Federal Register of Legislation - Australian Government

Primary content

Regulations as made
These regulations amend the Competition and Consumer Regulations 2010 to give effect to two proposals included in the Australian Consumer Law Review – Final Report.
Administered by: Treasury
Registered 08 Jun 2018
Tabling HistoryDate
Tabled HR18-Jun-2018
Tabled Senate18-Jun-2018
Date of repeal 10 Jun 2018
Repealed by Division 1 of Part 3 of Chapter 3 of the Legislation Act 2003
Table of contents.

Commonwealth Coat of Arms of Australia

 

Competition and Consumer Amendment (Australian Consumer Law Review) Regulations 2018

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 07 June 2018

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Michael Sukkar

Assistant Minister to the Treasurer
Parliamentary Secretary to the Treasurer

 

 

 

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Unsolicited consumer agreements                                                                             2

Competition and Consumer Regulations 2010                                                                                2

Schedule 2—Warranties against defects                                                                                            3

Competition and Consumer Regulations 2010                                                                                3

 


1  Name

                   This instrument is the Competition and Consumer Amendment (Australian Consumer Law Review) Regulations 2018.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

9 June 2018

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the Competition and Consumer Act 2010.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Unsolicited consumer agreements

  

Competition and Consumer Regulations 2010

1  Regulation 83

Before “For”, insert “(1)”.

2  At the end of regulation 83

Add:

             (2)  However, subregulation (1) does not apply if section 86 of the Australian Consumer Law does not apply to, or in relation to, the unsolicited consumer agreement.

Note:          Section 86 of the Australian Consumer Law may not apply to an unsolicited consumer agreement because of regulations made under section 94 of the Australian Consumer Law. For example, section 86 of the Australian Consumer Law does not apply to, or in relation to, agreements of a kind specified in regulation 89 and circumstances of a kind specified in regulations 88 and 95 of these Regulations.

3  In the appropriate position in Part 8

Insert:

Division 2Application of amendments made by the Competition and Consumer Amendment (Australian Consumer Law Review) Regulations 2018

98  Application—unsolicited consumer agreements

                   The amendments made by Schedule 1 to the Competition and Consumer Amendment (Australian Consumer Law Review) Regulations 2018 apply in relation to agreements entered into on or after the commencement of that Schedule.

Schedule 2Warranties against defects

  

Competition and Consumer Regulations 2010

1  Paragraph 90(1)(c)

Repeal the paragraph, substitute:

                     (c)  a warranty against defects must include:

                              (i)  in relation to the supply of goods only—the text mentioned in subregulation (2); or

                             (ii)  in relation to the supply of services only—the text mentioned in subregulation (3); or

                            (iii)  in relation to the supply of goods and services—the text mentioned in subregulation (4);

2  After subregulation 90(1)

Insert:

          (1A)  Paragraph (1)(c) does not apply in relation to:

                     (a)  services mentioned in section 63 of the Australian Consumer Law; and

                     (b)  supplies mentioned in section 65 of the Australian Consumer Law.

3  Subregulation 90(2)

Omit “For paragraph (1)(c)”, substitute “For the purposes of subparagraph (1)(c)(i)”.

4  After subregulation 90(2)

Insert:

             (3)  For the purposes of subparagraph (1)(c)(ii), the text is ‘Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

·         to cancel your service contract with us; and

·         to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract’.

             (4)  For the purposes of subparagraph (1)(c)(iii), the text is ‘Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

·         to cancel your service contract with us; and

·         to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service’.

5  In the appropriate position in Part 8

Insert:

99  Application—warranties against defects

                   The amendments made by Schedule 2 to the Competition and Consumer Amendment (Australian Consumer Law Review) Regulations 2018 apply in relation to warranties against defects issued on or after the day that is 12 months after the day that Schedule commences.