Trade Practices Amendment (Australian Consumer Law) Bill 2009 [Provisions]

7 September 2009

© Commonwealth of Australia 2009
ISBN 978-1-74229-146-8

View the report as a single document - (PDF 559KB)

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View the report as separate downloadable parts:

Membership of Committee	(PDF 10KB)
Chapter 1 - Introduction	(PDF 32KB)
The bill The Australian Consumer Law Unfair contract laws in other jurisdictions Conduct of the inquiry Structure of the report
Chapter 2 - The consultative process	(PDF 39KB)
Chapter 3 - The need for a national consumer law	(PDF 38KB)
Rationale for the bill Broad views on the bill
Chapter 4 - Defining 'unfair' contract terms	(PDF 67KB)
Void and unfair terms The bill's presumptions Standard form contracts Examples of unfair terms 'Unconscionable conduct' and 'unfair contract terms'
Chapter 5 - The scope of the bill: business-to-consumer unfair contract terms	(PDF 48KB)
The scope of the bill What is a consumer contract? Committee view
Chapter 6 - The issues of 'detriment' and 'transparency'	(PDF 40KB)
Factors that the court must take into account Detriment (financial or otherwise), or a substantial likelihood of detriment The issue of transparency The contract as a whole Safeguards and safe harbours Committee view
Chapter 7 - Prohibited contract terms and contract terms exempt from the bill's provisions	(PDF 44KB)
Prohibited contract terms Contract terms that are exempt from the bill's provisions
Chapter 8 - The exclusion of insurance contracts	(PDF 49KB)
Chapter 9 - Enforcement provisions and remedies	(PDF 67KB)
Enforcement and remedies—Schedule 2 of the bill Application of the Australian Consumer Law
Chapter 10 - Committee's view and recommendations	(PDF 27KB)
The issue of uncertainty The insurance contract exemption The commencement date of the legislation
Coalition Senators' Additional Comments	(PDF 27KB)
Introduction Design of the Australian Consumer Law Core terms and grey list Matters to which a court must have regard Presumptions Consumer definition Business-to-business contracts Business’ concerns Safe harbours Insurance Financial services Enforcement Conclusion
Senator Bushby's Additional Comments	(PDF 27KB)
Introduction Specific Issues Conclusion
Minority Report by Senator Xenophon	(PDF 36KB)
Introduction Background Provision of 'Safe Harbours' and the removal of exemption for insurance contracts Courts' consideration of 'detriment' and 'transparency' Unfair Terms Exclusion of small businesses Conclusion
Appendix 1 - Submissions Received	(PDF 23KB)
Appendix 2 - Public Hearings and Witnesses	(PDF 14KB)

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