AUSTRALIAN CONSUMER LAW REVIEW – HAVE YOUR SAY

Fair Trading Commissioner Rod Stowe is encouraging NSW consumers, businesses and other interested parties to contribute to a review of the Australian Consumer Law (ACL).

The review of the ACL formally commenced on 31 March 2016 with the release of an Issues Paper. The release begins eight weeks of public consultation, with submissions due 27 May 2016.

Public consultation provides an opportunity for interested stakeholders to provide feedback on whether the law is working effectively and whether it could be improved.

To have your say go to:

http://consumerlaw.gov.au/review-of-the-australian-consumer-law/about-the-review/

Mr Stowe encouraged all interested parties to contribute their ideas, whether it is about the legal framework of the ACL, its administration and enforcement or addressing emerging consumer issues like online shopping and pop up shops.

He said it was important for broad discussion and input to ensure Australia continued to have a world class consumer protection framework.

“We are really keen to hear from consumers and business operators about what they think has worked and what has not,” Mr Stowe said. “This is an opportunity to shape how our consumer laws will look for the decade ahead.

“We are at an important crossroads. One of the fundamental questions is – should the ACL continue to be a generic law capable of applying to an evolving market place or do we need specific provisions that respond to some of the new business models that have appeared in recent years like electronic commerce and the shared economy?”

Issues canvassed in the paper include: unfair contract terms and insurance products; digital products and consumer protection; product safety including mandatory standards for products like children’s toys; lemon laws, phoenixing; the deterrent effect of financial penalties; whether the ACL should be applied to charities and not-for-profit organisations; and, how best to prohibit unconscionable business conduct.

On 12 June 2015 Consumer Affairs Ministers agreed Terms of Reference for the review, the first review of the ACL since it commenced on 1 January 2011.

The review is being undertaken by Consumer Affairs Australia and New Zealand (CAANZ).

CAANZ will provide consumer affairs ministers with an interim report in the second half of 2016 and a final report by March 2017.