The Australian consumer law after the first three years - is it a success?

Taylor, Des and McNamara, Noeleen (2014) The Australian consumer law after the first three years - is it a success? Curtin Law and Taxation Review, 1 (1). pp. 96-132. ISSN 2203- 5028

Abstract

The Australian Consumer Law (ACL), which is located in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (CCA), came into force on 1 January 2011. A main reason for the ACL was to create a single Australia-wide regime, which would replace the myriad of consumer protection provisions contained in the Trade Practices Act 1974 (Cth) (TPA) and the various State and Territory legislation the majority of which being the State Fair Trading Acts. The hope was that this new single Australia-wide regime approach to consumer protection would bring with it greater legal certainty than previously, especially for businesses operating in more than one of the Australian jurisdictions (a common feature in today's business world). However, a consolidation of the existing law was not the only goal; several other significant changes were also implemented, one of which was an increase in the enforcement powers of the Australian Competition and Consumer Commission (ACCC). Now that it has been in force for three years, it is timely to assess whether or not the ACL has been a success. This is an area of the law that is particularly important since various provisions of the ACL apply not just to consumer law matters.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Permanent restricted access to published version due to publisher copyright policy.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 28 Jan 2015 23:22
Last Modified: 08 Nov 2017 00:09
Uncontrolled Keywords: Australian consumer law; ACL; schedule 2 of the Competition and Consumer Act 2010 (Cth); CCA; consumer protection; legal certainty
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180123 Litigation, Adjudication and Dispute Resolution
22 Philosophy and Religious Studies > 2201 Applied Ethics > 220102 Business Ethics
18 Law and Legal Studies > 1801 Law > 180105 Commercial and Contract Law
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940407 Legislation, Civil and Criminal Codes
URI: http://eprints.usq.edu.au/id/eprint/26613

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