OCBA - Consumer protection

Consumer protection

Topics in this section

Vehicle odometers

Legislation

Consumer laws regulate:

trading practices such as door-to-door sales, pre-paid funerals and health and fitness contracts
the safety of products sold
the licensing of trades and occupations such as builders, real estate agents, conveyancers, plumbers, gas-fitters, electricians, travel agents, second-hand vehicle dealers, trade instrument repairers, and security and investigation agents
the rental of residential property.

Rights and entitlements

You have a consumer right to:

honest and accurate information to help you decide which goods or services to purchase
a fair and reasonable contract when you purchase goods and services
goods and services that are:
- of acceptable quality,
- fit for the purpose,
- and match the description or sample given.
redress if you have a problem with something you have bought. Possible remedies include a refund, repair, replacement or resupply of services
claim compensation where you suffer a loss caused by a product or service.

Consumers have the same rights and expectations when they do business online as in a bricks and mortar store. And they should take similar steps for their own protection. Consider the precautions we take when we go shopping at the supermarket or shopping mall. We never leave our purse or wallet unattended, we conceal our PIN when at checkouts, we don't carry large amounts of cash and we don't allow our credit card out of our sight.

eBay, one of Australia's largest online marketplace, has produced a new publication titled the 'Australian e-Commerce Safety Guide 2005' that provides sound advice to ensure your online shopping experience is as pleasurable and safe as that from a bricks and mortar store.

'Empowering individuals to make sensible decisions and an open and transparent community are the foundations of any crime-fighting strategy' says Alastair MacGibbon, eBay Australia and New Zealand Trust & Safety Director.

Following the sensible precautions presented by eBay in this new publication for shopping online, such as learning as much as possible about the product and seller, understanding the retailer's refund policies, choosing a secure password and using a secure checkout and payment process will reduce the risk of becoming a victim of online crime. The Commissioner for Consumer Affairs supports their advice.

The eBay booklet is available free. Download the Australian e-Commerce Safety Guide for 2005.

Australian Consumer Law (ACL)

The Australian Consumer Law is a single, national law covering consumer protection and fair trading which applies in the same way nationally and in each State and Territory.

For the first time, Australian consumers have the same protections and expectations about business conduct wherever they are in Australia. Similarly, businesses have the same obligations and responsibilities wherever they operate in Australia.

What are the principal changes that are introduced by the Australian Consumer Law?

The main changes being implemented in the ACL are;

a single set of definitions and interpretative provisions, some of which differ from those currently used;
a new national law on unfair contract terms;
a single set of provisions about unfair practices and fair trading, including amendments and additions which reflect existing provisions in State and Territory consumer laws;
new national consumer guarantees provisions, which replaces laws on statutory conditions and warranties;
a new national regime for unsolicited consumer agreements, which replace existing State and Territory laws on door-to-door sales and other direct marketing;
simple, national rules for lay-by agreements;
a new national product safety legislative regime; and
new national provisions on information standards, which apply to services as well as goods.

For further information, see Australian Consumer Law (ACL) or visit www.consumerlaw.gov.au for more detailed guidance.

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Consumer protection

On this page

Topics in this section

Legislation

Rights and entitlements

Online shopping

Australian Consumer Law (ACL)