COAG Consultation Regulation Impact Statement – Legislative and Governance Forum on Consumer Affairs
On 9 March 2018, the Australian Government Department of the Treasury released a Consultation Regulation Impact Statement (RIS) on behalf of Consumer Affairs Australia and New Zealand. The RIS explores possible options to amend the consumer guarantees within the Australian Consumer Law (ACL).
The ACL consumer guarantees regime provides a broad, principles-based system of consumer protections and remedies for consumers in relation to defective goods and services. A review of the ACL identified the consumer guarantees had generally been effective, but there were some ongoing difficulties with the operation of the provisions.
Amendments are proposed covering the following matters:
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The threshold in the definition of ‘consumer’.
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Remedies available for certain instances of failure to meet the consumer guarantees.
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Disclosure requirements for extended warranties.
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Access to consumer guarantees for goods sold at auctions.
The RIS prepared by the Department of the Treasury has been approved by the Office of Best Practice Regulation under Council of Australian Governments RIS requirements.
The Treasury is seeking public feedback on the proposals. The consultation period closes on 23 April 2018.