Proposed changes to the Australian Consumer Law: Exposure draft released

Off the back of recommendations contained in the 2017 Australian Consumer Law Review Report, an exposure draft of proposed changes to the Australian Consumer Law has been released for public consultation.

The proposed changes include amendment of:

Display Price Requirements

  • section 48(7) to exempt vendors from the requirement to display a single total price that includes all optional fees and charges where: (a) the charge is payable at the option of the consumer; and (b) at, or before the time of the representation, the charge has been deselected or the consumer has not expressly requested that the charge be applied.

Unsolicited Consumer Agreements

  • section 69 to clarify that unsolicited consumer agreements can occur in public places and do not need to be in a place that cannot be entered without the consumer’s consent or invitation.  This is likely to impact street promotions and public marketing campaigns.

Recall Notification Obligations

  • sections 2(1) and 128 by inserting a definition of ‘recall’ to clarify when notification obligations arise for voluntary recalls of consumer goods and greater civil penalties for breach of the recall notification requirements.

While submissions have closed, the draft legislation and regulations can be found at this link.

This blog was co-authored by Valiant Warzecha, Jessie Buchan and Melinda Upton.