This is the prescribed textbook for your course. Available NOW at your campus bookstore!. CONSUMER PROTECTION LEGISLATION CHAPTER 13. 13- 2. Learning objectives. At the end of this chapter you should understand: the main principles of consumer protection legislation
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At the end of this chapter you should understand:
– unfair trade practices
– misleading or deceptive conduct
– unconscionable conduct
– product safety and product information
– consumer guarantees
– manufacturers’ and importers’ liability
ACL section 3 provides that:
A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or likely to mislead or deceive.
Part 2.2 prohibits unconscionable conductwhere a stronger party takes advantage of another party’s weakness or ignorance.
and the other party takes advantage of this for gain.
Section 29 (1) prohibits a person in trade or commerce from making false or misleading representations with respect to:
(a)&(b): standard, quality, value, grade, composition style, mode or history of goods or services
(c): newness of goods
(d): agreement to acquire the goods
(e)&(f): testimonials relating to goods and services
(g): the sponsorship, approval, performance, accessories, uses or benefits of goods or services
(h): sponsorship, approval or affiliation of a corporation
(i): price of goods or services
(j): availability of repair, facilities or spare parts
(k): origin of goods
(l): buyer’s need for goods or services
(m): existence, exclusion or effect of any condition, warranty guarantee, right or remedy (e.g. no refund signs)
A person in trade or commerce must not make false or misleading representations with respect to:
False or misleading statements with respect to:
To be of acceptable quality goods must be:
Non-punitive orders—Section 246
Disqualification order—Section 248
Criminal penalties (except s.18):
Settle before Court action
This is the appeal body from the ACCC.