Australian Consumer Law: Rights, Remedies, and Penalties

This report provides a comprehensive overview of Australian Consumer Law (ACL), focusing on consumer rights and remedies. It begins by defining the concept of a 'consumer' under ACL, referencing relevant sections of the law. The report then explores consumer rights and remedies under common law, particularly in tort law, with an emphasis on the duty of care. It further delves into the remedies available to consumers under ACL, including pecuniary penalties, injunctions, and specific performance. The report also discusses the penalties incurred by those who breach consumer law, highlighting the importance of proving a breach of duty. Finally, it examines the impact of consumer law in Australia, particularly the role of ACL in protecting consumers and businesses from anti-competitive practices, and the laws influence in mergers and acquisitions. The report concludes by summarizing the equal protection afforded to consumers and the obligations placed on businesses throughout Australia, and includes a list of references.

Australian Consumer Law

Overview
A determination of being a Consumer is an
important issue in this assignment.
 The determination of the rights and remedies of
the consumer under the Common law is
significant.
Remedies of a consumer under the Australian
Consumer Law is required as well.
Penalties that are incurred by a defaulter needs
to be discussed.
Impact of Consumer Law in Australia regarding
the operation

Introduction
Protects the Consumer in Australia
Includes laws relating to:
 unfair contract terms
 consumer guarantee rights
 product safety
 unsolicited consumer
 agreements including door to door and
telephonic sale
 lay by agreements
 remedies and penalties pertaining to dispute

Discussion
whether the consumer law issue is related to
purchase of a goods or a service, both of
which are covered by the Australian
Consumer law.
there are several criteria to meet to become a
‘consumer’.
 This paper discusses the different aspect of
the consumer law along with a reference to
the given case study.

‘Consumer’
Section 3 of the Australian Consumer Law (ACL)
states that a person who have acquired a goods
or a service of more than $40,000 or a greater
amount only if the goods were acquired for
personal or domestic purpose and consumption.
Therefore, it can be applied in the given
scenario that Sally was a consumer for she
had purchased a Myki ticket from public
transport authority for a smooth and hassle-free
travel around Adelaide on public transport like
train, bus and tram

Rights and Remedies of consumer in under Common Law of Tort
It is the right of a person of inferior position to be
protected by a person of superior status. If the
person fails to carry out his duty of care and such
breach of duty e causes damage or injury to such
other person, then the person breaching his duty of
care shall be held responsible for a tort of negligence
In this case Sally can bring charges against the
Public Transport Authority for not taking care of
their duty of care towards the computers who passes
daily through the dug up road.

Remedies of a Consumer under Australian
Consumer Law
According to the Australian consumer law, an
aggrieved party can claim for several remedies
other than a remedy involving payment of
damages only; like pecuniary penalty imposed
upon the seller, injunction, specific performance.
In this case Sally can call for damages or
monetary compensation from the Public
Transport Authority for they were being
negligent to put up a warning before the dug up
road.

Penalties incurred by a defaulter
On establishing the fact that the seller had breached
his duty as a seller towards the consumer, he should
be prosecuted and would be granted certain
penalties that would mark as a sign of sanction for
him. It needs to be proved that the seller had
breached his duty towards the consumer and had
failed him his rights as a consumer.
In the given case Sally can approach the court for
taking an action against the Public Transport
Authority who had failed to carry out their duty as
the authority in charge of the dug up road.

Impact of Consumer Law in Australia
Australian Consumer Law (ACL) being a part of
the Australian Competition and Consumer Act
(CCA) protects the misuse of market power also
along with protecting the consumers. It makes
sure that the businesses a protected by anti
competitive agreements and exclusive dealings.
The law protects the market from Cartels,
thereby ensuring that the business is free from
any malicious activities. The ACL along with the
CCA helps in mergers and acquisitions along
with pointing out to the unfair business conducts
affecting the small businesses.

Conclusion
Therefore, the consumers are protected
equally by ACL throughout Australia while
businesses are vested with the obligations
and duties throughout Australia.

References
Australian Competition and Consumer Commission. (2019). Consumers'
rights & obligations. Retrieved from
https://www.accc.gov.au/business/treating-customers-fairly/consumers-
rights-obligations
Business.gov.au. (2019). Australian Consumer Law and your business.
Retrieved from https://www.business.gov.au/products-and-services/fair-
trading/australian-consumer-law-and-your-business
Consumerlaw.gov.au. (2019). The Australian Consumer Law – Australian
Consumer Law. Retrieved from http://consumerlaw.gov.au/the-australian-
consumer-law/
Corones, S. G. (2011). The Australian Consumer Law. Thomson Reuters
Lawbook Co.
Gray, A. (2013). Contractual penalties in Australian law after Andrews: An
opportunity missed. Deakin L. Rev., 18, 1.
Paterson, J. (2009). The Australian Unfair Contract Terms Law: The Rise
of Substantive Unfairness as a Ground for Review of Standard Form
Consumer Contracts. Melb. UL Rev., 33, 934.
The Australian Competition and Consumer Act 2010
The Australian Consumer Law
Trading, F. (2002). Australian Competition and Consumer Commission.

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