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Unformatted text preview: 1 BUSINESS AND THE LAW Consumer protection and the Trade Practices Act 1974 (Cth) WEEK 9 LEGT 1710: Session 2, 2010 Lecturer: Leela Cejnar 2 The Trade Practices Act 1974 • Next 2 lectures (weeks 9 and 10) • Consumer provisions: week 9 • Competition provisions: week 10 3 Consumer Protection • Trade practices and unfair practices • s 51AA- s 51AC: unconscionable conduct • s 52: misleading or deceptive conducts • s 53: false representations • Defences under the Trade Practices Act • Remedies under the Trade Practices Act • Implied conditions/warranties for sellers and manufacturers 4 Sale of Goods/Product Liability Please note – in this unit we are NOT DEALING with: • Sale of Goods • Product Liability Therefore the following pages in Latimer are NOT RELEVANT: • pp 494 to 496 • pp 498 to 539 • pp 548 to to 555 5 Overview On completion of this week in you should be able to: ü Explain who may be caught under the Trade Practices Act 1974 (Cth) ü Explain who a consumer is: s 4B, Trade Practices Act 1974 ü Explain what is ‘unconscionable conduct’ within the meaning of the Trade Practices Act 1974 ü Explain what is meant by ‘misleading or deceptive conduct’ in s 52, Trade Practices Act and identify different types of conduct that might be misleading or deceptive ü Identify the different types of false representations set out in s 53, Trade Practices Act 1974 ü Identify defences available under s 85 for breaches of the consumer protection provisions of the Trade Practices Act 1974 ü Suggest possible remedies for breaches of the consumer protection provisions of the Trade Practices Act 1974 ü Identify the non-excludable implied conditions and warranties applicable to consumer contracts ü Identify a manufacturer’s statutory obligations under the Trade Practices Act 1974 6 Trade Practices Act 1974 (Cth) • The Trade Practices Act (‘TPA’) is a federal/Commonwealth statute that: – Regulates ‘RESTRICTIVE TRADE’ practices to produce greater competition and efficiency in the market for the benefit of consumers; and – Protects the interests of consumers of goods, services and land against ‘UNFAIR PRACTICES’ 7 Trade Practices Act 1974 (Cth) The consumer protection provisions contained in the Trade Practices Act 1974 has far-reaching consequences on the activities of consumers and businesses. 8 Trade Practices Act 1974 (Cth) Constitutional basis • s 51(xx) of the Constitution: the corporations power, allowing regulation of foreign, trading or financial corporations. – BUT the conduct of persons other than corporations may be caught: see s 6(2), Trade Practices Act. – Corporations or persons doing interstate trade or business, using the phone, post or email will also be captured: see s 6(3), Trade Practices Act....
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- Two '10
- Latimer, Australian Competition and Consumer Commission, false representations, Trade Practices Act