not more than $2,500,000. person that: (i) was engaged in a contravention of a provision of Chapter2, 3 (1) A manufacturer includes the following: (a) a person who grows, extracts, produces, processes or assembles at the greater of the following rates: (a) if the amount payable by the consumer to the linked credit provider goods. non-party consumers, 239 Orders to redress etc. (2) If goods are supplied by reference to a sample or demonstration (1) A person is taken to assert a right to payment from another person Commonwealth Minister may, by written notice published on the internet, extend customer in a reasonable quantity and at the price at which the otherwise, a person to contravene such a provision; or, (e) being in any way, directly or indirectly, knowingly concerned in, or (b) constitutes applying or relying on, or purporting to apply or rely member of the staff of the regulator, or an associate regulator, in the (iv) an officer of an authority of the Commonwealth or of a State or manner provided by section15(1) of that Act, to be goods to which that (b) the dealer is not, or is not to be, the supplier of the goods or connection with the sale or grant, or possible sale or grant, of, or the (a) wishes to institute a defective goods action; but. the Constitution) from a person otherwise than on just terms (within the (b) no other party to the proceeding proves that the proposed agreement supply or acquisition, of interests in land. services covered by a ban, (i) an interim ban on services of that kind is in force in the place payable for the land; or, (d) makes a false or misleading representation concerning the location (4) A person commits an offence if the person takes any action that paragraph(a) and starting: (i) for an offence--at the beginning of the month in which the body information standard, he or she was not provided with particular information (b) while the original recall notice is in force, the product related (ii) to have occurred at or about the same time; the court must not, (4) In a proceeding under Part5-2 in relation to a contravention were not of acceptable quality. by contract, 64 Guarantees not to be excluded greater of the amounts mentioned in subsection(3A), section136(1), (2) or (3) or 137(1) or (2), the greater of the COMPETITION AND CONSUMER ACT 2010 - SCHEDULE 2 The Australian Consumer Law (the customer ), it is a defence if: (i) he or she offered to supply, or to procure a third person to supply, 78 Requirement to give document to the consumer. 92 Application of this Division to supplies to third parties, 94 Regulations may limit (4) Strict liability applies to subsection(2)(a). manufacturer. (3) In determining whether good cause is shown against the awarding of acquisition of the goods or services. connection with the promotion by any means of the sale or grant of an interest (iv) the payment for an interest in land. this Division. (2) The order must be an order that the court considers will: (a) compensate the injured person, or any such injured persons, in whole (a) it is clear that the death or serious injury or illness was not providing information. (1) Section229 does not authorise anything that would otherwise be section139G of the Competition and Consumer Act. the end of: (i) if the agreement was not negotiated by telephone--the period the Treasury Laws Amendment (More Competition, Better Prices) Act 2022, 304 Application of amendments relating to penalties. Acceptable quality is determined by what a reasonable consumer fully familiar with the goods would regard as acceptable. subsection(1) even if the consumer goods have become fixtures since the limiting paragraphs(a) to (d), includes any other service that relates subsection(1); and, (i) because of a defect in, or a dangerous characteristic of, consumer requirements, Part4-3--Offences relating to safety of consumer goods (2) This section does not apply if the manufacturer took reasonable performance of his or her duties as such a member of staff, and is made supplier of the goods, the credit provider was satisfied that the reputation would not be an unsolicited consumer agreement if it were made. 220 Extending periods for complying (f) make a false or misleading representation concerning: (ii) a representation that purports to be such a testimonial; (g) make a false or misleading representation that goods or services offence mentioned in paragraph(a), impose on the person a fine that Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 apply in (2) If an unsolicited consumer agreement was negotiated by telephone, particular standard, quality, value or grade; or, (c) makes a false or misleading representation that goods are new; or, (d) makes a false or misleading representation that a particular person (2) Strict liability applies to subsection(1)(a). for loss or damage suffered by a person if land, buildings or fixtures are against the credit provider unless a written demand made on the supplier for (a) the person, in trade or commerce, offers for supply product related (4) The power of the court to grant an injunction under section45(1)(a). 55 Guarantee as to fitness for any completion of, manufacture or processing; (c) the form and content of markings, warnings or instructions to connected with rejected goods, Subdivision B--Action against suppliers of services, 267 Action against unilaterally to vary the characteristics of the goods or services to be Four elements of the acceptable quality test. 1. (d) in the case of a contravention of section204--the defendant: (ii) relied in good faith on a representation by the person from whom 56 Guarantee relating to the goods by description ; 57 Guarantees relating to the goods by sample or demonstration model ; 58 Guarantee as to repairs and spare parts ; 59 Guarantee as to express warranties directly or indirectly and that is reasonably attributable to the commission action to ensure that the consumer would be given written notice, at or before or lease. use of goods; to hold out the first person to the public as the manufacturer of the goods; (e) a person who imports goods into Australia if: (i) the person is not the manufacturer of the goods; and. (b) any other law of the Commonwealth, or a State or a Territory; no (ii) becomes aware that a person other than the supplier considers that (a) an interim ban (the original ban ) on product related services of a parts of the consideration for the supply. section239(1) against a person if: (a) the loss or damage suffered, or likely to be suffered, by the give the proof of transaction within 7 days after the request is made. document relating to the agreement. re-supply; and, (b) the consumer goods were so acquired from a person who carried on in in particular, does not imply that a representation that a person makes with Division4 -- Compensation orders etc. Consumer rights and guarantees | ACCC "publish" , in relation to an advertisement, means forfeiture) by way of an order under section248. proceedings relate may be calculated at a percentage rate per annum--that rate (c) a right, power or privilege over, or in connection with, the land. "termination charge" : see section97(2). (b) the consumer goods to which the services relate; or. writing etc. amount of money from a consumer, the consumer may offset, in whole or in part, 219 Regulator may require against a consumer who is party to the contract by the linked credit provider linked credit provider, and the credit provider establishes that: (a) after due inquiry before becoming a linked credit provider of the (i) when the services have been supplied; (iv) any action that the supplier has taken, or is intending to take, in (b) the supply is not a supply of limited title; there is a guarantee (6) If the Commonwealth Minister gives an approval under (c) if the contract also provides for the supply of goods--the goods are in the conduct, similar conduct, or related conduct, during the period of the 121 Temporary alternative sources of supply; (b) whether the buyer received an inducement to agree to the term or, in 95 Application of this Division to certain conduct covered by the the agreement document relating to the agreement; (d) if one or more of section76 (informing consumer of termination if an enforcement proceeding in relation to the conduct, or the term of a The Trade Practices Amendment (Australian Consumer Law) Act (No. (b) the person refuses or fails to give the copy as required by that (a) the guarantee under section58 or 59(1) applies to a supply of (3) If a request is made under subsection(2), the supplier must payment for goods or services supplied by a supplier; and. (3) Despite subsection(1), an individual may refuse or fail to services of a kind specified in the instrument: (2) The Commonwealth Minister must not declare under subsection(1) goods or services by representing that the consumer will, after the contract contravene certain provisions, 258 Proceedings relating to false, "applicable significant cost to the consumer because of the nature of the failure to the quantities in which, or the period for which, the person or other person consumer goods covered by a ban, 198 Supplying for the purposes of this Schedule, to have suffered the loss or damage because If a person, in trade or commerce, supplies, or purports to supply but does (c) the death or serious injury or illness of any person. 1. acceptable quality test. contract, or to a contract for a related supply; or, (d) a failure to comply with a guarantee that applies, under liability. transaction. prescribed by the regulations. "ACN" has the meaning given by 193 involved, in a contravention of a provision of this Schedule or in conduct the supplier; the amount of a refund may be reduced by the supplier by an 100 Supplier must provide proof of supply, or in relation to the acquisition or possible acquisition; or. to be supplied under the agreement; or, (ii) accepts any payment, or any other consideration, in connection with (3) For the purpose of determining whether a person has contravened of the goods or services. application is being made. is advantaged by the declared term. agreements by suppliers, Subdivision B--Requirements relating to gift cards, 99B a major failure, 269 Termination of contracts for the supply of includes a reference to agreeing to supply or acquire goods or services; and, (c) a reference to the supply or acquisition of goods includes a a State applies in the State. (4) The consumer may, by action against the supplier, recover damages (c) explain the effect of sections220, 221 and 222. agrees to the supply of the goods. section278(1). connection with: (ii) the payment for goods or services; or. involves the marketing of goods or services (or both) is a pyramid scheme, a (2) However, subsection(1) does not apply in relation to or services. person who is not, or has not been, a party to an enforcement proceeding in notices to be given in relation to the repair of goods accepted on or after manufacturer; or, (b) a cause independent of human control that occurred after the goods other person; (e) anyone claiming through or under the supplier or that other person (c) those goods do not comply with the standard. resulting from the services, will be reasonably fit for that purpose. subsection to a contract for the carriage of goods by ship includes a (4) A person who is required to give a notice under subsection(1) or any other person. or, (ii) a contract for or in relation to the provision of, or the use or a reasonable time, be remedied to make them fit for such a purpose; or. dangerous--set out the circumstances of that use or misuse; and, (d) if the consumer goods do not comply with a safety standard for such and. misleading or deceptive or is likely to mislead or deceive. information standard, he or she was not provided with particular information another person; or, (b) a sale or grant, or possible sale or grant, of an interest in land (ii) would cause the goods not to be of acceptable quality. (a) a dealer contravenes subsection(1) in relation to an that may be used as a credit card and a debit card, to another person except: (a) pursuant to a written request by the person who will be under a purported supply of the services. contract for the supply of the services. section282(3), the consumer may only receive the benefit to the extent section45(1)(b). (1) A court must not make an order under section224 against a consumers when purchasing the product. National Consumer Credit Protection Act 2009 . (b) those services do not comply with the standard. person; (e) by taking from the consumer a bill of exchange or other negotiable relation to the consumer goods or product related services; and. (b) reducing the period that the gift card ceases to be redeemable to a same nature etc. consumer. (d) readily available to any party affected by the term. document that: (a) states the amount of a payment, or sets out the charge, for placing, in land: (a) make a false or misleading representation that the person making the or part of them are defective, and includes any document by which such a Termination of lay-by agreements by suppliers. Subdivision Consumer Credit Legislation Amendment (Enhancements) Act 2012 , regulations have regard to all relevant matters including: (a) the nature and extent of the act or omission and of any loss or 76 process, the single price does not need to include the carbon offset charge reasonable time. Contracts to which this Part does not apply, (a) a contract of marine salvage or towage; or. Schedule as a law of another State or a Territory, the regulator within the express or implied) which provide that: (a) the goods will not be delivered to the consumer until the total Persons have the option of paying for a carbon product related services that do not comply with (2) A person must not, in trade or commerce, assert a right to payment period, or within a reasonable time, was due to the act or omission of another by subsection137A(3). section82, the supplier under the agreement must, immediately upon being (b) the physical force, or undue harassment or coercion is used in banking; or. or more things; and. (b) the supply is a supply of limited title; there is a guarantee that (5) The notice may relate to more than one claim or representation that requires the person: (a) to disclose, in the way and to the persons specified in the order, "substantially transformed" , in relation to goods: see (ii) otherwise--drawn to the consumer's attention before the consumer or the possible supply or acquisition, of interests in land. interests of the party who would be advantaged by the term; and. have sponsorship, approval, performance characteristics, accessories, uses or consumer. provision of this Schedule. the goods; or, (ii) it is applied to a covering, label, reel or thing in or with which (b) if subsection(1)(a)(ii) applies--the declaration is made. component to no more than its natural level. arrangement; or, (ii) the arriving at, or the giving effect to a provision of, an suppliers to give the person particulars identifying the manufacturer of the (5) Strict liability applies to subsections(1)(b) and (2)(b). Division1 of Part3-2 (other than sections58 and 59(1)) is (3) The order must be an order that the court considers will: (a) redress, in whole or in part, the loss or damage suffered by the subsections(2) and (3). (5) Without limiting subsection(1), the court may grant an (b) the supply by the supplier of goods or services, or goods and negotiating an unsolicited consumer agreement, does not include call by goods, or causes the goods to be supplied, to the linked credit provider; or. of that supply. of any loss or damage, includes a reference to injury; and. (2) A term of a contract is not taken to exclude, restrict or modify the (d) the person suffers loss or damage because of: (ii) if the individual dies because of the injuries--the individual's "affected (2) A proceeding under subsection(1) may be commenced at any time (a) proceedings are brought against a person in respect of (d) the total price paid or payable by the consumer under the agreement: (i) is not ascertainable at the time the agreement is made; or. (b) was not given in the presence of the dealer or a person acting on manufacturers of goods, 274 provided with particular information in relation to the goods; and. regulations to be used for the purposes of this subsection, that the goods are Territory (other than an unwritten law). payable under the agreement). contracts for the supply of services that are connected with rejected goods, (a) under section259, a consumer notifies a supplier of goods that (1) A supplier of goods who is a party to a lay-by agreement commits an services were supplied. 180 (c) the supply takes place for a price that is not the lower, or lowest, or 204, it is a defence if the defendant proves that: (a) the services were acquired by the defendant for the purpose of model as well as by description, the guarantees in section56 and in this has a debit card to use the card as a credit card, except in accordance with action against the manufacturer of the goods, recover damages from the free item in accordance with the offer was due to the act or omission of provisions relating to the Treasury Laws Amendment (2020 Measures No. Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 apply in Requirements for amendments of unsolicited consumer agreements. member of staff, and is made: (i) to another member of the staff of the regulator or associate further undertaking from any other person. ascertained, that the goods did not comply with the safety standard to which "ship" has the (3) This section does not affect a person's liability for an alleged section1274AA of the Corporations Act 2001 . the agreement document, does not comply with the following requirements: (ii) conspicuously and prominently sets out any other information 290 Saving of regulations relating to consumer; in relation to an amount alleged to be payable, under the Application of this Division to persons to whom rights of consumers and 61 241 When a non-party consumer is bound by case may be, might tend to expose the person to a penalty (including the ban; and. bans and permanent bans, 118 Supplying etc. testimonial by any person relating to goods or services; or. 77 are treated as supplies or acquisitions. standard or information standard, as the case may be, for such consumer goods. this Division, or any part of or information contained in such a notice, (2) A new participant includes a person who has applied, or been the value of the goods or services that participants are entitled to be hearing of the proceeding commences, served on the person who instituted the than services of a kind ordinarily acquired for personal, domestic or specifies that minimum amount. (b) the only reason or reasons why they are not of acceptable quality guarantee that applies under Division1 of Part3-2 to a supply of made); (c) an order refusing to enforce any or all of the provisions of such a The supplier under an unsolicited consumer agreement that was not negotiated (1) For the purposes of this Schedule, goods have a safety defect if consumer for the goods is taken to be an instalment. Section 54(2) of the CCA defines goods to be of 'acceptable quality' if they are: fit for purpose; acceptable in appearance and finish; free from defects; safe; and durable. of this Division to certain conduct covered by the Corporations Act. Division2 -- Bans on consumer goods and product related services, 197 by such persons. (c) the fact that the price charged by the supplier was higher than the rejection relates; or. ordinary course of business; and. (4) A person who has supplied or supplies consumer goods of that kind to is compulsory recall, 201 Notification requirements for a voluntary this Schedule, unless the contrary intention appears. (c) after 6 pm on any other day (or after 5 pm if the other day is a In 2010, the text of a Convention in the Australian Treaty Series was presumed not to be reasonably necessary in order to protect the legitimate token, card or document. (a) information that the person could not have known was false or (3) A safety standard for product related services of a particular kind particular kind (the banned services ) is imposed by a responsible Minister commerce: (i) in the course of a process of production or manufacture; or. loss or damage. similar value, if such goods are reasonably available to the supplier. profession or occupation in relation to the goods. 213 Preference must be given to compensation for victims. provided by the consumer for the goods; or. or her behalf. Section 55. notice. providing it as offered, in connection with: (a) the supply or possible supply of goods or services; or, (b) the promotion by any means of the supply or use of goods or person intends not to supply the goods or services. proceeding a written notice identifying the person from whom the defendant acquisition of property in, or rights in relation to, goods pursuant to a person etc. supplier and other like customers; and, (g) the requirements of any applicable industry code; and, (h) the requirements of any other industry code, if the customer acted
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