Commerical lawyer Kelly Dickson of Macpherson & Kelley Lawyers grabbed complete attention from delegates at the recent CRVA Conference on the Gold Coast with professionally precise workshops on Australian Consumer Law.
The National push for law reform has changed the name of the Trade Practices Act and produced new sections. Kelly delivered a snapshot of the implications for the industry. Implied warranties have been replaced with consumer guarantees and sections of the Act have been expanded.
Industry must respond to a new product safety regime, Kelly said.
This extends to reporting to the commission if a business becomes aware that a product it has sold has been involved in a situation which caused injury. The business has two days (not business days) to place the report, she said. Fines for companies in breach of the Consumer Laws range up to $2.1m.
The ACCC is catching up too. This from their website -
Implied warranties and conditions:
All goods and services sold to consumers before 1 January 2011 have warranties and conditions attached to them. On 1 January 2011 these warranties and conditions were replaced by the new laws on consumer guarantees. Customers have rights regardless of whether they purchased goods or services before or after 1 January 2011, however the law applicable to these transactions is different.
On 1 January 2011 the Trade Practices Act 1974 was renamed the Competition and Consumer Act 2010. The Australian Competition and Consumer Commission is reviewing its website and its publications to reflect this name change, and changes to the law brought about by the Australian Consumer Law (ACL) which forms part of the renamed Act.
For further information call the ACCC Infocentre on 1300 302 502 or visit the Australian Government website www.consumerlaw.gov.au