WA How Much Australian Consumer Law is Actual Law?

[jet666]

Hi All
Can you tell me how much of Australian Consumer Law is actual law i.e.: WA Department of Commerce or what power they have? Thanks.

 

[Michael T]

Hi @jet666
The full text of the Australian Consumer Law (ACL) is set out in Schedule 2 of the Competition and Consumer Act 2010 which is legislation (i.e, actual law). See the "Legislation" page of the Australian Consumer Law site.

 

[Sarah J]

I agree with Michael. The whole of the ACL is law by virtue of the Competition and Consumer Act 2010 (CCA). Schedules to the CCA (or any other piece of legislation) is part of the legislation and incorporated into law by virtue of provisions in the legislation that expressly refer to the schedule(s). Any governing body that is created under legislation (head legislation) or in the schedule is also a legitimate body with powers limited by the head legislation. Such body will then be able to make by-laws, rules, regulations, policies, procedures etc. which are also binding by virtue of the provision contained in the head legislation that gives them power to do so. However, the body will not be able to act outside of such powers. If they do, administrative law makes such decisions invalid.

A good example of this is local councils. Local councils are able to make by-laws and decisions under these by-laws by virtue of head legislation that vests power in these councils.

This is known as delegation of legislative power.

 

[DennisD]

If you want more complete detail about what it covers and does not cover, you can check out the Competition and Consumer Act 2010, Volume 2 Part XI Division 2 Subdivision A—Application of the Australian Consumer Law

Yes the ACL is the most general and comprehensive set of consumer protections we have in Australia, though it's worth noting there are other more specific pieces of legislation, regulations which can afford protection to a consumer and operate concurrently with the ACL

 

[WiserNow]

Would be interested to hear of an example re other specific regulations that work concurrently.

@jet666 would you mind me asking why the question. I am experiencing troubles with a couple of transactions where companies just don't get they must act in accordance with the ACL.

 

[Sarah J]

@Ash : example of specific legislation - Second-Hand Vehicle Dealers Act (SA) and ACL which also covers second-hand car dealerships.

In fact, many industries and types of service/goods providers have their own specific legislation.