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Legislation in schedules is amended or repealed according to its terms.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