Australian Consumer Law + consumer protection
Consumer guarantees, unfair contract terms (penalty regime from 9 November 2023), unconscionable conduct, product safety, misleading conduct + ACCC enforcement.
19
Obligations
6
Regulators
0
Recent enforcement
Regulators
Obligations (19)
- criticalCWLTHcurrentButton + coin battery safety standard (mandatory)
Suppliers of products containing button + coin batteries must meet 2022 mandatory standard.
- criticalCWLTHcurrentComply with mandatory product safety standards + bans (ACL)
Schedule 2 ACL — suppliers must comply with mandatory product safety standards + permanent bans.
- criticalCWLTHcurrentConsumer Credit Hardship Notice (NCC ss 72-73)
Credit providers must respond to hardship notice + assess variation request.
- criticalCWLTHcurrentDesign and Distribution Obligations (DDO) — RG 274
Issuers + distributors of retail financial products bound by DDO from 5 October 2021.
- criticalCWLTHcurrentHold AER authorisation as energy retailer
Selling electricity or gas to small customers requires AER retailer authorisation.
- highCWLTHcurrentAvoid unfair contract terms in standard form consumer & small business contracts
From November 2023, unfair contract terms carry pecuniary penalties — up to $50M per term.
- highCWLTHcurrentComply with General Insurance Code of Practice (ICA)
ICA Code binds member insurers on conduct + claims + complaints.
- highVICcurrentComply with Residential Tenancies Act 1997 (VIC)
VIC RTA 1997 (significantly amended 2021) — minimum standards, pets, no-fault terminations reformed.
- highNSWcurrentComply with Residential Tenancies Act 2010 (NSW)
Landlords + agents must lodge bonds with Rental Bond Board + comply with notice + minimum standards.
- highCWLTHcurrentComply with Telecommunications Consumer Protections (TCP) Code
Telcos must comply with the binding TCP Code covering credit assessment, billing, complaint handling and unwelcome contact.
- highVICcurrentDomestic Building Contracts Act 1995 (Vic) — warranties
Vic domestic building contracts include statutory warranties + insurance requirements.
- highNSWcurrentHome Building Compensation Fund (NSW)
NSW residential building work >$20,000 requires HBCF insurance.
- highCWLTHcurrentNotify ACCC of a voluntary recall within 2 days
Suppliers must notify the ACCC within 2 days of initiating a voluntary consumer product recall.
- highNSWcurrentUnderquoting prohibition (NSW Property and Stock Agents Act 2002)
NSW real estate agents must not underquote — Maximum penalty $22,000.
- highVICcurrentUnderquoting prohibition (Vic Estate Agents Act 1980)
Vic real estate agents must not underquote a property sale price.
- mediumCWLTHcurrentComply with the ePayments Code
Voluntary but industry-standard code covering electronic transaction terms, mistaken internet payments, and unauthorised transactions.
- mediumCWLTHcurrentCustomer Service Guarantee (CSG)
Standard telephone service providers face CSG financial penalties for missed connection + repair timeframes.
- mediumCWLTHcurrentEnergy Bill Relief Fund + state cost-of-living payments compliance
Retailers + suppliers administering federal/state energy bill relief must apply correctly + report.
- mediumCWLTHcurrentGEMS (Greenhouse + Energy Minimum Standards)
Regulated products must meet energy efficiency MEPS + display label.