Analysis of Consumer Rights and Remedies under Australian Law

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Business law

Contents
Business law............................................................................................................... 1
Introduction................................................................................................................ 3
Main body................................................................................................................... 4
1. Explain whether Betty is entitled to exercise Australia Consumer Law
guarantees and how long does she have to exercise her rights?............................4
2. Provide advice to Betty what are the available remedies that she could apply
under the Australian Consumer Law and what are the possible penalties that
Barossa Valley Mountain Wines Pty Ltd could incur if there is deemed to be a
breach of Australian Consumer Law?......................................................................6
Conclusion.................................................................................................................. 8
References................................................................................................................. 9
Reckitt Benckiser (Australia) Pty Limited v Procter & Gamble Australia Pty
Limited [2018] FCA 378.................................................................................... 9

Introduction
The consumer protection and regulation is considered to be one of the most
important process for which the government of the country has to make various
rules so that they are able to maximise the protection of the consumers in the
country. for the purpose of protection of the consumers of the country the
government of the country has made competition and consumer act, 2010. Through
this act the government of the country is able to fully protect the consumers of the
country at the fullest. The current report is based on the solution where the case of
Betty would be discussed and the rules regarding the consumer protection would be
showcased.

Main body
1. Explain whether Betty is entitled to exercise Australia Consumer Law guarantees
and how long does she have to exercise her rights?
Competition and the consumer act, 2010 is one of the most important acts that is
specified by the government of the country so that they are able to regulate the
activities of the seller in the country. this act covers various rules which includes the
anti-competitive conduct that is done by the organisations in the country. this law
also regulates the way the price of the products are fixed and various other
regulation which includes issues that are related to the warranties and the
guarantees of the products. The act also covers the activities that are related to
returns, refund and guarantees of the product that are considered at the time of
purchase of the products. It is seen that at the time of the completion of the
transaction of the purchase of product the seller guarantees that,
The goods that are sold are of the acceptable nature and quality.
The goods that are purchased would fit for the particular purpose.
The goods would match the description that is specified on the label of the product.
The seller of the goods would consider all the guarantees that are associated with
the product.
The consumer of the goods would have the undisrupted possession of the goods.
Consumer is defined under the competition and consumer act, 2010 as the person
who has acquired the goods for the consideration which is not greater than
$40,000. The goods must be used for personal purpose or may be used by any
other person with the approval of the buyer of the goods. For the purpose of
claiming the refund, reward or guarantee this is considered that buyer has to
provide proof of purchase for this purpose. Here for the purpose of getting refund
Betty has to consider the time frame as for the food products there is time frame
decide under which the claim can be made. Here this is important for the person to
check the date of expiry of the product or the date that is specified by the seller for
the consumption of the product. So, for this purpose it is considered that Betty must
file the claim before the expiry date of the product for getting the refund.
So, in the present case the Betty has the bill that is given by James to her for the
purpose of getting the reimbursement. As per the rules of the competition and

consumer act, 2010 this is considered to be important for the consumer of the
goods to not lose the right until it is seen that they have not changed the mind for
their claim. According to the rule the CCA, 2010 the consumer of the goods does not
have the specific time for claiming refund, repair or replacement of the goods. This
is seen that for the purpose of claiming refund it is not necessary if warrantee that
is specified by the seller has expired. So, this is seen that Betty can apply for the
refund of the goods at any time but before the expiry date for the product got
expired. So, in the present case Betty has the right to claim refund and she can also
get the compensation for the illness that is caused to him due to the wrong
ingredients in the Wine.

2. Provide advice to Betty what are the available remedies that she could apply
under the Australian Consumer Law and what are the possible penalties that
Barossa Valley Mountain Wines Pty Ltd could incur if there is deemed to be a
breach of Australian Consumer Law?
The competition and consumer act, 2010 has numerous tools through the help of
which they are able to protect the rights of the consumers in the country. if there is
a breach in the terms of the contract then this is seen that the consumer can use
the rights that are presented to them by the competition and consumer act, 2010. If
there is defective product that is provided by the seller to the consumer then the
consumer is having the right where they can demand for the remedies that are
specified in the CCA, 2010. The act has various provisions which are related to the
rights and remedies of the consumer of the country. according to this act it is seen
that when the product is purchased by the consumer than they have the automatic
guarantees that are related to it. So, the most prominent remedies that are
provided by the act includes refund, replacement or repair for the defective
products that are provided to the buyer. The remedies that are provided to the
seller is dependent on the type of problem that is related to the product that is
purchased.
The consumer can ask for the remedy that are provided to them according to the
law. some of them includes the,
Refund This is considered as one of the most
demanded remedy by the consumer.
Here the consumer is given the remedy
where he can ask for immediate refund
for the product that is purchased by him.
Through this the consumer is able to get
protection from the exploitation of the
seller of the goods. Hence for the
purpose of claiming the refund the
consumer must have a original receipt of
the product that is purchased by them
from the seller.
Repair of replacement of goods This remedy is provided to the consumer

where he can demand for repair or for
the replacement of the goods if the
goods are not fit for the purpose that
they are used. Here if the goods are of
defective nature than they would be
asked for repair or for replacement. Also,
this is seen that if the goods are not
reparable by seller than the consumer
can ask for the compensation for the
same.
Cancellation of service The consumer has the right where they
can apply for cancellation of the service
if the service that is provided by them is
not up to mark. If there is defect in the
type of service that is provided by the
consumer than they can demand for
cancellation without any extra payment
that is to be made for the same.
Compensation for the loss The consumer has the right where they
can claim for the compensation for the
loss that occurred to them due to
defective product that is provided to
them. if the loss has occurred due to the
use of goods then consumer can ask for
full amount of loss that has occurred to
them.
There are various provisions for penalty that has been provided under the CCA,
2010. This is seen that here seller would be liable for
 A civil penalty that may extend to the amount of $1.1Mn for the corporation
and for individuals this may extend to $220,000.
 Here a subordinate notice can be provided to the seller or notice of public
warning may be provided for the same.

Conclusion
The above report concludes that competition and consumer act, 2010 is considered
to be one of the most prominent acts that helps in protecting the rights of the
consumer and prevent anti-competitive practice by the companies in the country.
here in the case Betty would be liable to claim the refund as this is seen that
product that is provided to her is defective and under the guarantee.

References
Case study
Reckitt Benckiser (Australia) Pty Limited v Procter & Gamble Australia
Pty Limited [2018] FCA 378
Online
Consumer rights and guarantees, 2019. [Online]. Available
at:https://www.accc.gov.au/consumers/consumer-rights-guarantees. [Accessed:
06 September, 2017].
Fines and penalties, 2019. [Online]. Available
at:https://www.accc.gov.au/business/business-rights-protections/fines-penalties.
[Accessed: 06 September, 2017].
Refund and returns, 2019. [Online]. Available at:https://www.sa.gov.au/topics/rights-
and-law/consumer-rights/refunds-and-returns. [Accessed: 06 September, 2017].
Warranties and refund, 2019. [Online]. Available
at:https://www.business.gov.au/products-and-services/fair-trading/warranties-
and-refunds. [Accessed: 06 September, 2017].
Consumer guarantees, 2013. [Online]. Available
at:https://www.accc.gov.au/system/files/Consumer%20Guarantees%20A
%20guide%20for%20consumers_0.pdf. [Accessed: 06 September, 2017].