treasury-laws-amendment-australian-consumer-law-review-act-2018.pdf, p.7
Repeal heading and substitute with new text.
1 Section 137H (heading)
Findings and admissions of fact in proceedings to be evidence
137H Findings and admissions of fact in proceedings to be evidence
Must provide findings and admissions of fact in proceedings
2 Subsections 137H(1) and (2)
Prima facie evidence of a fact in proceedings under subsection (3) of this section.
2(1) Subsections 137H(1) and (2)
Document under the seal of the court or a filed document
Provision for proving finding or admission
2(2) Subsections 137H(1) and (2)
Omit “a finding of a fact by a court that is made in”.
3 Subsection 137H(3)
Applicable to findings of fact and admissions of fact made on or after commencement.
4 Application
made on or after the commencement of this Schedule.
Defines a temporal interval for the application of amendments.
The amendments made by this Schedule apply in relation to findings of fact, and admissions of fact, made on or after the commencement of this Schedule.
in relation to findings of fact, and admissions of fact, made on or after the commencement of this Schedule.
Analyzes the amendments for artificial intelligence applications.
Classifies the amendments as a type of obligation.
Defines a temporal relationship for the application of amendments.
Validates the amendments against schema definitions.
treasury-laws-amendment-australian-consumer-law-review-act-2018.pdf, p.17
1 Subsection 12DC(1)
Subsection (1) applies regardless of when a representation is made about the financial product.
2 After subsection 12DC(1)
3 Paragraph 12DC(2A)(b)
Subsection (2A) applies regardless of physical force, harassment, or coercion.
4 After subsection 12DC(2A)
Subsection (2A) applies regardless of circumstances.
Subsection (2A) is a subclass of subsections that apply regardless of circumstances.
treasury-laws-amendment-australian-consumer-law-review-act-2018.pdf, p.18
Repeal definition of unsolicited financial products
1 Subsection 12BA(1) (definition of unsolicited financial
Defines financial product as a financial service.
2 After subsection 12BAB(1)
3 Subparagraph 12BEA(1)(e)(iii)
Omit “or unsolicited financial products”.
4 Subsection 12DM(1)
5 Paragraph 12DM(1AA)(a)
Omit 'or unsolicited financial products'
6 Section 12DMA
Prohibits the use of 'or unsolicited financial products'
7 Subsection 12DMB(1)
8 Paragraph 12DMB(2)(a)
9 Subsection 12DMB(4)
treasury-laws-amendment-australian-consumer-law-review-act-2018.pdf, p.19
1 In the appropriate position
treasury-laws-amendment-australian-consumer-law-review-act-2018.pdf, p.20
Insert provision in Chapter 6 of Schedule 2
2 In the appropriate position in Chapter 6 of Schedule 2
296 Application—listed public companies
Amendments apply in relation to acts or omissions on or after the commencement day.
297 Application—unsolicited supplies
Application of amendment to unsolicited consumer agreements
298 Application—unsolicited consumer agreements
Application provisions for Schedule 5 amendments
299 Application—single price
Schedule 5 amendments apply in relation to acts or omissions on or after the commencement day
treasury-laws-amendment-australian-consumer-law-review-act-2018.pdf, p.21
Applicable commencement date for non-punitive orders
300 Application—non-punitive orders
Amendments apply in relation to services supplied under a contract entered into on or after the commencement day.
301 Application—guarantees relating to the supply of services
Amendments apply in relation to acts or omissions on or after commencement day.
315 Application—listed public companies
Application of amendments to acts or omissions
Amendment applies in relation to contracts entered into on or after the commencement day.
316 Application—power to obtain information, documents and
Obligation applies to contracts entered into on or after the commencement day.
317 Application—consumer protection
Application provisions for Schedule 11 amendments
318 Application—financial products
Schedule 11 amendments apply to acts or omissions on or after commencement
treasury-laws-amendment-australian-consumer-law-review-act-2018.pdf, p.8
Omit specific phrase from listed public companies.
1 Paragraphs 12CB(1)(a) and (b)
2 Subsection 12CB(5)
Omit “(other than a listed public company)”.
3 Subparagraphs 131(2)(a)(i) and (ii)
Repeal definition of listed public company
4 Subsection 2(1) of Schedule 2 (definition of listed public
5 Paragraphs 21(1)(a) and (b) of Schedule 2
6 Application
treasury-laws-amendment-australian-consumer-law-review-act-2018.pdf, p.9
Repeal of definition, substitution with new definition
1 Subsection 2(1) of Schedule 2 (definition of unsolicited
2 Paragraph 40(3)(a) of Schedule 2
Prohibits supplying or purporting to supply without actually doing so.
3 Section 42 of Schedule 2
Insert 'or purported supply' after 'supply'
4 Paragraph 42(b) of Schedule 2
5 Paragraph 162(3)(a) of Schedule 2
treasury-laws-amendment-australian-consumer-law-review-act-2018.pdf, p.10
Clarifies that a place mentioned in subsection (1)(b)(i) may be a public place without needing consumer consent or invitation.
1 After subsection 69(1) of Schedule 2
treasury-laws-amendment-australian-consumer-law-review-act-2018.pdf, p.11
Repeal of a charge payable to another person unless certain conditions are met.
1 Paragraph 48(7)(a) of Schedule 2
Prohibition of a charge payable to another person.
Must include carbon offset charge in flight price if preselected
2 Subsection 48(7) of Schedule 2 (example 1)
The exception applies if the person deselects the charge within a certain time frame.
If the person deselects the optional carbon offset charge later in the online booking process, the single price does not need to include the carbon offset charge after the charge is deselected.
The airline's obligation to include the carbon offset charge is waived if the person deselects it within a certain time frame.
The airline's AI system must include the carbon offset charge in the flight price if preselected.
The online booking system can be designed to automatically include the carbon offset charge if preselected.
The airline must include the carbon offset charge in the flight price if preselected.
This is because the person has not, at or before the time of the representation, deselected the charge on the online booking site.
The airline must inform the person about the option to pay for a carbon offset charge.
This exception provides for the spread of information about the optional carbon offset charge.
treasury-laws-amendment-australian-consumer-law-review-act-2018.pdf, p.12
1 Subsections 133D(1) and (2)
Disclosure notice may be given to a person if they can provide information about consumer goods.
1(1) Subsections 133D(1) and (2)
Temporal overlap between disclosure and supply
(1) The Commonwealth Minister or an inspector may give a disclosure notice to a person (the notice recipient) if the person giving the notice has reason to believe:
Disclosure notice may be given to a person if they are capable of giving information or producing documents in relation to the supply of product-related services.
1(2) Subsections 133D(1) and (2)
treasury-laws-amendment-australian-consumer-law-review-act-2018.pdf, p.13
Omit “supplier”, substitute “notice recipient”.
2 Subsection 133D(3)
3 Paragraph 133D(3)(a)
Amendments apply in relation to disclosure notices given on or after commencement.
treasury-laws-amendment-australian-consumer-law-review-act-2018.pdf, p.14
1 At the end of section 13
ASIC may make investigations into contract terms for determining whether to apply to court under section 12GND.
1(7) At the end of section 13
Obligation to investigate contract terms
Definitions from Division 2 of Part 2 apply to expressions in subsection (7)
1(8) At the end of section 13
Commission must investigate or inquire into consumer contracts for court application purposes.
2 At the end of paragraph 155(2)(b)
Must investigate or inquire into consumer contracts.
Amendment applies to contracts entered into on or after the commencement date.
3 Application
Temporal interval: on or after the commencement date.
treasury-laws-amendment-australian-consumer-law-review-act-2018.pdf, p.15
Order requiring engagement of another person to perform a service for the benefit of the community.
1 After paragraph 246(2)(a) of Schedule 2
Classifies the engagement as a service for the benefit of the community.
Exempts certain persons from enforcement of an order under subsection (2)(aa)
2 After subsection 246(2) of Schedule 2
Excludes temporal interval of enforcement of an order under subsection (2)(aa) for certain persons
An order under subsection (2)(aa) is not enforceable against a person mentioned in subsections (2)(aa)(i) and (ii)
Prohibits enforcement of an order against certain persons
treasury-laws-amendment-australian-consumer-law-review-act-2018.pdf, p.16
1 Section 63 of Schedule 2
Avoids doubt about subsection (1)(a) not applying if consignee is not engaged in a business or occupation.
2 At the end of section 63 of Schedule 2
treasury-laws-amendment-australian-consumer-law-review-act-2018.pdf, p.5
1 Short title
treasury-laws-amendment-australian-consumer-law-review-act-2018.pdf, p.6
1 Section 1
The Act is the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018.
Commencement rules for provisions in the Act.
2 Commencement
26 October 2018
Legislation in schedules is amended or repealed according to its terms.
3 Schedules
An Act to amend the law relating to consumer protections, and for related purposes
Treasury Laws Amendment (Australian Consumer Law Review) Act 2018