consumer law Flashcards
(15 cards)
what is the main purpose of the Australian consumer law
to provide statutory garentees that goods and services are of acceptable quality, fit for the purpose and match their description
what is meant by “non-excludable statutory guarantees under the ACL
businesses can’t exclude or avoid consumer guarantees through contract terms
What does the ACCC do?
The ACCC investigates and prosecutes breaches of consumer law and enforces fair competition.
What is an example of a case where the ACCC took action for misleading conduct?
ACCC v Mazda (2021) – Mazda was fined $11.5 million for misleading consumers about their rights to refunds.
What is NCAT and how does it help consumers?
NCAT is the NSW Civil and Administrative Tribunal. It provides a low-cost, informal way for consumers to resolve disputes about faulty goods or services.
What role does CHOICE play in consumer protection?
CHOICE is a consumer advocacy group that tests products, publishes reviews, and campaigns for reforms to improve consumer rights.
How did CHOICE influence policy on button batteries?
CHOICE raised awareness about the dangers of button batteries, leading to the introduction of mandatory safety standards in 2022.
What is the Telecommunications Industry Ombudsman (TIO)?
The TIO is an independent body that resolves disputes between consumers and telecommunications companies, offering free, informal solutions.
What is a limitation of the TIO?
The TIO cannot resolve disputes involving complex legal questions or high-value amounts.
Why are non-legal measures like the TIO considered more accessible than formal legal options?
Non-legal measures are free, informal, and do not require legal representation, making them more accessible to everyday consumers.
What is the significance of the ACCC v Visy Industries (2008) case?
Visy was fined $36 million for price-fixing with Amcor, showing that the courts can impose significant penalties for anti-competitive behavior to protect consumers.
How do legal and non-legal measures work together to achieve justice for consumers?
Legal measures provide enforceable rights and penalties, while non-legal measures offer quicker, more accessible resolutions. Together, they ensure comprehensive consumer protection.
What does ACL stand for?
Australian Consumer Law.
What does ACCC stand for?
Australian Competition and Consumer Commission
What does TIO stand for?
Telecommunications Industry Ombudsman.
