Australian Consumer Law Case Study

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it might be said: Question Two The Australian Consumer Law (‘ACL’) was implemented in two stages. The first stage came into operation on the 1st of July 2010 and it comprised national unfair contract terms provisions, and new civil pecuniary penalties, enforcement powers and consumer redress options for breaches of the Trade Practices Act (‘TPA’). The second stage of the reform provided that the new ACL would commence on the 1st of January 2011 and included the consumer guarantee reforms and a new standard consumer product safety law for consumer goods and product related services. In addition, the TPA was renamed by item 2 of schedule 5 to the Trade Practices Amendment (Australian Consumer Law) Act (No 2) 2010 (Cth) (‘Second…show more content…
However, for the remaining time period from 2011-2014, relief may be sought under the relevant provisions of the CCA. For the portion of the conduct undertaken after the 1st of January 2011, it will now be considered whether Ray Smith Building Services Pty Ltd has any rights to complain under the consumer protection provisions of the CCA. Necessarily, this needs to begin with a consideration of when a person shall be taken to have acquired particular goods/services as a consumer. The ACL only applies in relation to consumers and under section 4B ‘a person shall be taken to have acquired particular goods as a consumer if, and only if the price of the good did not exceed $40,000 or where that price exceeded the prescribed amount – the goods were of a kind ordinarily acquired for personal, domestic or household use or consumption or the goods consisted of a commercial road vehicle; and the person did not acquire the goods, or hold himself or herself out as acquiring the goods, for the purpose of re-supply or for the purpose of using them up or transforming them, in trade or commerce, in the course of a process of production or manufacture or of repairing or treating other goods or fixtures on land.’ The second subsection provides a similar provision for services. The sub-contract between Fire Safety Building Services and Ray Smith Building Services was well over the $40,000 threshold whereby the finder’s fee to be paid to Fire and Safety Services was worth
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