covid19-law.com.au
2. Commercial
C. Competition & Consumer
i. Legislation
Commonwealth:
Made under National Consumer Credit Protection Act 2009 (Cth):
New South Wales:
Fair Trading Act 1987 (NSW), amended by the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (NSW): specifies which pecuniary penalties in the Australian Consumer Law apply to a contravention of proposed ss 47A and 47B of the Fair Trading Act 1987 (NSW) that are to be inserted by Schedule 1.1[3] of the Fair Trading Legislation Amendment (Reform) Act 2018. Proposed s 47A requires a supplier, before supplying a consumer with goods or services, to take reasonable steps to ensure the consumer is aware of any term or condition relating to the supply that may substantially prejudice the consumer’s interests. Proposed s 47B applies to an intermediary who, under an arrangement that provides for the intermediary to receive a financial incentive, arranges contracts for the supply of goods or services as an agent or refers consumers to another supplier of goods and services. The intermediary is required, before acting under the arrangement, to take reasonable steps to ensure the consumer who will be supplied with the goods or services to which the financial incentive relates is aware of the arrangement.
Fair Trading Legislation Amendment (Reform) Act 2018 (NSW) amended by the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (NSW): provide for the commencement of amendments to the Home Building Act 1989 (NSW) and the Surveying and Spatial Information Act 2002 (NSW) relating to--
ii. Case law
This is an area of substantive law that is very likely to result in case law. As of the last update, we are not aware of any relevant decision of a superior court in this area.
iii. Further resources
C. Competition & Consumer
i. Legislation
Commonwealth:
Made under National Consumer Credit Protection Act 2009 (Cth):
- National Consumer Credit Protection Regulations 2010, amended by:
- National Consumer Credit Protection Amendment (Coronavirus Economic Response Package) Regulations 2020: to temporarily exempt licensees from certain responsible lending obligations. The exemption operates in limited situations where a consumer seeks credit or goods under a consumer lease for purposes that include a purpose of a small business operated by the consumer. The exemption is temporary and applies for a period of six months only.
New South Wales:
Fair Trading Act 1987 (NSW), amended by the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (NSW): specifies which pecuniary penalties in the Australian Consumer Law apply to a contravention of proposed ss 47A and 47B of the Fair Trading Act 1987 (NSW) that are to be inserted by Schedule 1.1[3] of the Fair Trading Legislation Amendment (Reform) Act 2018. Proposed s 47A requires a supplier, before supplying a consumer with goods or services, to take reasonable steps to ensure the consumer is aware of any term or condition relating to the supply that may substantially prejudice the consumer’s interests. Proposed s 47B applies to an intermediary who, under an arrangement that provides for the intermediary to receive a financial incentive, arranges contracts for the supply of goods or services as an agent or refers consumers to another supplier of goods and services. The intermediary is required, before acting under the arrangement, to take reasonable steps to ensure the consumer who will be supplied with the goods or services to which the financial incentive relates is aware of the arrangement.
Fair Trading Legislation Amendment (Reform) Act 2018 (NSW) amended by the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Act 2020 (NSW): provide for the commencement of amendments to the Home Building Act 1989 (NSW) and the Surveying and Spatial Information Act 2002 (NSW) relating to--
- the terms of authorities, licences, registrations and certificates (the relevant authorities), and the periods within which the relevant authorities may be restored, under those Acts to commence on a day or days to be appointed by proclamation to enable the registration system to be updated to facilitate the new terms, and
- the amount of the fee that must accompany an application for the continuation of particular relevant authorities.
ii. Case law
This is an area of substantive law that is very likely to result in case law. As of the last update, we are not aware of any relevant decision of a superior court in this area.
iii. Further resources
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