Parliament of Australia:Senate:Committees:Economics Committee:The need, scope and content of a definition of unconscionable conduct for the purposes of Part IVA of the Trade Practices Act 1974

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The need, scope and content of a definition of unconscionable conduct for the purposes of Part IVA of the Trade Practices Act 1974

3 December 2008

View the report as a single document - (PDF 187KB)

View the report as separate downloadable parts:


Membership of Committee	(PDF 19KB)

Chapter 1 - Introduction	(PDF 18KB)
Background Conduct of the inquiry

Chapter 2 - 'Unconscionable conduct' and the Trade Practices Act	(PDF 31KB)
'Unconscionable conduct' as currently codified in the TPA Case law and section 51AC The legal view of 'unconscionability' The structure of the report

Chapter 3 - The need to broaden the 'unconscionable conduct' provisions	(PDF 58KB)
Options to strengthen 'unconscionable conduct' provisions in the TPA Conclusion

Chapter 4 - Arguments against amending section 51AC	(PDF 35KB)
If it ain't broke… Legal concerns with amending section 51AC Judicial caution Conclusion

Chapter 5 - The committee's view	(PDF 64KB)
The need to amend section 51AC of the TPA A definition of 'unconscionable conduct' Procedural disadvantage and the setting of unconscionable conduct Examples of unconscionable conduct: setting the threshold Establishing an industry dialogue on standard setting Principles of 'unconscionable conduct' 'Good faith' Bullying, intimidation, physical force coercion and undue harassment Actions, intentions and outcomes Remedies Conclusion

Additional comments by Coalition Senators and Senator Nick Xenophon	(PDF 30KB)
Need for statutory definition of unconscionable conduct Need for statutory list of examples that constitute unconscionable conduct Need for a prohibition against Bullying, intimidation, physical force coercion undue harassment Need for statutory definition of statutory duty of good faith Need for legislative framework to deal with unfair contract terms in business business relationships involving small businesses

Appendix 1	(PDF 13KB)
Submissions Received Additional Information

Appendix 2	(PDF 13KB)
Public Hearings and Witnesses

For further information, contact:

Committee Secretary
Senate Standing Committee on Economics
PO Box 6100
Parliament House
Canberra ACT 2600
Australia

Phone: +61 2 6277 3540

Fax: +61 2 6277 5719

Email: economics.sen@aph.gov.au