Last year, RACCA Australia published two articles on a Review of the Australian Consumer Law (ACL). The first article, published in April, provided details on NSW Fair Trading encouraging businesses to contribute to the Review. The second article, published in November, provided details on the interim report that was released.
Now the final report on the Review has been released.
The Australian Consumer Law Review began in March 2016 with the release of an Issues Paper. The Issues Paper specifically focused on why Australia has consumer policy, the legal framework of the ACL, administering and enforcing the ACL, and emerging consumer policy issues. The Review was the first since the ACL’s implementation in 2011.
The Review involved consideration from public submissions on the effectiveness of the current ACL and their administration, as well as current and future issues. The Review also involved analysing the findings from the second Australian Consumer Survey. The interim report was shaped by the public submissions and Survey findings, as well as consultations on the Issues Paper. According to a media release from Consumer Affairs Victoria, there were more than 260 submissions, 130 consultations, and over 6000 results from the Australian Consumer Survey.
Consumer Affairs Victoria’s media release also stated that Consumer Affairs Australia and New Zealand (CAANZ) has delivered the final report to Commonwealth, state and territory consumer affairs Ministers.
The media release also states that CAANZ has proposed 19 legislative reforms to strengthen and clarify the ACL, these proposals include but are not limited to: increasing financial penalties for breaches of the ACL for both individuals and companies, making it easier for consumers to get a refund for a faulty product, adding new requirements for extended warranties, introducing a general safety law to ensure products are safe before they enter the market, extending protections against unfair contract terms to insurance contracts, and making it clear that the protections available in the ACL for unsolicited sales can apply to public places.
CAANZ Chair and Director of Consumer Affairs Victoria, Simon Cohen, stated that the Review has discovered both the effectiveness of the ACL and where it needs improvement.
“The CAANZ Review of the ACL has found that the ACL introduced in 2011 has both empowered consumers and reduced compliance costs for business.
“CAANZ has identified a number of opportunities, including higher penalties and better product safety laws that align with community expectations. This will further improve the ACL and provide for a fair, safe Australian consumer marketplace.”
The final report and its proposals will be considered at meeting of the Legislative and Governance Forum on Consumer Affairs in Melbourne later this year.
The Australian Consumer Law Review final report can be found here.
Image via Pixabay.