LAWS1100 Lecture Notes - Lecture 7: Australian Consumer Law, Pyramid Scheme, Consumer Protection
Document Summary
Consumers are seen to be entitled to additional protection under australian law because when dealing with a business they are usually at a disadvantage. Consumer protection legislation seeks to address the fundamental imbalance in bargaining power between business and consumers. The australian consumer law (acl) protects consumers by prohibiting: The acl is administered and enforced by the australian competition and consumer commission (accc) A business must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive: acl s. 18. In establishing a breach of the section, the intention of the business is irrelevant. Three requirements to establish whether or not a person/business has breached s. 18 of the acl: Person has engaged in conduct (makes a statement/claim/promise/perform an action) The conduct was in trade or commerce. A statement that is literally true can still be misleading or deceptive.