Joint communique meeting of Ministers for Consumer Affairs 9 December 2011
The Australian Consumer Law
Ministers welcomed improvements to the Australian Consumer Law.
The improvements will assist consumers, businesses and the Courts to fully appreciate the intent of the unconscionable conduct provisions. Removal of a distinction between the consumer and business-related unconscionable conduct provisions will simplify the law. These changes will give effect to recommendations of an expert panel established to consider improvements to Australia’s laws dealing with unconscionable conduct.
In addition, regulations have been made to allow door-to-door salespersons and telemarketers to immediately supply goods with a price of up to $500 to consumers immediately when a sale is made. These regulations will commence on 1 January 2012, when transitional provisions that preserved the effect of pre-existing State and Territory laws expire. The Australian Consumer Law will continue to prohibit suppliers or dealers from accepting payment for 10 business days when a sale is unsolicited.
Ministers noted the Commonwealth’s decision to accept the Productivity Commission’s recommendation in relation to the component pricing provisions of the ACL as they apply to restaurant and cafe menus. State and Territory consumer agencies will engage with interested parties to seek their views on any draft amendment.
Co-operatives National Law
Ministers noted that the Australian National Launch of the United Nations 2012 International Year of Co-operatives took place on 22 November 2011 at Parliament House, Canberra. One of the goals of the International Year of Co-operatives is to “encourage Governments to establish policies, laws and regulations conducive to the formation, growth and stability of co-operatives”. Ministers agreed they will continue towork towards the introduction of the Co-operatives National Law or alternative consistent legislation to coincide with the International Year of Co-operatives.
Other Consumer Affairs Issues
Ministers also discussed a number of other consumer affairs issues which include:
- • a national group buying project;
- • publication of the Commonwealth Consumer Affairs Advisory Council’s issues paper on gift cards;
- • a national project on travelling con men;
- • a review of consumer protection in travel services;
- • regulation of bunk bed and evaporative air conditioner safety;
- • variable direct debits;
- • shelf pricing;
- • country-of-origin labelling;
- • unsolicited selling and ‘do-not-knock’ signage; and
- • an update on the national regulation of pay-day lending and mortgage broking.
About CAF
Members of the Council are:
Hon John Rau MP (South Australia – Chair)
Hon David Bradbury MP (Commonwealth)
Hon Anthony Roberts MP (New South Wales)
Hon Michael O’Brien MP (Victoria)
Hon Paul Lucas MP (Queensland)
Hon Simon O’Brien MLC (Western Australia)
Mr Simon Corbell MLA (Australian Capital Territory)
Hon Nick McKim MP (Tasmania)
Hon Daniel Knight MLA (Northern Territory)
Minister for Consumer Affairs (New Zealand)
The Legislative and Governance Forum on Consumer Affairs’ (CAF’S) objective
CAF’s objective is to provide the best and most consistent protection for Australian and New Zealand consumers through its consideration of consumer affairs and fair trading issues of national significance and, where possible, development of consistent approaches to those issues.
CAF was previously the Ministerial Council on Consumer Affairs (MCCA).
To find out more visit www.consumerlaw.gov.au
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