Consumer Protection Law in Australia

Australian household consumption is an important part of the economy. With an increasing range of goods and services, and the growth of online shopping, consumers are faced with complex purchasing decisions. Effective and fair regulation of the marketplace is a continuing challenge for government to ensure that consumers are treated fairly by businesses, are kept safe from harmful products and have a remedy when things go wrong.

The Competition and Consumer Act 2010 (Cth) ('CCA') commenced on 1 January 2011, and replaced the Trade Practices Act 1974 (Cth). The Australian Consumer Law (ACL) is Schedule 2 to the CCA. The ACL retains many of the important features of the Trade Practices Act.

The Australian Competition and Consumer Commission (ACCC) is the national consumer regulator, responsible for ensuring that Australian businesses comply with their obligations under the CCA. Each state and territory in Australia has its own fair trading body to assist individuals and to regulate local businesses.

In South Australia, the agency responsible for fair trading is Consumer and Business Services (CBS).

The Fair Trading Act 1987 (SA) incorporates the ACL as a law of South Australia. Section 5 states that there shall be a Commissioner for Consumer Affairs. Section 8 sets out the functions of the Commissioner for Consumer Affairs, including research, education and advice for consumers.

Other provisions of the Act govern the establishment of industry codes of conduct and the available penalties for breach of a code, the remedies available to the Commissioner against traders and the powers of authorised officers. The Act also sets out the rules for ticket resales in South Australia.

Resources for Consumers

Guides and summaries of the law to assist consumers and business to understand their rights are available on the ACCC website. Other resources and guides on specific areas of consumer law are available on the Australian Consumer Law website.