Competition And Consumer Act 2010 Qld Pdf
File Name: competition and consumer act 2010 qld .zip
The Australian Consumer Law is the largest overhaul of Australia's consumer laws in 25 years. It will introduce a single, national consumer law that will apply consistently in all Australian jurisdictions. Today, I will talk about the development of the Australian Consumer Law, explain what the Law will include and how it is being implemented.
- Consumer credit, debt and insurance
- LAW312 Competition and Consumer Law - University of the Sunshine Coast, Queensland, Australia
- Applying an Effects Test under s 46 of the Competition and Consumer Act
- Fair Trading Act 1989
Community Legal Centres Queensland believes that there is a need for transparency in dealings with consumers in the areas of credit and insurance in order that they are not put at risk of falling into debt or lacking appropriate cover. Community Legal Centres Queensland supports the Competition and Consumer Act Commonwealth and the Fair Trading Act Queensland to the extent that these acts support consumer rights in dealings with credit, debt and insurance.
Consumer credit, debt and insurance
The laws and codes that will apply to a prize promotion will depend on where the Prize Promotion is advertised and made available to entrants. If a Prize Promotion is to be advertised nationally, the promoter will need to ensure compliance with the laws and codes in each State and Territory. A promoter may be required to obtain permits in more than one State or Territory.
The laws and codes apply where a prize promotion is advertised to, or entry is otherwise available to, persons located in the relevant state or territory, regardless of where the promoter is based. Given the significant challenges in enforcing penalties against foreign entities, whether the laws and codes are likely to be enforced by the regulators against a foreign promoter is likely to turn on the structure of the promoter, whether the promoter operates in a highly scrutinized industry and the severity of the non-compliance and penalty.
Breaches of the laws and code are more likely to be enforced where the foreign promoter has Australian operations or assets, the promoter is in a highly regulated industry e.
In the ACT, the foreign entity must also have an address in Australia. Additionally, for those states and territories that require entities to obtain a permit, their terms and conditions will be subject to the discretion of the relevant regulatory body. Under s. To avoid this, the conditions of the promotion must be prepared prior to the commencement of the competition and be clearly displayed for all participants to see during the course of the event. The promotion must then be conducted in accordance with those conditions.
When the determination of the prize winner involves skill only i. In this context, 'skill' means any competition that involves a decision or input by the participant, such as guessing a sound or number or weight, submitting a description of an item or activity or describing or stating reasons for liking something.
Skill may also include any event or competition that is judged by people qualified in a field relevant to the event or competition. A permit is not required for a game of skill whereby the winners are determined by qualified or expert judges, the decision is judged against set criteria and there is no element of chance involved. A permit is not required if the promotion involves a game of skill which has no element of chance. If, however, there is any random element to the prize draw even where an entrant has answered a game of skill question first, but a winner is then drawn from all correct entries a permit is required.
A game of skill with no element of chance is not regulated and therefore the Gambling Regulation Act VIC would not apply. A game of skill with no element of chance is not regulated and therefore the Gaming and Wagering Commission Act WA would not apply. Trade promotions that involve an element of chance are permitted in all States and Territories of Australia. See below for specific requirements. A permit is required if the promotion involves distribution of prizes determined by any means that includes an element of chance or a mixture of skill and chance, and entry must be free.
A permit is not required if the only prizes offered are rebates or discounts off goods sold by the business holding the promotion and the promotion is open to all customers of that business i. Entry must be free. Accordingly, entry into the trade promotion lottery cannot be gained by participants providing anything that has intrinsic value. For example, participants cannot redeem loyalty or reward points for entry into a trade promotion lottery. However, a trade promotion lottery for which entry is gained by purchasing goods or services at their normal retail value for example, where proof of purchase is required is still allowed.
An entrant or other person must not be required to call or message a telephone service on more than one occasion to provide personal information or particulars, or to answer questions, or for any other reason in order to obtain a right to a valid entry into the proposed trade promotion lottery.
Please note it is inappropriate for business directors, management and employees, their immediate families, their retailers, suppliers, associated companies and agencies to participate in a game of chance conducted for their own business —unless the lottery is specifically conducted as an 'in house' lottery for example among sales staff.
Only members and guests of a registered club should participate in a lottery aimed at promoting the business of the club. Additionally, the Northern Territory recognizes permits issued by other Australian states and territories. If the promoter holds a current permit to run the promotion in New South Wales for example, it will not need to obtain a Northern Territory permit. No employees of the business or family members of those employees may participate in the trade promotion lottery.
No permit is required but the promotion must comply with certain requirements if it is a game of chance. However, if making a purchase is necessary to enter a trade promotion, the following conditions apply:. No permit or approval is required. Terms and conditions should be available at the place of entry and to all members.
The conditions of entry only require the member to be present at the draw if the entry and draw are to occur on the same day. If a member enters the draw through buying goods or services throughout the week, then the member does not need to be present at the time of the members' draw. A permit is not required if the trade promotion lottery complies with the terms and conditions of the blanket permit published on the Department of Racing, Gaming and Liquor's website see here.
Otherwise a permit will need to be obtained to be able to vary these terms and conditions. There are slightly different requirements in different States and Territories. We have considered these different requirements for each State and Territory and prepared below a high watermark list of the requirements. There are also a small number of requirements which are specific to certain States and Territories and these follow at the end of the common high watermark requirements.
The draw must occur within 12 months of the issue date of the permit unless approval has been provided by the relevant authority. The determination of the winner must be undertaken in a transparent manner with each participant having an equal chance of winning the competition. If more than one prize is being determined at a draw, the major prize must be drawn first unless winning entries of lesser prizes are eligible to be redrawn.
Winning must not be contingent on the participant being present at the drawing of the lottery except for lucky-badge draws. It is acceptable to offer bonus prizes if the winner is present as long as the bonus prize does not exceed the value of the base or initial prize. Where a computerized system is used to decide the winners of prizes including a device used in connection with a telephone service, an SMS telephone facility, an MMS telephone facility or the Internet the permit holder must obtain two reports:.
For trade promotion lotteries involving instant win prizes, additional conditions are required to be met, including printing and lodging requirements.
The results must be available within 7 days of the determination of the prize winners, if requested. If, despite every reasonable effort, a prize-winner cannot be contacted, the prize must be retained for 3 months after the draw. At the end of 3 months, if the prize remains unclaimed, the promoter should write to the relevant authority body requesting approval for a redraw. However, if a prize is perishable for example, a meat tray , the prize may be sold or otherwise disposed of in a way that the entity considers will bring a reasonable price.
The money realized after deducting the reasonable costs of sale or disposal must be held in trust by the entity or the organization for the winner of the unclaimed prize. All winners must be notified directly, by written means email, mail, fax or SMS within 21 days of the results. The method, date, time and place of the redraw must be stated in the terms and conditions of the lottery. Prizes unclaimed for more than 3 months after the date of the draw must be surrendered to the Director of Licensing.
If a prize is an antique, a gem, memorabilia or a work of art the prize winner must be given a current written market valuation from an appropriate valuer for the antique, gem, memorabilia or work of art. If a prize is a second hand motor vehicle, the prize winner must be given the following documents for the motor vehicle:.
If a prize is a thing, other than a motor vehicle, that is second hand, the prize winner must be given a current written market valuation from an appropriate valuer for the prize.
If the prize is not claimed within one year the eligible association may apply the prize or its sale proceeds to the association's purposes. A participant cannot be restricted to winning only one prize if they are permitted to submit multiple entries. The participants in a trade promotion lottery cannot be required to be present at the drawing of a trade promotion lottery in order to win a prize. Therefore, a prize cannot 'jackpot' if the winner is not present or a redraw conducted because the winner is not present.
If a prize is not delivered to its winner at the time the lottery is drawn, the winner must, within 14 days of the draw, be notified in writing of the prize he or she has won and the particulars of how the prize is to be delivered or collected. Under the Regulations, a minor trade promotion lottery must not be drawn electronically unless the system has been approved by the Minister.
There must be no cost of entry, though it may be a condition of entry that goods or services must first be purchased in order to participate. If making a purchase is necessary to enter a trade promotion:. If in doubt as to whether the amount charged exceeds the market price, details may be submitted to the Department for determination. If it is determined that the amount being charged exceeds the market price of the goods or services, the scheme would be deemed a lottery and would be unlawful.
A prize may only be substituted if the substituted prize is of the same or greater value than the original prize and the winner either agrees in writing, or the original prize is unavailable due to circumstances beyond the control of the person conducting the trade promotion lottery and reasonable attempts are made to reach agreement with the winner that are unsuccessful.
Where not practicable, audit records confirming the prize draw must be made available to an authorised officer of the Gaming and Wagering Commission or a Police Officer upon request. All advertising must provide a description of the prizes and must contain the terms of the lottery or direct contestants to where the terms can be found.
However, for the ACT and NSW, skill competitions may include judges who are qualified in a field relevant to the event or competition but this is not obligatory. As a general rule, prizes awarded must be as described in their marketing communications, pursuant to Australian Consumer Law otherwise the business could be found guilty of deceptive and misleading conduct.
In general, if a prize involves travel, all relevant information must be included in the terms of entry eg destination, class of travel, name of accommodation, duration etc. Where participants are under the age of 18 years, an application must not include any unlawful or inappropriate prizes eg liquor products, tobacco products or dangerous goods, will not be approved. The below list includes prohibited prizes in all States and Territories except for Tasmania additional prohibitions specific to each state and territory are listed below.
Where a lottery is being conducted on the premises of a hotel excluding general bar licenses , registered club or a casino, it is a condition of a permit that cash prizes cannot be awarded between pm and am the next day.
The full prize amount can be paid in this manner, if desired. It is not prohibited for participants to purchase liquor to enter the lottery or to be given by the trader as a prize in the lottery. The fee to apply for a trade permit will depend on the prize value. A permit must be obtained from the Office of Liquor, Gaming and Racing. These are the fees as at 21 December and are subject to change. No fee is required to obtain the permit.
A permit is not required but the promotion must comply with the WA blanket permit conditions see here. For multiple lottery permits, the types of contests, promotions, prize giveaways, etc. For States and Territories which require permits, including New South Wales, Western Australia, Northern Territory and the Australian Capital Territory, weeks should be allowed from the finalization of terms and conditions to commencement of promotion since the permit approval process can take up to a few weeks.
The ACL applies nationally and in all States and Territories, promoting fair trading and the protection of consumer rights and interests. The three key elements of the ACL are:. If a term is found to be unfair, it is void and unenforceable. The maximum pecuniary penalty which can be awarded is currently the larger of:.
The Privacy Commissioner is responsible for the enforcement of the Privacy Act and will investigate an act or practice if the act or practice may be an interference with the privacy of an individual and a complaint about the act or practice has been made. Generally, the Privacy Commissioner prefers mediated outcomes between the complainant and the relevant organization. Importantly, where the Privacy Commissioner undertakes an investigation of a complaint which is not settled, it is required to ensure that the results of that investigation are publicly available.
Currently, this is undertaken by disclosure through the Office of the Australian Information Commissioner website of the entire investigation report. The Privacy Commissioner may also investigate any 'interferences with the privacy of an individual' i.
LAW312 Competition and Consumer Law - University of the Sunshine Coast, Queensland, Australia
The laws and codes that will apply to a prize promotion will depend on where the Prize Promotion is advertised and made available to entrants. If a Prize Promotion is to be advertised nationally, the promoter will need to ensure compliance with the laws and codes in each State and Territory. A promoter may be required to obtain permits in more than one State or Territory. The laws and codes apply where a prize promotion is advertised to, or entry is otherwise available to, persons located in the relevant state or territory, regardless of where the promoter is based. Given the significant challenges in enforcing penalties against foreign entities, whether the laws and codes are likely to be enforced by the regulators against a foreign promoter is likely to turn on the structure of the promoter, whether the promoter operates in a highly scrutinized industry and the severity of the non-compliance and penalty. Breaches of the laws and code are more likely to be enforced where the foreign promoter has Australian operations or assets, the promoter is in a highly regulated industry e.
Coronavirus information : Find out about workplace entitlements and obligations during coronavirus. We have information about the end of the JobKeeper scheme , COVID vaccinations and the workplace , pay and leave during coronavirus , health and safety in the workplace and more. The Bill is currently before Parliament and is not yet law. They provide a safety net of minimum entitlements, enable flexible working arrangements and fairness at work and prevent discrimination against employees. Visit T he Fair Work system page for more information about the system. Before this, workplace laws were set and administered by most individual states. States kept their workplace relations powers over state and local government employees.
Applying an Effects Test under s 46 of the Competition and Consumer Act
Competition and Consumer Act Application of Act to Commonwealth and Commonwealth authorities 2B. Competition regulator sues port operator over alleged misuse of market power.
An Act to make provision with respect to certain unfair or undesirable trade practices, to regulate the supply of goods and services, to provide for a commissioner for fair trading and for related purposes Long title amd No. Part 1 Preliminary. Part 2 Commissioner for fair trading. Part 3 The Australian Consumer Law.
These and other guides are designed to explain the ACL in simple language, but are not a substitute for the legislation. They provide general information and examples and do not constitute legal advice or a definitive list of situations where the law applies. Chapter 1 — Introduction: a single set of definitions and interpretive provisions about consumer law concepts, including a definition of 'consumer'. Chapter 2 — General protections: general protections, which create standards of business conduct in the market, including:. Chapter 3 — Specific protections: specific protections which address identified forms of business conduct, including provisions:.
Fair Trading Act 1989
The Competition and Consumer Act which replaced the Trade Practices Act on 1 January aims to give businesses a fair and competitive operating environment. It covers anti-competitive conduct, price fixing, unconscionable conduct and other issues, such as advertising. The Act also sets out consumers' rights and responsibilities. It covers areas such as returns, refunds, warranties, contracts, marketing and advertising.
Это была вынужденная мера. Фонтейн почти во всем полагался на Стратмора и верил в его план, в том числе и в достойную сожаления, но неизбежную необходимость устранять Энсея Танкадо и в переделку Цифровой крепости, - все это было правильно. Но одно не давало Фонтейну покоя - то, что Стратмор решил прибегнуть к услугам Халохота. Тот, конечно, был мастером своего дела, но наемник остается наемником. Можно ли ему доверять.
Вы хотите сказать, что Танкадо не искал глазами Халохота. - Да, сэр. У нас все это записано на пленку, и если вы хотите… - Исчезает фильтр Х-одиннадцать! - послышался возглас техника. - Червь преодолел уже половину пути. - Забудьте про пленку, - сказал Бринкерхофф.
Подъехал полицейский на мотоцикле. Женщина, наклонившаяся над умирающим, очевидно, услышала полицейскую сирену: она нервно оглянулась и потянула тучного господина за рукав, как бы торопя. Оба поспешили уйти. Камера снова показала Танкадо, его руку, упавшую на бездыханную грудь. Кольца на пальце уже не .
Других слов для него у нее не .
Сьюзан отчаянно пыталась встретиться взглядом со Стратмором. Коммандер. Северная Дакота - это Хейл. Но Стратмор смотрел на молодого сотрудника лаборатории систем безопасности. Коммандер спускался по лестнице, ни на мгновение не сводя с него глаз.
Времени на сборы ему не дали, да какая разница: ему же обещали, что путешествие будет недолгим - туда и обратно. Двигатели снизили обороты, и самолет с залитого солнцем летного поля въехал в пустой ангар напротив главного терминала. Вскоре появился пилот и открыл люк. Беккер быстро допил остатки клюквенного сока, поставил стакан на мокрую столешницу и надел пиджак.
Гиральду. Беккер кивнул.
Он в последний раз бросил взгляд на труп на алюминиевой столешнице. Покойный лежал на спине, лицом вверх, освещаемый лампами дневного света, вроде бы ничего не скрывая. Беккер непроизвольно снова и снова вглядывался в его странно деформированные руки. Он присмотрелся внимательнее.
Мидж, он же заместитель директора, - застонал Бринкерхофф. - Я уверен, у него все под контролем. Давай не… - Перестань, Чед, не будь ребенком. Мы выполняем свою работу.
Ему все время казалось, что Беккер совсем рядом, за углом. Одним глазом он следил за тенью, другим - за ступенями под ногами. Вдруг Халохоту показалось, что тень Беккера как бы споткнулась. Она совершила судорожный рывок влево и вроде бы закружилась в воздухе, а затем снова прильнула к центру лестницы. Халохот сделал стремительный прыжок.
Вы говорите, что находитесь в центре, верно. Вы знаете отель Альфонсо Тринадцатый. Один из лучших в городе.