Legal Studies (HSC)
What is an LCMDI for the Coles fresh bread scandal, and what happened?
"Coles hit with $2.5 million fine over fresh bread" by Madeleine Heffernan (Sydney Morning Herald, April 2015) - Coles broke ACL by falsely advertising bread products as 'freshly baked' and 'baked today'. ACCC pushed for fines up to $5 million. Chief Justice James Allsop said that, "contravening conduct in this case is substantial and serious". Coles accumulated over $7.2 million revenue via false advertisement, thus the Federal court ordered Coles be prohibited from advertising its bread was made or baked on the same day of sale and displayed notices about its false advertising, as well as pay fines of up to and excessive of $2.5 million.
What is an LCMDI for the Dr William Mooney scandal, and what happened?
"Surgeon sued for negligence after 'consultation' in strip club" by Kate McClymont (Sydney Morning Herald, April 2018) - Cosmetic surgeon, Dr William Mooney suspended by regulator, after two alleged deaths under his care, and several other complaints regarding his practice. Under s150 of the 'Health Practitioner Regulation National Law Act', the Australian Health Practitioner Regulation Agency, can suspend whilst investigation is undertaken by the Health Care Complaints Commission (HCCC)
What are the legal responses to technology as a contemporary issue regarding consumers?
- Consumer laws and contract law still applies to transactions completed in Australia - Assets of a foreign online marketer can be frozen if the Australian legal system has info about the location - Arrest warrants can be issued in Australia, or even if an extradition treaty exits - Part 20 of the Telecommunications Act 1997 (Cth) gives the ACCC the authority to administer the Rules of Conduct with International Telecommunications Operators
Provide two legal measures in achieving justice for consumers
- NCAT - Courts
What are the advantages of occupational licensing?
- beneficial to consumers as they know what they are dealing with in regards to skill - force businesses to examine their practices - enhances reputation of the industry fostering increased consumer confidence
What are the benefits that arise from the legal responses to credit?
- benefit from robust licensing regime that excludes incompetent providers - consumer confidence regarding government monitorisation - rigorous entry conditions before Australian credit license is granted - uniform approach in accordance with the National Partnership Agreement To Deliver A Seamless National Economy
What are the disadvantages of occupational licensing?
- timely and costly for the occupations involved - can create monopolies - self-regulatory frameworks may not sufficiently protect consumers
What are the 5 elements of a contract?
1. Intention 2. Offer 3. Acceptance 4. Consideration 5. Legal Capacity
What are the three categories of actor?
1. Manufacturers or suppliers 2. The state (parliament, judiciary) 3. Consumers
What is an LCMDI for the 'realestate.com.au' scandal, and what happened?
Director of Consumer Affairs Victoria v Melbourne South Eastern Real Estate Pty Ltd [2018] FCA - A real-estate agency utilized marketing website, "realestate.com.au", in order to mislead consumers through dishonest pricing recommendations. In the Federal Court of Australia, The Hon Justice Debbie Mortimer reiterated s 18 of the ACL in her judgement emphasizing that, "a person must not, in trade or commerce, engage in conduct that is misleading or deceptive"
What is an LCMDI for unscrupulous conduct by credit providers, and what happened?
Game of Loans by Four Corners (2015) - Dictated the unscrupulous and unjust treatments to consumers by credit lenders. The lack of regulation, and meticulousness of the industry was highlighted.
How was the ACL established?
In 2011 Australian Consumer Law (ACL) was established via a COAG (Council of Australian Governments) intergovernmental agreement.
Why is information accuracy issue for the contemporary issue of technology in regards to consumers?
Information given by suppliers on the internet may be inaccurate and insufficient. Internet sites can be changed quickly and cheaply, providing unscrupulous traders with the opportunity to remove websites that allow them to dodge dissatisfied consumers.
How is the ACMA a non-legal response to the contemporary issue of technology?
It is a statutory authority, and in its department of Broadband, Communications and the Digital Economy. It is responsible for the regulation of broadcasting, radio and television communications.
What is an industry ormbudsman?
It takes complaints from citizens or consumers about companies, workplaces or providers and investigates those complaints to reach a resolution, in specific industries.
What is the National Credit Code?
Objective of the code is to provide laws which apply with equal force to all forms of consumer lending and credit providers. It is administered by ASIC, and guarantees standardization as well as clear and understandable credit information. It predominates the notion that credit providers MUST not enter into contractual agreements with consumers to find it difficult to meet repayments. - schedule to the National Consumer Credit Protection Act 2009 (Cth)
What is the doctrine of privity?
Only parties to a contract can have the contract enforced. This was modified through common law of torts and statutory amendment whereby third parties of a consumer contract can receive damages. The law of torts provides a remedy for negligence of a manufacturer, even though there isn't a direct contract.
Define consumer, use legislation to support
Part 1s4b of the Competition and Consumer Act 2010 (Cth) defines a consumer as "a person who acquires goods tr services that are priced at less than $40 000" and they are "of a kind ordinarily acquired for personal, domestic or household use or consumption" and not for resale.
Where is it contained that class actions may be commenced?
Part IVA of the Federal Court of Australia Act 1976 (Cth)
What are the non-statutory controls on advertising?
Predominantly includes the Advertising Standards Bureau (ABS). This is done through the Advertising Standards Board and Advertising Claims Board. The Ad Standards Board manages the complaint resolution process of the advertising self-regulation system.
What are restitution damages vs reliance damages?
Restitution damages involve the plaintiff being given value for benefits he or she has provided to the defendant so far whereas reliance damages is where the plaintiff is compensated so that he or she will be in the same position as before the contract was entered into.
What is self-regulation in occupational licensing, as opposed to state regulation?
Self regulation occurs when a particular trade or occupation imposes its own licensing restrictions on people who practice in that occupation. Whereas state regulation involves government bodies who may impose standards of conduct on particular industries.
What is the ACMA?
The Australia Communications and Media Authority which is an Australian government statutory authority. It is responsible for ensuring media + communication works for all Australians via legislation, regulations and standards / codes of practice. It oversees convergence of telecommunications, broadcasting, radio communications and the internet. It promotes self-regulation and competition.
What is the CCA?
The Competition and Consumer Act 2010 (Cth), formerly the Trade Practices Act 1974 (Cth), contains provisions on defective products, unfair contract terms, misleading and deceptive conduct and unconsionable conduct, among other protections.
What is an LCMDI for the ANZ class action, and what happened?
"After the High Court threw out ANZ bank fee, case is a class action cactus" by Sarah Danckert (Sydney Morning Herald, July 2016) - High Court of Australian dismissed a class action appeal by ANZ customers over late credit card payment fees. Consumers initially won the claim but two appeals later, the High Court dismissed the class action. The law firm that took the class action was Maurice Blackburn.
What is an LCMDI for the Cadbury picnic ad, and what happened?
"Cadbury Picnic ad banned for 'offensive' cultural stereotyping" by Lindsay Bennett (AdNews, August 2016) - The Advertising Standards Bureau (ABS) and its Ad Standards Board, in 2016, pulled the Cadbury Picnic Ad after dictating the ad as 'discriminative' and 'stereotyping'.
What is an LCMDI for the hoverboard recall, and what happened?
"Hoverboard resellers in ACCC recall after Melbourne House Fire" by Toni Yoo (CRN News, January 2016) - ACCC imposed mandatory recall on 'hoverboards', after the product caused a Melbourne house fire. "One brand, the Go Skitz Self Balancing E Board [chargers]...have been banned by the ACCC for not meeting Australian standards.
What is an LCMDI for fake online charities, and what happened?
"Lucy Victoria Wieland used a blog and photographs online to depict an allegedly fictional journey through stage five ovarian cancer treatment" by Sally Rafferty (ABC, October 2018) - Lucy posed a cancer journey, in order to obtain charitable finances. Similar deceptive marketing innovations have created injustices for consumers who are misled into believing they are contributing to genuine causes.
What is an LCMDI for the Nurofen scandal, and what happened?
"Nurofen fined $6m for misleading consumers" by Nick Dole (ABC News, December 2016) - In 2016 the ACCC won case against Reckitt Benckiser. Federal court found the products were misleading because they all contained the same active ingredient and did the same thing, despite claims they targeted different parts of the body. From 2011 to 2015 5.9 million specific pain packets were sold, yielding revenue of $5 million. In 2015 the Federal Court all be removed from retail sale within 3 months, and post corrective notices.
What is an LCMDI for the Takata airbag recall, and what happened?
"Takata airbag recall process leaves drivers with ticking time bombs" by Eleni Psaltis (ABC, July 2017) - Major Takata airbag recall occurred, as they were declared unsafe for use. CHOICE is pressuring governments to amend legislation, "calling for changes...and stronger penalties to ensure manufacturers do not replace dangerous products with defective new ones".
What is an LCMDI for the Trivago scandal, and what happened?
"Trivago misleads consumers into believing they get the best price" by David Chau (ABC, August 2018) - ACCC "instituted proceedings in the Federal Court" against Trivago, a hotel comparison site, "for making misleading claims on its website and television advertising". ACCC claims Trivago prioritized hotels that paid higher advertising. ACCC will impinge "civil pecuniary penalties"of up to $1.1 million per breach if successful. This is a result of non-compliance with ACL, s18 whereby a person or business must not, "engage in conduct...likely to mislead or deceive"
What are the non-legal responses to technology as a contemporary issue regarding consumers?
- ACMA - ADMA - IIA - ASIC
ASIC regulates 3 dominant legislation. What are these?
- ASIC Act (2001) - Corporations Act (2001) - National Consumer Protection Act (2009)
What are the two pieces of legislation that outline the standards implied by statutes?
- Competition and Consumer Act 2010 (Cth): formerly known as the Trade Practices Act 1974. Contains provisions on defective products, unfair contract terms, misleading, deceptive and unconscionable conduct among other protections. - Fair Trading Act 1987 (NSW): mirrors federal legislation in state legislation.
What are the non legal responses to credit as a contemporary issue?
- NSW Fair Trading: provides free advice regarding the National Credit Code - Community Justice Centres: provide free conflict management and mediation in NSW - Financial Ombudsman Service Australia: free mediation specifically for resolving credit disputes - Financial Rights Legal Centre: free telephone and financial counselling advice, specific to low-income consumers - Redfern Legal Centre: offers free legal advice, referral and case work to disadvantaged groups in Botany, Leichardt and Sydney municipal areas
What are the standards of products, implied by statutes? (8)
- acceptable quality - match descriptions (by salesperson, labeling etc) - match any demonstration or sample provided - be fit for the designated purpose - come with full title and ownership - not carry hidden debts or extra charges - meet any extra promises (e.g. life time guarantee) - have spare parts and repair facilities available for a reasonable time after the purchase
What circumstances do the court look at when determining unjust contracts?
- age, education + literacy of the parties - mental capacity and state of intoxication - the way the contract was expressed - undue pressure application to parties - opportunity for negotiation and for obtaining legal advice
What are the benefits of the National Credit Code?
- credit obligations and liabilities are transparent - gives credit providers more freedom to decide fees and charges as they are explicitly disclosed - non-compliance results in civil penalties up to $500 000 and/or criminal charges
What are the responses of the legal system to non-compliance in regards to credit as a contemporary issue?
- criminal penalties for license misconduct (up to two years imprisonment) - civil penalties for license misconduct (ASIC can issue fines up to $220 000 for individuals and $1.1 million for corporations) - infringement notices allow ASIC to respond to breaches - compensation for aggrieved consumers
Courts may issue...in regards to consumer issues
- damages - special orders - recission of a contract - injunctions - specific performance - criminal prosecutions
What are the societal benefits of consumer redress?
- greater choice in goods and services - promotion of social equality - international cooperation - ethical conduct reinforced - consumers and businesses are safe
Provide some articles of the United Nations Guidelines for Consumer Protection (revised 2015)
- members should, "encourage high levels of ethical conduct for those engaged in the production and distribution of goods and services" - members states should ensure consumers have "the right of access to non-hazardous products" - member states should ensure the "availability of effective consumer redress" - member states should ensure "the protection of consumers from hazards to their safety"
What are the standards of services, implied by statutes? (4)
- provided with acceptable care, skill, knowledge - take necessary steps to avoid loss and damage - be fit for purpose or give results agreed to - be delivered within a reasonable time when there is no agreed end date
What are some consumer remedies the individual may implement themselves?
- refunds, repairs and replacements - damages - rescission and modification of contract
Provide three broad categories of state government organisations which assist consumers in redress and remedies
1. NSW Office of Fair Trading 2. NSW Food Authority 3. Other Bodies (Legal Services Commissioner, Health Care Complaints Commission)
What is the three-limbed test to determine unfairness of a contract?
1. Would cause a significant imbalance in parties rights and obligations 2. Not reasonably necessary to protect the legitimate interest of the party who would be advantaged by the term 3. Would cause detriment to a party if it were applied or relied on All three must be proven on the balance of probabilities
What is the Consumer and Commercial Division?
A division of NCAT, it resolves a wide range of everyday disputes regarding consumers. It can determine consumer claims about the supply of goods or services in NSW under the Consumer Claims Act 1998.
What is the Australian Financial Complaints Authority?
Acts as a dispute resolution scheme for financial services, by assisting consumers & small businesses to reach agreements. It can act as an impartial third party, deciding on matters such as superannuation complaints, inappropriate conduct etc.
What are the advantages and disadvantages of industry organisations and arbitration as a non-legal measure in achieving justice for consumers?
Advantages - Usually free - Time effective - Mediation is available - Order is given if no solution is reached Disadvantages - May operate to protect the industry rather than consumers - limited amounts can be awarded
What are the advantages and disadvantages of awareness and self-help as a non-legal measure in achieving justice for consumers?
Advantages - Very inexpensive - Quick - Awareness means consumers can be preventative about their actions - Often the result desired is achieved Disadvantages - May not result in a solution - Lacking in enforceability - Need to be an informed consumer
What are the advantages and disadvantages of state and federal government organisations / mediation as a non-legal measure in achieving justice for consumers?
Advantages - Very inexpensive - Quick - Solution generally suits both parties - Desirable result can be reached Disadvantages - Lacking in enforceability - Can be lengthy
What are the advantages and disadvantages of NGOs and the media as a non-legal measure in achieving justice for consumers?
Advantages - increase consumer awareness propelling better consumer choices and decisions - preventative solution - place pressure on businesses and governments Disadvantages - unable to provide remedies themselves - merely publicize problems - lacking in enforceability
What are the advantages and disadvantages of NCAT as a legal measure in achieving justice for consumers?
Advantages: - inexpensive - quick - often a desirable result is reached Disadvantages - limited jurisdiction - not cheap - not as time effective as self-help or mediation
What are the advantages and disadvantages of courts as a legal measure in achieving justice for consumers?
Advantages: - result can be reached - wide range of remedies such as damages - availability of class actions makes it less costly for individuals Disadvantages: - Not time effective - Very expensive (often more expensive than the matter is worth)
What happened in the case of Commercial Bank of Australia Ltd v. Amadio (1983)?
An elderly couple, non-English speaking, signed a mortgage with a bank. As security for the debts of on of their sons companies. When the business went into liquidation, the bank claimed nearly $240 000 under the guarantee. The High Court held that a contract can be rescinded when one part is aware of the other's disadvantage.
What is the Energy and Water Ombudsman NSW?
An industry ombudsman that considers and investigates complaints from community workers, energy and water customers, and small businesses. It is a government approved dispute resolution scheme for NSW. Deals with complaints about disputed accounts, high bills, restriction of supply, negotiated contracts etc.
Define occupational license
An occupational license is a permit to practice in a particular profession or occupation. For example builders, architects, doctors and lawyers require occupational licenses. It can either be self-regulated or state regulated.
What is the 'general standard' in regards to advertising?
As consumption and production moved away from rural subsistence, consumers needed to rely on honesty and ethics of the producers and hope that the advertising claims were true. This expectation was called the 'general standard' and could be enforced common law.
Provide 5 examples of federal government organisations which can assist consumers in redress and remedies
Australian Competition and Consumer Commission (ACCC), Australian Securities and Investments Commission (ASIC), Commonwealth Consumer Affairs Advisory Council (CCAAC), Ministerial Council on Consumer Affairs (MCCA)
What is ASIC?
Australian Securities and Investment Commission which is an independent commonwealth body that regulates Australia's corporate and financial services sectors and ensures that Australia's financial markets are fair and efficient. Enforces the ASIC Act 2001 (Cth) and Corporations Act 2001 (Cth).
What happened in the case of Blomley v. Ryan (1956)?
Blomley entered into a contract to purchase a farm from Ryan. Ryan suffered from the effects of prolonged and excessive consumption of alcohol. When Ryan sought to resign from the sale, Blomley sought specific performance- the issue was whether had the requisite capacity to sign a contract.
What happened in the case of Carlill v. Carbolic Smoke Ball Co (1893)?
Carbolic smoke ball advertisement promises to pay 100 pounds to any person who contracts the flu after using the smoke ball. Carlill (plaintiff) uses ball and contracts the flu, posing a question of whether the contract was binding, as a contract requires notification of acceptance.
How are class actions, used as a method for consumer redress and remedy?
Class actions are when a group of consumers join together against a supplier. The costs are shared by the group as any damages that are awarded. Part IVA of the Federal Court of Australia Act 1976 (Cth) provides regime for commencing class actions in the Federal Court.
What is the CCAAC?
Commonwealth Consumer Affairs Advisory Council which provides independent advice to the Minister for Competition Policy and Consumer Affairs on consumer policy issues. They investigate and report on consumer issues, advise the minister and receive reports on the implications for consumer policy. e.g. 2009 compiled report on Statutory Implied Conditions and Warranties
What is the CAF?
Consumer Affairs Forum formerly the Ministerial Council on Consumer Affairs, consists of the the commonwealth, state and territory ministers responsible for fair trading, consumer protection and credit law. Their role is to assess consumer policy issues of national significance, develop consistency and facilitate AU and NZ cooperation.
What is the current nature of the consumer markets?
Consumer markets are complex. Often specialised product knowledge is required, and consumers frequently rely on selers expertise. Thus safeguards have become essential to resolve and protect consumers from exploitation.
What are industry organisations?
Consumers can also gain assistance and advice from the relevant trade, professional and industry bodies. For example the CPA (Accountants), Advertising Standards Bureau (Marketing), Law Society of NSW and Master Builders Australia.
Discuss the logistics of presenting a case to the NCAT Consumer and Commercial Division
Consumers generally won' get legal aid / assistance in theses kinds of mattes. The general rule i that each party to the proceedings pays their own costs. NCAT has the power to refer parties to various kinds of resolution processes. NCAT acts with as little formality as possible.
How are courts, used as a method for consumer redress and remedy?
Consumers may take a complaint to the court with the most appropriate jurisdiction, however this is rare as it endures much cost and time.
What is inscribed in Part 1s4b of the Competition and Consumer Act 2010 (Cth)?
Defines a consumer as "a person who acquires goods or services that are priced at less than $40 000" and they are of "a kind ordinarily acquired for personal, domestic or household use or consumption"
What is an LCMDI for the Dimmeys recall, and what happened?
Dimmeys Stores Pty Ltd v CAV FCA 2013 - Dimmeys was ordered to pay "civil pecuniary penalties of $3 million" because of illegal sale of uncertified goods. These goods failed to comply with a variety of product standards including floatation aid safety standards, absence of warnings, and absence of ingredient labelling. The company was required to advertise the court's decision in newspapers, on their websites and in their stores.
How does the NSW Food Authority assist in consumer redress and remedies?
Ensuring compliance with the Food Act 2003 (NSW) it ensures safe food production + handling, licensing, and ensures that producers and suppliers engage in compliance. It can issue warnings, inspections, and suspend licenses as well as take court action.
What are the legal responses to credit as a contemporary issue?
In 2008 the Council of Australian Governments (COAG) determined consumer credit regulation powers should be that of the commonwealth. This resulted in: - evolution of Australian Consumer Law - ASIC Act 2001 Amendments - National Consumer Credit Protection Act 2009 Amendments - uniform law approach
What powers does ASIC have?
It can: - commence prosecutions - seek civil penalties from courts - acts as market regulator (compliant, fair and transparent) - regulates engagement with the National Consumer Protection Act 2009 (Cth)
What is the ACL?
It is Australia's consumer law and applies nationally and in all states and territories, to all Australian businesses. The ACL is administered by the ACCC as well as other state and territory consumer protection agencies. It is enforced by all Australian courts and tribunals.
How is the ADMA a non-legal response to the contemporary issue of technology?
It is an industry body for direct marketing companies, strongly committed to self-regulation. Formulated the e-Marketing Code of Practice to supplement the Spam Act 2003 which regulates commercial electronic messages and outlaws spam.
What is the Telecommunications Industry Ombudsman?
It is fully funded by the industry through fees and charges. Membership is compulsory and is required by legislation. They handle complaints about telephone and internet services. They have the authority to decide the resolution of a complain up to $50 000.
What happened in the case of Grant v. Australian Knitting Mills (1936)?
Manufacturers failed to remove a chemical irritant from their woolen underwear. Grant subsequently contracted dermatitis. Suing Australian Knitting Mills, he used Donoghue as a precedent. They succeeded and were awarded 2450 pounds in damages. Went from the Supreme Court, High Court to the Privy Council (UK).
Why is credit a contemporary issue?
Many consumers obtain goods and services via credit cards and loans. Credit providers often issue loans almost too readily. In 2016, card payment overtook cash, accounting for 52% of all Australian payments. Consumers can risk exploitation by unscrupulous lenders. In 2017, credit interest accrued $32.3 billion.
What are marketing innovations?
Marketing innovations involve processes to obtain consumer engagement, increasingly via transnational e-commerce strategies. They have metamorphosed into sophisticated mediums, which produce an increasingly difficult consumer market for the Australian government to regulate. Unjust marketing innovations include fraudulent marketing, deceptive pricing, insecure transactions, phishing and online spamming.
What happened in the case of Donoghue v. Stevenson (1932)?
Ms May Donoghue discovered decomposed snail in ginger bear, and had consumed most of the contents, contracting gastroenteritis. She sought 500 pounds in damages. The judgement was that Stevenson (supplier) was responsible for the wellbeing of individuals who consumed their product. This established the legal precedence of negligence, and duty of care.
Why is technology in regards to consumers a contemporary issue?
New technology is constantly developing, which poses problems for existing laws. There's been a rapid expansion in internet shopping, or e-commerce. Difficulties pose as foreign suppliers, accuracy of information and deceptive practices.
What is the role of the media, in consumer redress and remedy?
Newspapers, radio, television and the internet often provide information about faulty products and unfair practices conducted by businesses. New products with mass appeal may appear on these mediums. For example, the media has been widely used in recent years to inform consumers about the health consequences of smoking cigarettes.
What is contained in the The Gas and Electricity (Consumer Safety) Act 2017?
Powerpoints must meet unique certifications prior to sale.
What is the ACCC?
The Australian Competition and Consumer Commission is an independent statutory authority that administers the ACL. They promote competition and fair trade in the market place, preventing unscrupulous/unfair conduct. It complements state consumer affair agencies, provides education to consumers and businesses about the ACL.
What are the statutory controls on advertising?
The CCA and the Fair Trading Act 1987 (NSW) both operate to protect consumers from unfair advertising and marketing practices. They both prohibit specific practices such as bait and switch advertising, harassing or coercing customers and unordered goods.
What is an LCMDI for the Facebook third-party data colelction, and what happened?
The Facebook Dilemma (SBS Documentary, 2018) - Used as a tool to dictate third party distribution of Facebook's data collection, and alert consumers. Showcases the role of the media for consumer redress and remedies.
What is the NSW legislation, regarding consumer law?
The Fair Trading Act 1987 (NSW) which mirrors federal legislation.
What is NCAT?
The NSW Civil and Administrative Tribunal is a specialist tribunal service in NSW. Established in 2014, by the Civil and Administrative Tribunal Act 2013. It deals with a diverse range of matters, from tenancy issues, guardianship to an administrative review of government decisions. The Consumer and Commercial Division is most relevant.
How does the NSW Office of Fair Trading assist in consumer redress and remedies?
The NSW Office of Fair Trading answers inquiries over the phone, supplies free written information on consumer rights and investigates a variety of complaints. These may include unfair or dishonest commercial practices and unsuitable redress remedies for consumers. They can also negotiate with the business, but cannot make orders.
Provide an example of a profession that utilises state and self-regulated occupational licensing.
The legal profession is an example. It is a combination of The Law Society, The Bar Association and the Legal Practitioners Admissions Board (which is a government body).
What are the 'terms' of contracts?
These are the basis of the agreement. They may include things like conditions and warranties, express and implied terms as well as exclusion causes.
What is the role of non-government organisations in consumer redress and remedy?
They can provide valuable advice, assistance and educate consumers. These may include organisations such as CHOICE, Financial Rights Legal Center (NSW), NRMA, as well as charities and religious groups.
What is contained in the Contracts Review Act 1980 (NSW)?
This gives courts the power to deal with "unjust" contracts and gives the courts a wide range of powers to intervene by way of correction.
What is CHOICE?
This is a large private consumers organisation which publishes CHOICE magazine, along with other information. It acts as a complaint mechanism, advocates for collective consumer disadvantage, provides information on misleading practice and provides information to assess products.
What is the Spam Act 2003 (Cth)?
This legislation prohibits, "address-harvesting software to build distribution lists to participants". Nevertheless, according to the Australian Department of Communication and the Arts, "15.2% of the world's spam originates from the US...Russia, Vietnam and China [also] make up the top four"
What orders can NCAT make, in its Consumer and Commercial Division?
Under Section 8 of the Consumer Claims Act 1998: - order for money to be paid / not paid - order for goods or services to be provided - order to fix or replace faulty goods - order for a refund and the goods to be returned
Why do foreign suppliers pose an issue for the contemporary issue of technology in regards to consumers?
When g+s are purchased from a foreign supplier, domestic Australian law is unable to operate. However if they are defined as overseas suppliers carrying on business in Australian under the CCA 2010 (Cth) domestic laws will apply. The consumers access to quick and inexpensive forms of redress is limited. For example, the ATO scams.
What does ASIC provide consumers?
licensing, public education initiatives, and information to businesses that allow them to fulfill their obligations
What measures under ACL keep unsafe products from the market?
• ss 129-130: safety warning notices • ss 104-108: compliance w compulsory safety standards • ss 109-119: effective and timely removal of unsafe products
