THE AUSTRALIAN CONSUMER LAW

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Transitional Matters

• The Trade Practices Amendment (Australian Consumer Law) Act (No.1) 2010 passed in March 2010:

(a)             Introduced the first stage of the Australian Consumer Law (ACL).

(b)             On 15 April 2010 the ACCC and ASIC had an increased range of enforcement options.

(c)             From 15 April 2010 provisions introduced setting out new civil pecuniary penalties.

(d)             From 1 July 2010 provisions relating to unfair contract terms in consumer contracts.

• The Trade Practices Amendment (Australian Consumer Law) Act (No.2) 2010-passed on 24 June 2010 - took effect from 1 January 2011 implemented the second part of the ACL reforms.

• The Fair Trading Act 1987 (NSW)(FTA) was amended, with effect from 1 January 2011, to enact the new National ACL.

• Transitional provision of the FTA (Schedule 5 Clause 16) provides that the FTA as in force prior to 1 January 2011 continues to apply to acts or omissions occurring before, or contracts entered into before the commencement date (1 January 2011).

• The ACL that commenced on 1 January 2011 applies to conduct occurring after that date.  Conduct occurring prior to 1 January 2011 will remain subject to the repealed provisions of the TPA.  The repealed TPA continues to apply to proceedings which were commenced, but not concluded, before 1 January 2011.

• The ACL is Schedule 2 of the Competition and Consumer Act 2010. This Act has replaced the Trade Practices Act 1974(TPA).

• The ACL to be enforced by all Australian Courts and Tribunals, including the Courts and Tribunals of the States and Territories; A Guide to Provisions April 2010.  Currently the District Court NSW cannot hear TPA actions.

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Presented by:
Patrick Thompson, David Cooper and Tony Kulukovski
Thompson Cooper Lawyers

16 February 2011