First Principles of Business Law

The regulation of undesirable business practices

1. Regulating business practices

1.2. The framework of the Australian Consumer Law

 

 

 

The main provisions of the ACL are divided into five chapters. A brief description of each chapter gives an overview of the ACL.

Chapter 1  

The application provisions of the ACL and a comprehensive list of definitions.

Chapter 2

'General protections' which set standards of behaviour in trade or commerce. The provisions prohibit misleading or deceptive conduct; unconscionable conduct and the inclusion of unfair terms in contracts.

Chapter 3

'Specific protections', which protect consumers by: prohibiting particular practices which are considered unfair; providing guarantees in consumer transactions; and dealing with safety issues.

Chapter 4

Enforcement provisions making it a criminal offence to contravene specified provisions of the ACL, punishable by means of fines.

Chapter 5

Further enforcement provisions including non-criminal penalties for specified contraventions and a wide range of private remedies.

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