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Aims of Consumer Law (8)

Protecting vulnerable consumers
Educating consumers
Providing remedies and avenues for
Quality Benchmarks
Regulation of contracts
Protection from unsafe goods
Protecting consumers
Creating Standards

Elements of a contract

Intention-offer-acceptance-consideration and assurance that the contract meets legal standards


failure to meet voids contract


failure to meet removes responsibility of one or even many parties.

Statute implied standards

Absence of Duress
Absence of undue influence
Service conducted with reasonable care
merchantable quality
fit for purpose
matches advertised description
is not misleading

Legislation: Credit

National Consumer Credit Protection Act 2009 (NCCP) Cwth
Consumer Credit Act 1995 NSW

Non-Legal Credit responses

Consumer Credit Legal Centre NSW

Legislation: Product Certification

Trade Practices Act 1974 Cwth
Fair Trading Act 1987 NSW
ASIC Act 2001 Cwth
Motor Dealers Act 1974 NSW
Travel Agents 1986

Non-Legal Product Cert. Responses

Watchdog Authority such as the ACCC

Legislation: Marketing Innovation

Spam Act 2003

Non-legal Marketing Innovations Responses

ACMA (Australian Communications and Media Authority)
SCAMwatch (Part of ACCC)

Legislation: Technology

Telecommunications Act 1997 Cwth

Non-Legal Technology

ACMA (Australian Communications and Media Authority)
Internet Industry Association (IIA)

Fair Trade Budget

$173 Million

Majority of Fair trading budget:

Compliance: 68%, $118 million

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