A consumer is an individual or entity that purchases goods or services with an aim to use them. Laws based on consumers aspire to protect individuals by providing them with necessary rights such as the right to repair,replacement,refund but also compensation for any damages incurred.
Good Afternoon Arthur and Jess. Today my speech will be on the amendment and reformation of consumer law in Australia over the years.
Before 2011 all States and territories in Australia had separate laws and regulations regarding the protection of consumers. However they tried to implement a more national scheme based on part 5 of the Trade Practices Act 1974 which was on consumer protection. A beneficial as it may have been to ensure consistency the approach
| A consumer is an individual/organisation who buys a good/service for their personal use. They are a key stakeholder in some business’ as they are the primary source of their revenue.
Studmaster Pty Ltd was a landlord that owned a shopping complex in Bourke Street, Melbourne. Mrs Tran operated the “Vietnamese Lunch Box” outlet in the food court. She had little ability to speak or read English, which the representatives for Studmaster knew about. Studmaster proposed a three year renewal of her lease at $48,000 per annum plus GST for the first year and CPI increments in the second and third years.
Unconscionability refers to an agreement entered into against the dictates of good conscience. Section 21 of the Australia Consumers Law deals with unconscionable conduct pertaining to the acquisition or supply of goods or services. Section 21(2) sets out the factors to be considered in determining whether the contract is unconscionable and these are:
Conclusively, Law reform is a perpetual or ongoing process: it is constantly evolving in conclusion, need for law reform in our contemporary society is vital. It Is important that the Australian law is consistently reformed on a regular basis to prevent any issues to ensure to ensure that we live in a society of peace, justice, regulation and a society which upholds values , morals and ethics Through law reform by understanding and recognising that there is a problem in our community which can be fixed through the legal system we may use the federal, state, etc. law to unpin and prevent this issue and the way to reform the law to fit the contemporary society and prevent revenge porn from ruining lives Through the process of law reform, legal
The Australian Consumer Law (ACL) was established to protect consumers in any legal trading activities in Australia. A set of guarantees has also been introduced for those consumers who are acquiring goods and services from Australian suppliers, importers or manufacturers. The guarantees are intended to ensure that consumers will receive the goods or services they have paid for. If they have problems with the products and services they bought, they are entitled for remedies, such as repair, replacement, and refund.
In this essay I will be critically analysing an article and report on the relationship between Australian law and International law, reflecting on the Universal Declaration of Human Rights and whether it ensures the safe guard of human rights for future generations. I will then analyse whether this promotes peace and equality internationally.
Introduced on 1 January 2011, Australian Consumer Law (ACL) is a single, Australia-wide law that governs and protects fair trading practices. ACL is a sub-section of the Competition and Consumer Act 2010 and is administered and enforced by the Australian Competition and Consumer Commission (ACCC) and the Queensland Office of Fair Trading (OFT).
A consumer defined in the Fair Trading Act 1987 (NSW) is ‘any person who acquires goods and services from a supplier’. The Industrial Revolution resulted in most goods being mass produced; often with little or no contact between manufacturer and consumer. This meant that the law moved from the laissez-faire approach (leaving things to take their own course) to consumer affairs and notion of caveat emptor (Latin for Let buyer beware). Due to the never ending failure of laissez-failure approach, a number of legal and non-legal measures were introduced which had different levels of effectiveness in achieving justice for consumers. Government regulation such as Trade Practises Act which includes Advertising and Marketing regulation, Fair
In s3 (1) and (2) of the ACL the meaning of consumer is set out. A consumer is a person taken to have acquired particular goods or services Personal
The control that the government has on the citizens of this country has pushed its boundaries and should not be able to dictate out choices. This opinion article 'Limiting our freedoms' published on the citizensforcivilliberties.com written by Oliver Clements talks of not the benefits or negatives of the new reform but of the limitations put on the citizens of Australia, the roles that the government has taken to control us while making us believe that it is for our own benefit. It talks of the restraints that citizens are put under because of the select few that cannot control themselves. Clements does not agree with the new reform but not because he will lose money or that he wants to be able to bet more but because the liberations of the
Legislation and legislative change in Australia has sought over the years to both define the roles of women under the law and amend laws to ensure that gender inclusive redress occurs in the area of marriage and long-term relationships. The Matrimonial Causes Act 1857, passed in the United Kingdom, attempted to reform the law on divorce and marriage, however in that Act it explicitly granted men an easier route to divorce than women. The colonies at that time were invited to also pass this legislation. In response to the demand for radical reform to family law legislation and the unequal gender balance that has been present for many years in Australia, the Whitlam Government made major changes to marriage law in passing the Family Law
Zines Leslie, ‘The Common law in Australia: Its nature and Constitutional Significance ‘(Federation Press, 1999)
Australian Consumer Law is a single national law, which is, applies in all jurisdictions, to all business and to all industry sectors. The ACL also represents a new approach to considering consumer policy issues, with the Australian Government and the States and Territories working closely together to consider develop and implement changes.
They believe that those laws should govern the behaviour of all, all the while respecting what is known as the ‘rule of law’ and ‘procedural fairness’ because these processes express one of the core values on which was founded - that of the fundamental equality between persons. (Cannold, 2011) The legal society of Australia, often behaves as such, with reform happening where needed in order to keep up with the changes (both value-based and physical) that occur in society. This law reform process is executed through various formal and informal methods, through both the legislative process, and other means through the public body, such as protest, petition and the ever-present 24 hour media cycle. Law reform, particularly legislative reform, has been touted as a means of facilitating progressive chance. (Armstrong,
A consumer is an individual who is not acting for the purpose of a business and outside that individual’s trade or profession. The aim of the CRA 2015 is to provide consumers with confidence when purchasing goods and services in the modern market. The Act intends to modernise the law, thus making it easier for