NCJ Number
59515
Date Published
1979
Length
343 pages
Annotation
AUSTRALIAN STATE AND COMMONWEALTH LAWS WHICH PROVIDE FOR PROTECTION OF CONSUMERS ARE EXPLAINED, AND JUDICIAL AND ADMINISTRATIVE PROCEDURES FOR CONSUMER REDRESS ARE DESCRIBED.
Abstract
COMMONWEALTH AND STATE LEGISLATION ACCOUNTS FOR ONLY PART OF AUSTRALIAN CONSUMER LAW; THE REMAINDER IS PROVIDED FOR IN COMMON LAW, ALTHOUGH THE INADEQUACY OF THE COMMON LAW IN PROTECTING CONSUMERS HAS LED TO ENACTMENT OF THE LEGISLATION THAT DOES EXIST. THE AIMS OF CONSUMER LAWS ARE INCONSISTENT WITH THE PRINCIPLES OF CAVEAT EMPTOR (LET THE BUYER BEWARE) WHICH UNDERPIN THE COMMON LAW. WHILE SELF-REGULATION BY INDUSTRY, AN ASSUMPTION IN COMMON LAW, IS NECESSARY, IT IS NOT SUFFICIENT. LEGISLATION IS REQUIRED TO ENFORCE STANDARDS OF MARKET BEHAVIOR, AND CREATE AN AWARENESS OF CONSUMER RIGHTS. ALL AUSTRALIAN STATES AND TERRITORIES HAVE ENACTED LEGISLATION WHICH SPECIFICALLY AIM TO IMPROVE THE PROTECTION OF CONSUMERS AND PROVIDE MACHINERY BY WHICH THIS MAY BE DONE. GENERALLY, THE LAWS TAKE THE FOLLOWING FORMS: (1) PRESCRIPTION OF STANDARDS OF GOODS AND SERVICES TO BE PROVIDED TO CONSUMERS, (2) PROHIBITION OR REGULATION OF UNDESIRABLE PRACTICES, (3) PRESCRIPTION OF TERMS TO BE IMPLIED INTO CONTRACTS MADE WITH CONSUMERS, (4) ESTABLISHMENT OF BODIES TO RECEIVE COMPLAINTS FROM CONSUMERS AND TAKE APPROPRIATE ACTION, AND (5) LICENSING AND ONGOING REGULATION OF THE TYPES OF PERSONS WHO MAY BE PERMITTED TO SUPPLY CERTAIN TYPES OF GOODS AND SERVICES TO CONSUMERS. COMMONWEALTH LAW IS, FOR ALL PRACTICAL PURPOSES, RESTRICTED TO A SINGLE STATUTE, THE TRADE PRACTICES ACT, WHICH IDENTIFIES DECEPTIVE AND MISLEADING CONDUCT BY MANUFACTURERS AND SELLERS OF GOODS AND SERVICES AND SETS STANDARDS FOR DEFINING DEFECTIVE GOODS AND SERVICES. THE TEXT DETAILS THE GENERAL STATE LAWS, PARTICULARLY THOSE DEALING WITH THE SALE OF GOODS AND CONSUMER PROTECTION. AN INDEX IS PROVIDED. (RCB)