplier has right to recover unpaid termination charge.
No damages or other remedies can be enforced after termination of a lay-by agreement.
99(3) Effect of termination
Prohibits enforcement of remedies after termination.
1 Subsection 12BA(1)
10 Paragraph 12CC(2)(ja)
Specify conduct of acquirer and business supplier in complying with contract terms
11 Paragraph 12CC(3)(j)
12 Paragraph 12CC(3)(ja)
12BB Misleading representations with respect to future matters
Making misleading representations with respect to future matters is prohibited.
12BB(1) Misleading representations with respect to future matters
...the representation is taken, for the purposes of Subdivision D...
Imposes an obligation on individuals to make truthful representations.
Prohibits making representations that lack reasonable grounds.
(b) the person does not have reasonable grounds...
Requires knowledge of reasonable grounds before making a representation.
Requires a recurring trace of representations made by a person.
Party or other person is not considered to have had reasonable grounds for making a representation unless evidence is adduced to the contrary.
12BB(2) Misleading representations with respect to future matters
Avoids placing an onus of proof on the person who made the representation.
12BB(3) Misleading representations with respect to future matters
...the person who made the representation had reasonable grounds for making the representation.
(3) To avoid doubt, subsection (2) does not:
...placing on any person an onus of proving...
Prohibits placing an onus of proof on the person who made the representation.
Imposes an obligation on the state to avoid placing an onus of proof.
Does not limit the meaning of a reference to misleading representations, conduct, or material particulars.
12BB(4) Misleading representations with respect to future matters
12DN Application of provisions of this Division to information
Exemptions from application of certain provisions to publications by information providers
12DN(1) Application of provisions of this Division to information
Temporal interval for when the exemption applies
(1) Sections 12DA, 12DB, 12DC and 12DF do not apply to a publication of matter by an information provider if:
(b) if the information provider is the Australian Broadcasting Corporation, the Special Broadcasting Service Corporation or the holder of a licence granted under the Broadcasting Services Act 1992—the publication was by way of a radio or television broadcast by the information provider.
(a) in any case—the information provider made the publication in the course of carrying on a business of providing information; or
Temporal interval for when the exemption does not apply
12DN(2) Application of provisions of this Division to information
Exemption for publications of financial services
12DN(3) Application of provisions of this Division to information
Exemptions for publications of financial products
12DN(4) Application of provisions of this Division to information
Publication of financial products is permitted
(4) Subsection (1) does not apply to a publication...
Classification of publicised financial products
(a) the publicised financial products were interests of a kind sold or granted by...
Substitute Competition and Consumer Act 2010 for Trade Practices Act 1974
13 Subsection 12CC(11) (definition of applicable industry
Imposes an obligation on the legislative body
14 Subsection 12CC(11) (definition of industry code)
Repeal subsection and substitute with Corporations legislation
15 Subsection 12DB(1)
16 Subsection 12DC(2)
17 Subsection 12DC(2B)
18 Subsection 12DC(2C)
Modify definition of 'rebates, gifts, prizes etc.'
19 Paragraph 12DE(1)(a)
2 Subsection 12BA(1) (definition of infringement notice
Repeal of paragraph 12DE(1)(b) and substitution with new conditions.
20 Paragraph 12DE(1)(b)
Prohibition of offering rebates, gifts, etc. in connection with financial services.
Classification of activities related to financial services.
Disqualification from managing corporations
206EA Disqualification under the Competition and Consumer Act
21 Paragraph 12DE(1)(c)
22 After subsection 12DE(2)
Offering a rebate, gift, prize or other free item in connection with the supply or use of financial services is prohibited.
22(2A) After subsection 12DE(2)
Offering a rebate, gift, prize or other free item in connection with the supply or use of financial services.
Failure to comply with this subsection is an offence (see section 12GB).
The action is classified as a prohibition.
Classification of actions as prohibitions
No obligation to provide rebate if due to another person's act or control beyond their power.
22(2B) After subsection 12DE(2)
Permits a person to offer a different rebate, gift, prize or other free item as a replacement.
22(2C) After subsection 12DE(2)
Circumstance in which conduct occurs for application of Criminal Code
22(2D) After subsection 12DE(2)
23 Subsection 12DE(3)
24 At the end of section 12DE
25 At the end of subsection 12DM(1)
Sending unsolicited financial documents without a warning statement is prohibited.
26 After subsection 12DM(1A)
Prohibition of unsolicited financial documents
27 Subsection 12DM(1B)
28 Subsections 12DM(2) and (3)
29 After section 12DM
Prohibition on asserting a right to payment for advertising without authorization.
29(1) After section 12DM
asserting a right to payment without authorization
Prohibition on sending invoices or documents with false information
29(2) After section 12DM
The prohibition applies during the period after which the warning statement must be included.
The regulations require a warning statement to be included in documents sent after a certain date.
Sending an invoice or document without a warning statement is prohibited.
Prohibits the action of sending invoices or documents with false information
The regulations require a warning statement to be included in such documents.
Compliance with the regulation requires including a warning statement in such documents.
Describes the requirements for compliance with the regulation
The regulations require a warning statement to be included in documents sent by a person to another person.
Compliance with the regulation requires authorization from the person placing the advertisement.
Describes the authorization required for compliance with the regulation
The regulations require that the person authorizing the placement of an advertisement must also authorize the sending of such documents.
The prohibition applies everywhere, regardless of the context or purpose of the document.
The regulations apply to all documents sent by a person to another person.
Exempts certain advertisements from subsections (1) and (2)
29(3) After section 12DM
No payment to another person without authorization.
29(4) After section 12DM
A person must authorise the placing of an advertisement with a document signed by them or another authorised person.
29(5) After section 12DM
The time period between the signing of the document and the assertion of payment is relevant.
The right to payment of a charge for the placing of the advertisement is asserted after the person has signed the document.
A document signed by the person or another authorised person is required.
The person must authorise the placing of the advertisement.
A copy of the document must be provided before payment is asserted.
The person must provide a copy of the document before payment is asserted.
A copy of the document has not been given to the person.
The time period between the signing of the document and the assertion of payment is relevant for the person to have authorised it.
The person has not signed the document before the right to payment of a charge for the placing of the advertisement is asserted.
Substitute “includes” for “has” in the definition of misleading.
3 Subsection 12BA(1) (definition of misleading)
Repeal section and substitute with new provision
30 Section 12DN
31 Section 12GXC (table item 2)
Replace Trade Practices Act 1974 with Competition and Consumer Act 2010
32 Paragraphs 102(2)(e) and (2B)(b)
Imposes a duty on the Corporations Act 2001 to replace Trade Practices Act 1974 with Competition and Consumer Act 2010
Repeal and substitute section with new legislation.
33 Section 206EA
Add an order under section 12GLD of the ASIC Act.
34 At the end of subsection 1349(1)
342 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
344 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Making false or misleading representations about financial services is prohibited.
344(1) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
...in connection with the supply or use of financial services:
344(1A) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Avoids doubt on the effect of subsection (1A)
344(1B) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prohibition on promoting financial products with land interests
346 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
(iv) the promotion by any means of a financial product that consists of, or includes, an interest in land;
System recognizes prohibited promotional practices
Prohibits promotion of financial products with land interests
Includes land interests in financial products
Prohibition diffuses to all promotional means
348 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
35 At the end of subsection 1349(3)
Person bears onus of proving they knew or had reasonable cause to believe the person against whom a right to payment was asserted had authorised the placing of the advertisement.
350 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
...they knew or had reasonable cause to believe...
The person against whom a right to payment was asserted has authorised...
...the person against whom a right to payment was asserted had authorised the placing of the advertisement.
The person knows or has reasonable cause to believe...
The person has reasonable cause to believe...
352 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
352(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
352(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Continued in force by section 5(1) of the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992
License granted under the Broadcasting Services Act 1992
Each of the following is an information provider
354 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Granting permission for an order under section 12GLD of the ASIC Act.
36 At the end of subsection 1349(4)
4 Subsection 12BA(1) (paragraph (a) of the definition of
Definition of unsolicited financial products
5 Subsection 12BA(1)
Prohibits supply of unsolicited financial products
Classifies financial products as unsolicited if supplied without request
6 Section 12BB
7 Subsection 12BC(1)
8 At the end of Subdivision B of Division 2 of Part 2
8(1) At the end of Subdivision B of Division 2 of Part 2
The person makes a demand or threatens to bring legal proceedings
Establishes burden of proof for documents sent by or on behalf of a person.
8(2) At the end of Subdivision B of Division 2 of Part 2
Establishes obligation to prove documents sent by or on behalf of a person.
Specify conduct of supplier and service recipient in complying with contract terms
9 Paragraph 12CC(2)(j)
1 Before section 51ACA
Aiding, abetting, or inducing a corporation to contravene an industry code is prohibited.
2 Subsection 51ACA(1)
3 Before section 51AD
356 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
356(2) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Court must not make an order unless it considers redressing or preventing loss/damage to non-parties.
356(3) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
...the order will: redress, in whole or part...
Court's consideration of redress/prevention is conditional on temporal interval
(3) A court must not make an order unless...
...the order will: prevent or reduce the loss...
Court must consider preventing loss/damage to non-parties
Court has obligation to consider redress/prevention
Court's consideration of redress/prevention is recurring and traceable
Application may be made under subsection (1) even if enforcement proceeding has not been instituted.
356(4) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Application can be made within 6 years after the cause of action accrues.
356(5) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Ability to make an application within a time limit.
Application can be made at any time within a specified interval.
Court may consider conduct of person and non-parties in determining whether to make an order under subsection (1)
356(6) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Court considers conduct of person and non-parties since contravention occurred
Court must consider conduct of person and non-parties
Court has regard to conduct of person and non-parties in determining whether to make an order under subsection (1)
Court may have regard to conduct of person and non-parties in determining whether to make an order under subsection (1)
Court considers conduct of person and non-parties in relation to contravening conduct
Court does not need to find non-parties or nature of loss/damage in determining whether to make an order.
356(7) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Court does not need to find non-parties or nature of loss/damage.
Exemptions are a recurring trace in the law
Non-party bound by order if loss or damage is redressed, prevented, or reduced.
356(8) Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Redress, prevention, or reduction of loss or damage.
(b) the loss or damage suffered, or likely to be suffered, by a non-party...
then: (d) the non-party is bound by the order;
(a) an order is made under subsection (1) against a person; and (b) the loss or damage suffered, or likely to be suffered, by a non-party...
no claim, action or demand may be made or taken against the person by the non-party in relation to that loss or damage.
No claim, action, or demand may be made against person.
(f) despite any other provision of this Act or any other law of the Commonwealth, or a State or Territory...
Non-party accepts redress, prevention, or reduction.
(c) the non-party has accepted the redress, prevention or reduction;
has been redressed, prevented or reduced in accordance with the order;
358 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Documents containing false or misleading information
Produce documents containing false or misleading information to the Commission.
360 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Insert: Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010
4 After section 51AD
Division 4 of Part IVB does not apply to conduct before commencement.
5 Application provision
Prohibits application of Division 4 to conduct before commencement.
Substitute certain words in a trade practice title.
1 Title
Repeal definition of infringement notice (compliance period)
10 Subsection 4(1) (definition of infringement notice
100 Sections 87AAA, 87AAB, 87A, 87AB, 87AC and 87CAA
Substitute section 236 of the Australian Consumer Law for section 82.
100A Subsection 87CB(1)
Substitute section 18 of the Australian Consumer Law for section 52.
101 Subsection 87CB(1)
Substitute paragraph 87(1A)(b) with alternative options.
102 Section 87D (paragraph (a) of the definition of plaintiff)
Substitute 'Australian Consumer Law' for 'this Act'
103 Subsection 87E(1)
Imposes a duty on the legislative body to make the substitution
Omit specified provisions from the Australian Consumer Law
104 Paragraph 87E(1)(a)
105 Parts VIC and VID
Substitute 'this Act' for 'the Trade Practices Act 1974'
106 Subsection 89(6)
Substitute Division 3 of Part XI for section 65J or 65M
107 Paragraph 95(2)(b)
Permits substitution of certain provisions.
108 Subsection 155AAA(21) (paragraph (a) of the definition of
Insert 'made under section 172' after 'regulations'
109 Subsection 155AAA(21) (paragraph (c) of the definition of
Repeal definition of infringement notice provision
11 Subsection 4(1) (definition of infringement notice
Add a provision of the Australian Consumer Law (other than)
110 Subsection 155AAA(21) (at the end of the definition of
111 Paragraph 157(1)(d)
112 Paragraph 157(1)(d)
Prohibits omission of specified provisions.
Commission must provide documents upon request and payment of fee.
113 After subsection 157(1)
Commission has obligation to provide documents.
Omit specified sections and substitute with new text.
114 Paragraph 162(1)(b)
115 Subparagraph 163A(1)(a)(i)
Declaration required for certain provisions of Australian Consumer law
116 After paragraph 163A(1)(a)
117 Paragraph 170(1)(a)
Insertion of reference to Australian Consumer Law
118 Paragraph 170(1)(a)
119 Paragraph 170(1)(c)
Repeal the definition of non-party consumer.
12 Subsection 4(1) (definition of non-party consumer)
Insertion of reference to Part 3-5 or Chapter 5 of the Australian Consumer Law
120 Paragraph 170(1)(c)
Requires reporting of search warrants issued under certain sections.
121 After paragraph 171(3)(c)
Insertion of phrase in search warrants section
122 Paragraphs 171(3)(da) and (db)
Insertion of section references before Part XID
123 Paragraph 171(3)(dc)
Insertion of '(other than Schedule 2)' after 'permitted by this Act'
124 Subsection 172(1)
Insertion of '(other than Schedule 2)' after 'giving effect to this Act'
125 Subsection 172(1)
126 Subsection 172(1A)
127 Subsection 172(2)
128 Subsection 45DA(2) of Schedule 1 (note)
129 Paragraph 51(1)(a) of Schedule 1
Imposes a duty on the State to substitute
Defines personal injury, excluding mental condition impairments without psychiatric illness
13 Subsection 4(1) (definition of personal injury)
14 Subsection 4(1) (definition of provision) (the definition
15 Subsection 4(1) (definition of rely on)
Repeal definition of substantiation notice
16 Subsection 4(1) (definition of substantiation notice)
Repeal definition of substantiation notice compliance period
17 Subsection 4(1) (definition of substantiation notice
18 Subsection 4(1)
19 Subsection 4(1) (definition of unfair)
2 Section 1
20 Subsection 4(1) (definition of unsolicited goods)
Repeal definition of unsolicited services
21 Subsection 4(1) (definition of unsolicited services)
22 Section 4KA
23 Sections 4KB and 4KC
Substitute section numbers in a provision.
24 Section 4L
Repeal and substitute certain provisions of the Trade Practices Act 1974
25 Paragraphs 5(1)(b) to (ea)
26 Paragraph 5(1)(f)
27 Subsection 5(3)
Insertion of additional clause in subsection 237(1) or 238(1) of the Australian Consumer Law.
28 Subsection 5(4)
Substitute specific sections of the Australian Consumer Law.
29 Paragraph 6(2)(a)
Repeal and substitute definition of Australian Consumer Law
3 Subsection 4(1) (definition of Australian Consumer Law)
Repeal certain provisions and amend others to restrict their operation to specific types of conduct.
30 Paragraph 6(2)(b)
...the supply of goods or services to the Commonwealth or an authority or instrumentality of the Commonwealth;
Limits the scope of the provisions to within specific temporal intervals.
The provisions are to be confined in their operation...within a Territory, between a State and a Territory or between 2 Territories; or...
Restricts the operation of the provisions to specific types of conduct through argumentative means.
The provisions are to be confined in their operation...to trade or commerce between Australia and places outside Australia; or...
...to trade or commerce between Australia and places outside Australia; or...
Prohibits the specified provisions from operating beyond their restricted scope.
The provisions are to be confined in their operation...
...trade or commerce within a Territory, between a State and a Territory or between 2 Territories; or...
Spreads the restricted scope of the provisions to specific types of conduct.
...trade or commerce among the States; or...
Limits the scope of the provisions to recurring trade or commerce.
Omit Division 2 of Part V, substitute Division 1 of Part 3-2 of the Australian Consumer Law
31 Paragraph 6(2)(c)
Omit certain references to Division 2A of the Australian Consumer Law.
32 Paragraph 6(2)(c)
Omit “or the supply of goods” and substitute with ‘or the supply of goods or services’.
33 Paragraph 6(2)(c)
34 Paragraph 6(2)(ca)
35 Paragraph 6(2)(h)
Omit specified parts and substitute with new text
36 Subsection 6(3)
Imposes obligation on the legislative body
362 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
364 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
366 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
368 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Substitute sections of the Australian Consumer Law
37 Paragraph 6(3)(a)
370 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
372 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
374 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
376 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Substitute 'the provisions of Part XI' for 'those provisions'
38 Paragraph 6(3)(b)
39 Subsection 6(3A)
4 Subsection 4(1) (definition of commencing date)
Substitute certain parts of the Australian Consumer Law with new provisions.
40 Subsection 6(4)
41 Subsection 6(5)
Substitute 'those sections have' for 'that section has'
42 Subsection 6(5)
Substitute paragraphs of the Australian Consumer Law
43 Subsection 6(5)
Substitute 'has' for 'had' in a specific provision.
44 Subsection 6(5)
45 Subsection 6(6)
46 Section 6AA
Delegation of functions and powers to staff members
47 Subsection 26(1)
Granting permission to delegate functions and powers
Omit certain sections and substitute with a new division.
48 Paragraph 29(1A)(b)
49 Parts IVA, V, VA and VC
Exempts sections 4 to 4K from affecting expressions in Part XI or Schedule 2 unless a contrary intention appears.
4KA Definitions etc. that do not apply in Part XI or Schedule 2
Exempts sections 4 to 4K from affecting expressions
Repeal the definition of consumer contract.
5 Subsection 4(1) (definition of consumer contract)
Substitute Part IV or IVB, or section 95AZN
50 Subsection 75B(1)
51 Sections 76E and 76F
52 Subsection 77(1)
53 Subsection 77A(3) (definition of civil liability)
Repeal a provision of Part IV (other than section 44ZZRF or 44ZZRG)
54 Paragraph 78(a)
Prohibits a provision of Part IV (other than section 44ZZRF or 44ZZRG)
55 Subsection 79(1)
56 Subsections 79(2), (3) and (4)
57 Subsection 79(5)
58 Subsection 79(6)
Court may exercise power to enforce and recover fines, or make order declaring fine has effect as judgment debt.
59 Subsection 79A(1)
Court obligation to enforce and recover fines.
Repeal definition of enforcement proceeding
6 Subsection 4(1) (definition of enforcement proceeding)
60 Subparagraph 79B(a)(i)
61 Subparagraph 79B(a)(ii)
Repeal paragraph and substitute with prohibition on contravention of certain provisions.
62 Paragraph 80(1)(a)
63 Subsection 80(1C)
Substitute 'A person' for 'Subject to subsection (1AAA), a person'
64 Subsection 82(1)
65 Subsection 82(1)
66 Subsections 82(1AAA) to (1B)
67 Subsection 82(2) (note)
68 Subsection 82(3)
69 Section 83
6A Subsection 4(1) (definition of Family Court Judge)
Repeal the definition of financial product.
7 Subsection 4(1) (definition of financial product)
70 Section 83
Substitute Part IV or IVB in Section 83.
71 Section 83
72 Paragraphs 84(1)(b) and (3)(b)
Prohibits omitting specified provisions.
Repeal section and substitute with ComLaw Authoritative Act C2012C00868
73 Section 85
Omit specified phrase from Australian Consumer Law
74 Subsection 86(1)
75 Subsection 86(1A)
76 Subsection 86(2)
77 Section 86AA
78 Paragraph 86A(1)(b)
79 Subsections 86A(4) to (7)
8 Subsection 4(1) (definition of financial service)
80 Section 86B
Repeal of paragraph (a) and substitution with a new prohibition
81 Subsection 86C(4) (paragraph (a) of the definition of
82 Paragraph 86D(1)(a)
83 Paragraph 86D(1)(b)
84 Section 86DA
Defences against a person other than a body corporate
85 Defences
85 Subsection 86E(1B)
Omit specified phrases from a provision.
86 Subsection 86E(2)
Prohibits the omission of specified phrases.
87 Subsection 86E(3)
Modify subsection (1AA) to remove the limiting phrase.
88 Subsection 87(1)
89 Subsection 87(1)
Repeal definition of infringement notice
9 Subsection 4(1) (definition of infringement notice)
Substitute Division 2 of Part IVB for certain terms in the Trade Practices Act 1974.
90 Subsection 87(1)
Replace specified terms with a new term.
91 Subsection 87(1A)
Substitute Division 2 of Part IVB with the specified provisions.
92 Paragraph 87(1A)(a)
Omit certain provisions from the Australian Consumer Law.
93 Paragraph 87(1A)(b)
94 Subsections 87(1AA) to (1AC)
95 Paragraph 87(1B)(a)
96 Subsection 87(1C)
97 Subsections 87(1D), (2A) and (5A)
98 Subsection 87(6)
The temporal interval for interest includes a right of occupancy of the land
Interest includes a right of occupancy of the land
Interest is defined as an estate or interest in the land
Interest is a legal or equitable estate or interest in the land
99 Subsection 87(7)
1 Amendment of Acts
10 Section 159
100 Section 4 (definition of acquire)
101 Section 4 (definition of goods)
102 Section 4 (definition of services)
103 Section 4 (paragraph (a) of the definition of supply)
104 Section 5A
105 Subsections 3(1) and (2)
106 Section 7 (definition of ACCC official)
Imposes a duty on the State regarding ACCC's telecommunications functions and powers
107 Section 7 (paragraphs (c), (d) and (e) of the definition of
Duty to exercise telecommunications powers
108 Section 7 (paragraph (d) of the definition of ACMA’s
109 Subsection 61A(5) (definition of eligible service)
11 Subsection 171(1)
Definition of substantial degree of power
110 Subsection 61A(5) (definition of substantial degree of
111 Subsection 61A(5) (definition of telecommunications
112 Section 62 (including the note) (wherever occurring)
113 Subsection 69(7) (including the note) (wherever
114 Subsection 69B(8)
115 Subsection 70(4) (including the note) (wherever
116 Paragraph 70(5)(c)
References subsections 98(2), 102(6) and 103(3)
117 Subsections 98(2), 102(6) and 103(3) (including the
118 Subsection 103(4)
Change references to the Trade Practices Act 1974
119 Subsection 350A(5) (including the note) (wherever
12 Subsection 171(2) (definition of goods)
120 Subsection 367(7) (definition of engaging in conduct)
121 Subsection 384(1) (note)
122 Subsection 384(9) (definition of declared service)
123 Section 389
124 Subsection 458(6)
125 Section 483
126 Section 506
127 Paragraphs 564(3)(d) and (e)
128 Subsection 564(3) (notes 3 and 4)
129 Paragraphs 571(3)(d) and (e)
13 Subsection 171(2) (definition of services)
130 Subsection 571(3) (notes 3 and 4)
Paragraph (b) of the definition of this Act
131 Subsection 589(6) (paragraph (b) of the definition of this
132 Subclause 17(3) of Schedule 1
133 Clause 45 of Schedule 1 (definition of active declared
134 Clause 45 of Schedule 1 (definition of eligible service)
135 Subclause 47(3) of Schedule 1
136 Clause 50 of Schedule 1 (definition of eligible service)
137 Subclauses 50A(2) and (4) of Schedule 1
Amendment of other Acts to change references to the Trade Practices Act
138 Subclause 27(6) of Schedule 3
Duty to provide information about interception of telecommunications
139 Subsection 158C(3)
14 Subsection 171(2) (definition of supply)
Trade Marks Act 1995, paragraphs 5D(5B)(a), (b), (c) and (d)
140 Paragraphs 5D(5B)(a), (b), (c) and (d)
141 Section 6 (definition of Commission)
Conditional commencement based on another Act
142 Subparagraphs 36(2)(a)(iv) and 81(2)(a)(i) and (ii)
143 Paragraphs 100A(b) and 100D(b)
144 Section 5 (definition of access undertaking)
145 Section 5 (definition of port terminal service)
146 Subparagraph 24(1)(d)(i)
147 Paragraph 24(2)(c)
148 Subparagraph 24(2)(d)(i)
149 Paragraph 24(3)(a)
15 Sections 191 and 193
Inserts an Act of a State, Territory or Australian Capital Territory into Schedule 2 of the Competition and Consumer Act 2010.
150 After paragraph 2(f) of Schedule 3
Schedule 2 of the Competition and Consumer Act 2010 is a law of the State or Territory.
Defines the temporal relationship between the inserted Act and Schedule 2 of the Competition and Consumer Act 2010.
The inserted Act applies Schedule 2 to the Competition and Consumer Act 2010.
The inserted Act has implications for competition and consumer protection.
Analyzes the inserted Act for its implications on competition and consumer protection.
There is an obligation to apply Schedule 2 of the Competition and Consumer Act 2010 as a law of the State or Territory.
Establishes an obligation to apply Schedule 2 of the Competition and Consumer Act 2010 as a law of the State or Territory.
Schedule 2 of the Competition and Consumer Act 2010 is a law of the State or Territory at some point in time.
The inserted Act conforms to the structure defined by Schedule 2 of the Competition and Consumer Act 2010.
Validates the structure of the inserted Act against a set of rules.
The inserted Act is an Act of a State, Territory or Australian Capital Territory.
Substitute section 122 of Schedule 2 to the Competition and Consumer Act 2010 with a law of the Commonwealth.
151 Subsection 7(3)
Replace existing section with new one at same point in time
Substitute section 148 of Schedule 2 to the Competition and Consumer Act 2010 with a reference to itself.
152 Subsection 69H(3)
Replace an existing provision with a new one.
Substitute section of Competition and Consumer Act with Commonwealth law.
153 Section 106
Repeal heading and substitute with new text.
154 Division 7 of Part 7 (heading)
155 Division 8 of Part 8 (heading)
156 Division 2 of Part 13 (heading)
Substitute Schedule 2 of the Competition and Consumer Act 2010 for a reference to section 63A of the Trade Practices Act 1974.
157 Section 5 (definition of credit card)
Schedule 2 to the Competition and Consumer Act 2010
Reference to section 63A of the Trade Practices Act 1974
158 Section 5 (definition of debit card)
Repeal heading and substitute with new title.
159 Subdivision G of Division 2AA of Part II (heading)
16 Section 241
Substitute Division 1 of Part 3-2 of Schedule 2 to the Competition and Consumer Act 2010.
160 Section 18
Repeal section and substitute with new content.
161 Section 33ZH
Omit Division 1A of Part V of the Trade Practices Act 1974 and substitute Part 3-3 of Schedule 2 to the Competition and Consumer Act 2010.
162 Paragraph 13(1)(j)
Omit “that Division”, substitute ‘that Part’.
163 Paragraph 13(1)(j)
164 Division 5 of Part VC (heading)
Omit certain references in Motor Vehicle Standards Act 1989
165 Paragraph 10(b)
166 Subsection 5(1)
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 as applied under Subdivision A of Division 2 of Part XI of that Act.
Replace heading in section 41 with reference to Australian Consumer Law
167 Section 41
Imposes an obligation on the legislative body to make the change
Substitute safety standard with Australian Consumer Law meaning.
168 Section 41
169 Section 3 (definition of access seeker)
17 Subsections 248(1) and (2)
Definition of Competition and Consumer Act
170 Section 3
Applies to class hierarchy of Competition and Consumer Act
171 Section 3 (paragraphs (a) and (b) of the definition of
Replace Trade Practices Act with Competition and Consumer Act
Repeal definition of Trade Practices Act
172 Section 3 (definition of Trade Practices Act)
173 Paragraphs 13(2)(a) and (c)
Substitute Competition and Consumer Act in Trade Practices Act
174 Subsections 16(1), (2), (3) and (4) and 17(1), (2) and (3)
Substitute 'Competition and Consumer Act' for 'Trade Practices Act'
175 Section 25
176 Subsection 2(1)
...Schedule 2 to the Competition and Consumer Act 2010.
The Australian Consumer Law is defined as...
Replace Trade Practices Act 1974 with Australian Consumer Law
177 Subsection 9A(1)
178 Subsection 9A(1)
Omit paragraph 53(c) of that Act, substitute paragraph 29(1)(g) of the Australian Consumer Law.
179 Paragraph 9A(1)(a)
18 Subsection 55(1)
Omit paragraph 53(d) of that Act, substitute paragraph 29(1)(h) of the Australian Consumer Law.
180 Paragraph 9A(1)(b)
Substitute Australian Consumer Law for Trade Practices Act 1974.
181 Subsection 9A(2)
Substitute 'Australian Consumer Law' in certain references.
182 Subsection 9A(2)
183 Subsection 48(2)
184 Subsection 48(2)
185 Paragraph 48(2)(a)
186 Paragraph 48(2)(b)
187 Subsection 48(4)
Replace 'that Act' with 'the Australian Consumer Law'
188 Subsection 48(4)
Repeal heading and substitute with new heading.
189 Subdivision D of Division 1 of Part 3.2 (heading)
19 Paragraph 55(2)(a)
190 Section 5
Omit certain sections from the Trade Practices Act 1974 and substitute with others.
191 Subparagraphs 13(1)(c)(x) and 19(1)(c)(x)
Agricultural and Veterinary Chemicals Code Act 1994
2 Paragraphs 2(e) and (f) of Schedule 3
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 subsections 55(3), (4) and (5)
20 Subsections 55(3), (4) and (5)
21 Section 5 (paragraphs (e) and (f) of the definition of loan)
Prohibition of provision of a designated service
22 Subsection 6(2) (table items 10, 11, 12, and 13, column
Prohibits the provision of a designated service
23 Subsection 6(2) (paragraphs (b) and (c) of the cell at table
Prohibits provision of a designated service
24 Subparagraph 8(1)(j)(vi)
25 Section 3 (definition of Australian Energy Regulator)
26 Subsection 13A(1) (notes 2, 3 and 4)
27 Subsection 47(2)
28 Paragraph 47(4)(a)
29 Subsection 47(5)
3 Section 100
30 Paragraph 47(7)(a)
31 Subsection 47(10)
32 Subsection 32(5)
33 Paragraph 32B(1)(da)
33ZH Special provision relating to claims under Part VI of the
Group member in a representative proceeding is to be taken as a party.
33ZH(1) Special provision relating to claims under Part VI of the
Application by representative party in a representative proceeding under specified Acts is to be taken as an application by the representative party and all group members.
33ZH(2) Special provision relating to claims under Part VI of the
34 Subsection 32B(2)
35 Section 32D
36 Subsection 33A(6A)
Requires change of references to the Trade Practices Act
37 Section 90E (paragraph (a) of the definition of consumer
378 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
38 Section 16AA
Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
380 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
382 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
384 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
386 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
388 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
39 Section 16AU
390 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
392 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
394 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
396 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
4 Section 4
40 Section 77
41 Paragraphs 96(5)(a) and 97(2)(a)
42 Subsection 97(3)
43 Section 116B
44 Section 130
45 Subsection 130B(8) (definition of supply)
46 Subsection 130BA(8) (definition of supply)
47 Subsection 130BB(8) (definition of supply)
48 Subsection 130F(3) (definition of supply)
Customs Act 1901 prohibits certain actions.
49 Paragraph 4AB(3)(a)
5 Subsection 147(2) (including the note) (wherever occurring)
50 Subsection 269U(9)
51 Section 4 (definition of acquire)
52 Section 4 (definition of goods)
53 Section 4 (definition of services)
54 Section 4 (paragraph (a) of the definition of supply)
Imposes obligation on entities to provide definition of supply
55 Paragraph 524(3)(h)
56 Subparagraph 14(2)(a)(iv)
57 Paragraph 23AB(4)(a)
58 Section 23CD (note)
Duty to follow Australian proceeding definition
59 Section 32B (paragraphs (a) and (b) of the definition of
6 Subsection 147(3)
60 Subsection 58DB(2A)
61 Subsections 43(6), (9) and (9A)
62 Subsection 18(10) (definition of goods)
63 Subsection 18(10) (definition of services)
64 Subsection 18(10) (definition of supply)
65 Subsection 20(8) (definition of goods)
66 Subsection 20(8) (definition of services)
Definition of supply under Insurance Act 1973
67 Subsection 20(8) (definition of supply)
68 Section 62ZN
69 Section 62ZZV
7 Section 148
70 Subsection 3(1) (paragraphs (a) and (aa) of special federal
71 Subsection 3(4)
Amendment of other Acts to change references to the Trade Practices Act 1974
72 Paragraphs 4(4)(c) and (d)
73 Section 179A
74 Section 43 (including the note) (wherever occurring)
Northern Territory National Emergency Response Act 2007 requires specific actions under Schedule 2.
75 Subparagraphs 20(11)(b)(i) and (12)(c)(i) of Schedule 2
76 Subsection 122(2)
Occupational Health and Safety (Maritime Industry) Act
77 Subsections 18(4), 19(3) and 20(2)
78 Section 18
79 Section 21
8 Subsection 158(2) (including the note) (wherever occurring)
80 Section 26
81 Subsections 12(5), 13(4) and 14(3) of Schedule 3
Payment Systems (Regulation) Act 1998 requires payment systems to comply with certain regulations.
82 Paragraphs 133(2)(b) and (5)(b) and 134(2)(b)
Payment systems must comply with the regulations.
83 Subsection 18A(1)
84 Section 172-5 (note)
85 Section 244-20
Protection of the Sea (Powers of Intervention) Act 1981 defines a serious offence.
86 Section 338 (paragraph (ed) of the definition of serious
87 Subsection 3(1) (definition of goods)
88 Subsection 3(1) (definition of services)
89 Subsection 3(1) (definition of supply)
9 Subsection 158(3)
90 Paragraph 51(2)(d)
91 Section 68A
Note: Heading alteration for section 106A
92 Subsections 71A(1) and 106A(1)
93 Section 114A
Temporal relation not mentioned in excerpt
94 Section 118PF (note)
95 Sections 118PG and 312
96 Section 123TC (definition of acquire)
97 Section 123TC (definition of goods)
98 Section 123TC (definition of service)
Definition of supply under Spam Act 2003
99 Section 123TC (definition of supply)
1 Short title [see Note 1]
1 January 2011
Amendment of Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010
1 Section 1
The day this Act receives the Royal Assent.
1 Definitions
Reference to proceedings under equivalent provisions of a law of a State or Territory
10 Pecuniary penalties—having regard to previous findings
Part VC or VI of the Trade Practices Act 1974
Preserves existing regulations made under section 87AB of the Trade Practices Act 1974.
11 Regulations relating to professional standards laws
Specifies the temporal interval during which existing regulations apply.
General power for regulations to deal with transitional matters
12 General power for regulations to deal with transitional
13 July 2010
2 Commencement
Commencement of Schedule 1 depends on event after commencement of Trade Practices Amendment Act
2 Section 2
2 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Continuation of notice under subsection 65C(5) of the Trade Practices Act 1974 as if it were an interim ban imposed under section 109 of the Australian Consumer Law.
2 Declarations of goods to be unsafe goods
It continues as if it were an interim ban imposed under section 109.
Notice under subsection 65C(5) was in force immediately before the commencement.
Notes to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010
22 Sept 2012
Schedule 6 items 1 to 46 at the same time as the provision(s) covered by table item 2.
3 Section 3
Schedules for amendment or repeal of Acts
3 Schedule(s)
Permanent ban on notices under subsection 65C(7) of the Trade Practices Act 1974
3 Permanent bans
33 Section 33
398 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Conditional commencement of provisions based on event occurrence
4 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Prescribed consumer product safety standard continues in force after commencement.
4 Prescribed consumer product safety standards
Section 104 of the Australian Consumer Law
Section 65C of the Trade Practices Act 1974
Prescribed consumer product safety standard continues in force.
Commences after Schedule 5 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010.
Commencement of Schedule 3 is tied to another schedule.
Defines temporal relationship between schedules.
Requires relation between temporal intervals for commencement
Commencement information for provisions of the Act.
402 Trade Practices Amendment (Australian Consumer Law) Act (No. 2)
Conditional commencement of provision(s) covered by table item 2.
5 Section 5
Prescribed consumer product information standard continues in force after commencement.
5 Prescribed consumer product information standards
Prescribed consumer product information standard obligation
Conditional commencement of provisions covered by table item 2.
6 Section 6
Continues to apply pre-commencement acts or omissions
6 Acts or omissions that occurred before commencement
Schedule 3: Statute Law Revision Act 136, 2012
6 Dec 2011
7 Section 7
Continuation of Trade Practices Act 1974 in proceedings commenced before commencement.
7 Proceedings already commenced
8 Section 8
8 Unfair contract terms
Obligation to ensure fairness in contracts
Section 101 of the Australian Consumer Law does not apply to supplies before commencement.
9 Requests for itemised bills
Section 101 of the Australian Consumer Law
Act No. 103 of 2010 as amended