Fisherman

Australian Consumer Law Changes: Casting a much wider net for businesses to comply

Malcolm Campbell ||

Under the Australian Consumer Law (ACL), businesses that supply goods and services to ”consumers” automatically provide certain consumer guarantees that exist regardless of any warranty provided by the supplier or manufacturer.

From July 2021, the definition of a consumer is changing, meaning more businesses will need to be aware of and comply with the consumer guarantee regime.

Currently section 3 of the ACL, states that a person will have acquired goods or services as a consumer if:

  •  the goods or services did not exceed $40,000;
  • the goods or services cost more than $40,000, but they are of a kind ordinarily acquired for personal, domestic of household use of consumption; or,
  • the goods are a commercial road vehicle or trailer used primarily to transport goods on public roads.

Treasury Laws Amendment (Acquisition as Consumer – Financial Thresholds) Regulations 2020

The Treasury Laws Amendment (Acquisition as Consumer – Financial Thresholds) Regulations 2020 (The Regulations) will come into effect on 1 July 2021 changing the monetary threshold in the definition of Consumer.

The new regulations will increase the monetary threshold from $40,000 to $100,000 and in doing so will give effect to proposal 15 of the Australian Consumer Law Review which recommended changing the monetary threshold.

The Regulations also amend the prescribed amount in section 12BC of the Australian Securities Investment Commission Act (2001) which contain similar consumer protection provisions for financial products and services.

The ACL review found that consumer protections had “been eroded over time due to inflation in the cost of goods and services” which meant that certain business purchases that were once covered under the ACL were no longer covered. The increased threshold would again assure minimum standards of protection and will cover more business transactions.

What happens next?

This change in definition will mean that more businesses will need to understand the obligations associated with supplying goods and services to “consumers” on and from 1 July 2021. It is also important that businesses are aware that a business can be a consumer if the definition criteria is met.

Businesses have just under 12 months to prepare for this change and should take this time to consider how this might impact their business and related contracts. Consideration should be given to the value of the goods and services sold and a review of relevant agreements and potential staff training would be wise.

If you have any questions or concerns relating to any of the information or you require assistance, please do not hesitate to get in touch with a lawyer in Coleman Greig’s Commercial Advice team, who would be more than happy to assist you.

Share:

Send an enquiry

Any personal information you provide is collected pursuant to our Privacy Policy.

Categories
Archives
Author

More posts

Businesspeople brainstorm discussing cooperation at office briefing
Fair Work Act: Latest updates from 6 June 2023

Learn about the changes following the amendments to the Fair Work Act in December 2022 which has left employment law in a period of substantial and significant reform.

auto business, car sale, transportation, people and ownership co
Salvage Lien attempt fails

This blog breaks down Volkswagen Financial Services Australia Pty Ltd v Atlas CTL Pty Ltd ( Receivers and Managers Appointed)(in liquidation) [2022] NSWSC 573.

Mature couple talking to financial advisor at office
Charitable gift in a Will

The gift may be a specific asset but more commonly is either a specified amount or a percentage of your estate to the charitable organisation.

© 2024 Coleman Greig Lawyers  |  Sitemap  |  Liability limited by a scheme approved under Professional Standards Legislation. ABN 73 125 176 230