Australian Consumer Law (ACL).
Since 1 January 2011 the 13 previous consumer protection laws have come under one Federal law, the Australian Consumer Law (ACL). Under the ACL, consumers will have the same protections and expectations about business conduct no matter where they are in Australia. Similarly, businesses will have the same obligations and responsibilities wherever they operate in Australia.
Aspects which may concern our sector include:
- Terms and conditions that may be determined as unfair by the courts when issues are brought before them
- Accuracy in advertising. Puffery is alright if self-evident (eg Queensland – Beautiful one day, perfect the next)
- Component pricing. This must include a single total price including GST. (For example airfares cannot show a price then a statement noting that it excludes taxes, charges, fuel surcharge and booking fee.) The all-inclusive price figure is what a consumer is required to pay, but you can exclude optional extras.
Further information can be found on the following websites:
- The Australian Competition and Consumer Commission (ACCC) - www.accc.gov.au/smallbusiness
- The Office of Consumer and Business Affairs (OCBA) - www.ocba.sa.gov.au. OCBA has also produced a 13-minute video (http://www.youtube.com/user/OCBASA) which provides an overview of key elements of the new law.
The ACCC website also has a number of small business publications which may be of interest and which can be downloaded electronically without cost. Amongst the most popular are:
- Small business and the Trade Practices Act which encourages small businesses to think of the Trade Practices Act 1974 as an important management tool, and compliance with the Act as part of good business practice.
- Advertising and selling. Honest advertising and selling practices benefit small businesses and consumers alike.
- Small business scams. This fact sheet provides information to help you protect yourself and your business by being aware of the common scams targeting small businesses.
In addition, to assist small business with their rights and responsibilities under the Trade Practices Act, the ACCC has a dedicated small business helpline which enables small business operators to speak directly to ACCC staff about small business issues by calling 1300 302 021.
Scams, Cyber Security and Privacy
Other government websites dealing with scams, cyber security and privacy may also be of interest to members:
- www.scamwatch.gov.au - a website owned and maintained by the ACCC to help you recognise, report and protect yourself from scams. Explore SCAMwatch to find out more about the scams that target you or your small business.
- www.staysmartonline.gov.au The Australian Government’s cyber security website, Stay Smart Online, provides information for Australian internet users on the simple steps they can take to protect their personal and financial information online.
- www.ag.gov.au/cybersecurity.gov.au On 6 June 2010, the Attorney-General Robert McClelland and the Minister for Broadband, Communications and the Digital Economy Steven Conroy launched the publication Protecting Yourself Online – What Everyone Needs to Know which is available in the downloads section of this website. See http://www.ag.gov.au/www/agd/agd.nsf/Page/CyberSecurity_ProtectingYourselfOnline-WhatEveryoneNeedstoKnow. The publication brings together information and advice from a range of Australian Government departments and agencies in one handy booklet to help all Australians stay safe and secure when using the internet.
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