Consumer rights Reforming statutory implied conditions and warranties



Yüklə 1,66 Mb.
səhifə1/44
tarix11.08.2018
ölçüsü1,66 Mb.
#69194
  1   2   3   4   5   6   7   8   9   ...   44

Consumer rights

Reforming statutory implied conditions and warranties


Final report

October 2009

Commonwealth of Australia 2009

ISBN 978 0 642 74534 7

This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth. Requests and enquiries concerning reproduction and rights should be addressed to the:

Commonwealth Copyright Administration

Attorney General’s Department

3 5 National Circuit

BARTON ACT 2600

Or posted at:

http://www.ag.gov.au/cca

30 October 2009

The Hon Dr Craig Emerson MP


Minister for Competition Policy and Consumer Affairs
Parliament House
CANBERRA ACT 2600

Dear Minister

On 12 March 2009 the former Minister for Competition Policy and Consumer Affairs, the Hon Chris Bowen MP, requested that the Commonwealth Consumer Affairs Advisory Council (CCAAC) undertake a review of statutory implied conditions and warranties as part of the broader Australian Consumer Law reforms. As part of this process, CCAAC has examined the existing laws on implied conditions and warranties in the Trade Practices Act 1974 and state and territory fair trading and sale of goods laws.

The findings of the report have been drawn from extensive consultation and research undertaken by CCAAC. CCAAC commissioned research from Sparke Helmore to inform the review, and this work, combined with a study undertaken by the National Education and Information Advisory Taskforce, has provided further information and assistance to the review process. Additionally, CCAAC acknowledges the considerable contribution that Consumer Affairs Victoria has made to research in this field.

Clarity and awareness of the law, combined with clear and effective methods for redress, are fundamental attributes in the law, and have been identified as being imperative in addressing the issues faced by consumers, retailers and manufacturers. Information about the type of warranties and remedies available to consumers when they experience product failure is crucial in promoting wellbeing and empowering consumers in today’s environment. This report considers how these issues can be addressed to protect and enhance the wellbeing of consumers now and into the future.

I offer my thanks to and acknowledge the expertise and commitment of the CCAAC Subgroup in compiling this report. The Subgroup was led by Professor Stephen Corones and assisted by Ms Deborah Healey, Mr Ray Steinwall and Ms Carolyn Bond, along with contributions from our other colleagues. I also thank those who provided submissions to CCAAC.

I am pleased to enclose a copy of CCAAC’s final report.

Yours sincerely





Colin Neave
Chairman, Commonwealth Consumer Affairs Advisory Council

Table of contents



Glossary 6

Findings 7

Reforming the law (Chapter 5) 7

Enhancing awareness (Chapter 6) 9

Enforcement and dispute resolution (Chapter 7) 9

Extended warranties (Chapter 8) 11

Dealing with motor vehicle issues (Chapter 9) 11

Online sales (Chapter 10) 12

Liability limitations (Chapter 11) 12

Auctions (Chapter 11) 12

1 Consumers in a changing marketplace 13

Context of the review 13

Purpose 13

The current environment 14

Types of warranties 14

Challenges and catalysts for change 15

Structure of the report 18

2 Commonwealth legislation 20

Application of Divisions 2 and 2A 20

Existing implied terms and statutory rights 22

3 State and territory legislation 27

Implied terms 27

Manufacturers’ liability 30

Application 30

Excludability 32

Remedies 33



Part II — Problems with current arrangements 36

5 Clarity in legislation 37

Problem of lack of clarity in legislation 37

Clarity in terms 39

Clarity in scope 47

Clarity in remedies 50

6 Awareness of the law 57

The problem of lack of awareness 57

Support for consumers 58

Consumer detriment 59

Alternative options for addressing the problem 60

7 Difficulty in enforcement 63

Existing remedies for implied terms 63

Alternative remedies 64

Barriers to enforcement 65

Alternative enforcement mechanisms 65

Access to remedies 70



Part III — Other issues 74

8 Extended warranties and consumer choice 75

Nature of extended warranties 75

Existing Commonwealth legislation 76

Consumers and extended warranties 77

Overseas models 79

The changing consumer environment 81



9 Lemon laws 84

Identifying lemons 84

Motor vehicle lemon laws 87

Adequacy of the generic law 88

A lemon law for Australia? 90

10 The online environment 92

Online sales 92

Existing regulation 93

Purchasing online 94

Overseas models 95

Online auctions 98

Online consumer protection 99

11 Exclusions and limitations 101

Limitation for recreational services 101

Optional limitation of liability 106

Specific industries 107

Auctions 108

12 Conclusion 112

References 114

Appendices 119

Context 120

Background 120

Scope of study 121

Key considerations 121

D Submission summary key 125

New Zealand 138

United Kingdom 142

European Union 144

United States 146

Canada 147

South Africa 149




Yüklə 1,66 Mb.

Dostları ilə paylaş:
  1   2   3   4   5   6   7   8   9   ...   44




Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©muhaz.org 2024
rəhbərliyinə müraciət

gir | qeydiyyatdan keç
    Ana səhifə


yükləyin