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