CCAAC Review of Statutory Implied Conditions and Warranties

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Abstract:

The Minister for Competition Policy and Consumer Affairs, the Hon Dr Craig Emerson MP, has released an Issues Paper, Consumer rights: Statutory implied conditions and warranties, on behalf of the Commonwealth Consumer Affairs Advisory Council (CCAAC).

On 12 March 2009, the former Minister for Competition Policy and Consumer Affairs announced a review of the Australian law on implied conditions and warranties (implied terms) by CCAAC.

Under its terms of reference, CCAAC has been asked to examine the existing laws on implied terms in the Trade Practices Act 1974 and state and territory fair trading and goods legislation and, in particular, consider:

• the adequacy of the current laws on implied terms;
• the need for any amendments to the current laws on implied terms and, if so, how those amendments would improve existing laws and better empower regulators to ensure compliance with those laws;
• the need for 'lemon laws' in Australia to protect consumers who purchase goods that repeatedly fail to meet expected standards of performance and quality;
• the existence of extended warranties in the market place and their interaction with laws on implied terms; and
• other means for improving the operation of existing statutory conditions and warranties in Australia.

The Issues Paper explores the adequacy of the current laws on implied terms and the need, if any, for amendments to improve existing laws and to empower regulators to ensure compliance with these laws. The Issues Paper also considers some of the related issues, such as 'lemon laws' to protect consumers where goods repeatedly fail to meet expected standards; the existence of extended warranties and their interaction with laws on implied conditions and warranties; and other possible means to improve the operation of the existing laws on implied terms in Australia.

Making a submission

Interested parties are invited to comment on the paper. While submissions may be lodged electronically, by post or by facsimile, electronic lodgment is preferred. For accessibility reasons, please submit responses sent via email in a Word or RTF format. An additional PDF version may also be submitted.

All information (including name and address details) contained in submissions will be made available to the public on the Treasury website unless you indicate that you would like all or part of your submission to remain in confidence.  Automatically generated confidentiality statements in emails do not suffice for this purpose.  Respondents who would like part of their submission to remain in confidence should provide this information marked as such in a separate attachment.  A request made under the Freedom of Information Act 1982 (Commonwealth) for a submission marked 'confidential' to be made available will be determined in accordance with that Act.

Closing date for submissions: Monday, 24 August 2009

Address written submissions to:
CCAAC Issues Paper
Competition and Consumer Policy Division
The Treasury
Langton Crescent
PARKES  ACT  2600

Email:  CCAAC@treasury.gov.au

For any enquiries about the review, please email CCAAC@treasury.gov.au

Documents Available:

 Acrobat (PDF)

 Microsoft Word (RTF)

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