Consumer law reform

Following a review of seven consumer laws, the Consumer Law Reform Bill has been introduced to Parliament.

The Consumer Law Reform Bill was introduced to Parliament on 20 April 2011. The Bill's Explanatory Note includes a General Policy Statement that discusses the background to the Bill and some of the main changes.

Explanatory note on Consumer Law Reform Bill.

Consumer Law Reform Bill on the Parliament website.

The objective of the Consumer Law Reform Bill is to revise and update consumer law so that it is:

principles-based
enables consumers to transact with confidence
protects suppliers and consumers from inappropriate market conduct
is easily accessible to those who are affected by ut
achieves harmonisation with the Australian Consumer Law, as appropirate, in accordance with the Government's agenda of a single economic market with Australia (SEM).

The Bill reflects the outcomes of a review of consumer law initiated in 2009. Proposed amendments to consumer law were outlined in a discussion document in June 2010. Following consideration of written and oral submissions, further analysis was set out in additional papers. Submissions were also received on the additional papers.

Cabinet papers and decisions

Discussion document

Additional papers

Submissions

Having strong and relevant consumer legislation is very important for both consumers and businesses.

Consumer legislation is an important contributor to consumer confidence and successful consumer participation in the marketplace. Consumers transacting with confidence contribute to a productive and innovative economy.

For business, effective consumer laws help to create a competitive business environment where reputable suppliers are protected from the inappropriate market conduct of competitors.

The Consumer Law Reform covers the Fair Trading Act, the Consumer Guarantees Act, the Weights and Measures Act, the Layby Sales Act, the Unsolicited Goods and Services Act, the Door to Door Sales Act and the Auctioneers Act. It also considers aspects of the Carriage of Goods Act and the Sale of Goods Act.

These consumer laws were reviewed, looking at:

its history, original purpose and ongoing relevance
any gaps in the law and the overall effectiveness of the law particularly its enforceability.

Cabinet papers and decisions on Consumer Law Reform

Consumer Law Reform Cabinet Paper 1 [PDF format, 1.7MB]

Consumer Law Reform Cabinet Paper 2 [PDF format, 1.4MB]

EGI Decision for Consumer Law Reform Cabinet paper 1 [PDF format, 63MB]

EGI Decisions for Consumer Law Reform Cabinet paper 2 [PDF format, 69KB]

EGI Regulatory Impact Statement CLR Dec 2010 [PDF format, 213KB]

EGI Regulatory Impact Statement CLR Feb 2011 [PDF format, 289KB]

Questions and answers about the Consumer Law Reform [PDF format, 60KB]

Discussion document on Consumer Law Reform

Consumer Law Reform: A Discussion Paper [web format]

Consumer Law Reform: A Discussion Paper [PDF format, 1.3MB]

Submissions for the discussion paper closed on 30 July 2010.

Consumer Law Reform – Additional Papers

Unfair Contract Terms (September 2010)

This document provides further analysis of the proposition that the Fair Trading Act 1986 could be amended to include unfair contract terms provisions.

Consumer Law Reform Additional Paper: Unfair Contract Terms [PDF format, 187KB]

Referencing Good Faith in a Fair Trading Act Purpose Clause (October 2010)

This paper provides further analysis about the appropriateness of including a reference to good faith in the purpose statement.

Consumer Law Reform Additional Paper : Referencing Good Faith in a Fair Trading Act Purpose Clause [web format]

Consumer Law Reform Additional Paper : Referencing Good Faith in a Fair Trading Act Purpose Clause [PDF format, 68KB]

Unconscionability (October 2010)

This paper provides further information on the application of the unconscionable conduct provisions in the Australian Trade Practices Act 1974, with the objective of informing the decision of whether or not equivalent provisions should be added to the Fair Trading Act 1986 in New Zealand.

Consumer Law Reform Additional Paper: Unconscionability [web format]

Consumer Law Reform Additional Paper: Unconscionability [PDF format, 131KB]

Layby Sales (October 2010)

This document provides further analysis of the proposal that the provisions of the Layby Sales Act 1971 could be incorporated into the Fair Trading Act 1986.

Consumer Law Reform Additional Paper: Layby Sales [PDF format, 112KB]