Introduction of Australian Consumer Law

Australian Consumer Law

Table of Contents
Introduction.................................................................................................................... 2
1. Online transaction and ACL............................................................................................ 2
2. Breach of guarantee...................................................................................................... 3
3. Remedies.................................................................................................................... 5
4. Legality of no refund policy............................................................................................ 6
Conclusion..................................................................................................................... 6
References..................................................................................................................... 7
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Introduction
Australian consumer law (ACL) is an integral legislation for safeguarding the rights of the
consumers. It is specified in Schedule 2 of Competition and Consumer Act 2010. It mainly
focuses on deceptive or misleading conduct, unfair practices, unconscionable conduct, product
safety and information, conditions and warranties, country of origin representation and liability
on the part of manufacturers in case of goods having safety defects offences.
Thus the discussion would focus on various aspects associated with ACL, the remedies under it,
ways of is breach and legality of no refund policy. In the process of this discussion, the provided
case of Sangita would be taken into consideration.
1. Online transaction and ACL
Since 1st January 2011, there are certain consumer guarantees which are applicable on services
and products that have been incorporated in ACL. This has resulted in incorporation of online
services and products bought from Australian businesses on which consumer guarantees on the
services and products are applicable (Accc, 2018).. It is on the basis of this fact it may be stated
that the online transaction of Sangita from Myers can be considered to be incorporate in the
operation of ACP. In addition to that there are certain rights and guarantees associated with
refund, repair or replacement which has been incorporated in Australian Consumer Law (ACP)
since 1st January 2011 when one or more than one consumer guarantees are not addressed
(Consumerlaw, 2018). These guarantees are applicable to both major and minor issues. In this
context it can be stated that, the aspects which have been mentioned under ACP in regards to
refunds and returns under Chapter 5 of ACL which focuses on enforcement and remedies
wherein national enforcement remedies and powers associated with consumer law is emphasized
upon that is applicable in a similar manner when buying online from an Australian business. To
get in depth of the matter, the aspects associated with refunds and returns that has been
mentioned under Chapter 5 of ACL is applicable in a similar manner as when making a purchase
from physical store (Consumer, 2018). Under this chapter of ACL it has been stated that ACL
formulates national empowerment power which is needed to be used on the part of all the
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