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

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)

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)

Design of the Australian Consumer Law
Core terms and grey list
Matters to which a court must have regard
Consumer definition
Business-to-business contracts
Business’ concerns
Safe harbours
Financial services

Senator Bushby's Additional Comments (PDF 27KB)

Specific Issues

Minority Report by Senator Xenophon (PDF 36KB)

Provision of 'Safe Harbours' and the removal of exemption for insurance contracts
Courts' consideration of 'detriment' and 'transparency'
Unfair Terms
Exclusion of small businesses

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

Phone: +61 2 6277 3540
Fax: +61 2 6277 5719