Trade Practices Amendment (Australian Consumer Law) Act (No. 2)

402 Pages·2010·0.85 MB·English

Trade Practices Amendment (Australian
Consumer Law) Act (No. 2) 2010

No. 103, 2010

An Act to amend the Trade Practices Act 1974 and
the Australian Securities and Investments
Commission Act 2001, and for other purposes

Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/)

Contents
1 Short title...........................................................................................1
2 Commencement.................................................................................2
3 Schedule(s)........................................................................................3
Schedule 1—The Australian Consumer Law 4
Trade Practices Act 1974 4
Schedule 2—Application of the Australian Consumer Law 262
Trade Practices Act 1974 262
Schedule 3—Amendment of the Corporations legislation 337
Australian Securities and Investments Commission Act 2001 337
Corporations Act 2001 349
Schedule 4—Enforcement of industry codes 351
Trade Practices Act 1974 351
Schedule 5—Other amendments of the Trade Practices Act
1974 358
Schedule 6—Amendment of other Acts to change references to
the Trade Practices Act 1974 374
Part 1—Bulk amendments 374
Administrative Decisions (Judicial Review) Act 1977 374
Agricultural and Veterinary Chemicals Code Act 1994 374
Airports Act 1996 374
Air Services Act 1995 375
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 375
Australian Communications and Media Authority Act 2005 376
Australian Energy Market Act 2004 376
Australian Maritime Safety Authority Act 1990 376
Australian Postal Corporation Act 1989 376
Banking Act 1959 377
Broadcasting Services Act 1992 377
Crimes Act 1914 378
Customs Act 1901 378

i Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 No. 103, 2010
Do Not Call Register Act 2006 378
Environment Protection and Biodiversity Conservation Act 1999 378
Evidence and Procedure (New Zealand) Act 1994 378
Federal Court of Australia Act 1976 378
Financial Sector (Business Transfer and Group Restructure) Act 1999 379
Health Insurance Commission (Reform and Separation of Functions)
Act 1997 379
Insurance Act 1973 379
Jurisdiction of Courts (Cross-vesting) Act 1987 379
Life Insurance Act 1995 380
Liquid Fuel Emergency Act 1984 380
Medibank Private Sale Act 2006 380
Northern Territory National Emergency Response Act 2007 380
Occupational Health and Safety Act 1991 380
Occupational Health and Safety (Maritime Industry) Act 1993 380
Offshore Petroleum and Greenhouse Gas Storage Act 2006 381
Patents Act 1990 381
Payment Systems (Regulation) Act 1998 381
Private Health Insurance Act 2007 381
Proceeds of Crime Act 2002 381
Protection of the Sea (Powers of Intervention) Act 1981 381
Radiocommunications Act 1992 381
Social Security (Administration) Act 1999 382
Spam Act 2003 382
Sydney Airport Demand Management Act 1997 382
Telecommunications Act 1997 383
Telecommunications (Consumer Protection and Service Standards)
Act 1999 385
Telecommunications (Interception and Access) Act 1979 385
Trade Marks Act 1995 385
Trans-Tasman Proceedings Act 2010 385
Water Act 2007 385
Wheat Export Marketing Act 2008 385

Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 No. 103, 2010
ii
Part 2—Other amendments 386
Administrative Decisions (Judicial Review) Act 1977 386
Agricultural and Veterinary Chemicals Act 1994 386
Agricultural and Veterinary Chemicals (Administration) Act 1992 386
Agricultural and Veterinary Chemicals Code Act 1994 386
Airports Act 1996 387
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 387
Banking Act 1959 387
Carriage of Goods by Sea Act 1991 388
Federal Court of Australia Act 1976 388
Food Standards Australia New Zealand Act 1991 388
Insurance Act 1973 389
Jurisdiction of Courts (Cross-vesting) Act 1987 389
Motor Vehicle Standards Act 1989 389
National Transmission Network Sale Act 1998 390
Olympic Insignia Protection Act 1987 391
Radiocommunications Act 1992 392
Wheat Export Marketing Act 2008 392
Schedule 7—Transitional matters 393

iii Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 No. 103,
2010

Trade Practices Amendment (Australian
Consumer Law) Act (No. 2) 2010
No. 103, 2010

An Act to amend the Trade Practices Act 1974 and
the Australian Securities and Investments
Commission Act 2001, and for other purposes
[Assented to 13 July 2010]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Trade Practices Amendment
(Australian Consumer Law) Act (No. 2) 2010.

Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 No. 103, 2010
1
2 Commencement
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with
column 2 of the table. Any other statement in column 2 has effect
according to its terms.

Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
1. Sections 1 to 3 The day this Act receives the Royal Assent. 13 July 2010
and anything in
this Act not
elsewhere covered
by this table
2. Schedules 1 to The later of: 1 January 2011
5 (a) the start of 1 January 2011; and
(b) immediately after the commencement of
Schedule 1 to the Trade Practices
Amendment (Australian Consumer Law)
Act (No. 1) 2010.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
3. Schedule 6, At the same time as the provision(s) covered 1 January 2011
items 1 to 46 by table item 2.
4. Schedule 6, The later of: 1 January 2011
item 47 (a) the same time as the provision(s) covered
by table item 2; and
(b) immediately after the commencement of
Schedule 1 to the Broadcasting
Legislation Amendment (Digital
Television) Act 2010.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
5. Schedule 6, At the same time as the provision(s) covered 1 January 2011
items 48 to 141 by table item 2.

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Commencement information
Column 1 Column 2 Column 3
Provision(s) Commencement Date/Details
6. Schedule 6, The later of:
item 142 (a) the same time as the provision(s) covered
by table item 2; and
(b) immediately after the commencement of
section 3 of the Trans-Tasman
Proceedings Act 2010.
However, the provision(s) do not commence
at all if the event mentioned in paragraph (b)
does not occur.
7. Schedule 6, At the same time as the provision(s) covered 1 January 2011
items 143 to 191 by table item 2.
8. Schedule 7 At the same time as the provision(s) covered 1 January 2011
by table item 2.
Note: This table relates only to the provisions of this Act as originally
passed by both Houses of the Parliament and assented to. It will not be
expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not
part of this Act. Information in this column may be added to or
edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect
according to its terms.

Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 No. 103, 2010
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Schedule 1 The Australian Consumer Law

Schedule 1—The Australian Consumer Law

Trade Practices Act 1974
1 Schedule 2
Repeal the Schedule, substitute:
Schedule 2—The Australian Consumer Law
Note: See Part XI.

Chapter 1—Introduction
1 Application of this Schedule
2 Definitions
3 Meaning of consumer
4 Misleading representations with respect to future matters
5 When donations are treated as supplies or acquisitions
6 Related bodies corporate
7 Meaning of manufacturer
8 Goods affixed to land or premises
9 Meaning of safety defect in relation to goods
10 Asserting a right to payment
11 References to acquisition, supply and re-supply
12 Application of Schedule in relation to leases and licences of land
and buildings
13 Loss or damage to include injury
14 Meaning of continuing credit contract
15 Contraventions of this Schedule
16 Severability
17 References to provisions in this Schedule
Chapter 2—General protections
Part 2-1—Misleading or deceptive conduct
18 Misleading or deceptive conduct
19 Application of this Part to information providers
Part 2-2—Unconscionable conduct
20 Unconscionable conduct within the meaning of the unwritten law
21 Unconscionable conduct

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