Contents
- Chapter 1 Preliminary
- Chapter 2 Access to services
- Chapter 3 Restrictive trade practices
- Chapter 4 Provisions relating to particular industries, payment surcharges etc.
- Chapter 5 Enforcement and remedies
- Chapter 6 Other provisions
- Chapter 7 Further provisions relating to particular industries etc.
- Chapter 8 Miscellaneous
- Schedule 1 The Schedule version of Part IV
- Schedule 2 The Australian Consumer Law
Contents
33,687 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.
- Chapter 1 · Preliminary
- Chapter 2 · Access to services
- Chapter 3 · Restrictive trade practices
- Chapter 4 · Provisions relating to particular industries, payment surcharges etc.
- Chapter 5 · Enforcement and remedies
- Chapter 6 · Other provisions
- Chapter 7 · Further provisions relating to particular industries etc.
- Chapter 8 · Miscellaneous
- Schedule 1 · The Schedule version of Part IV
- Schedule 2 · The Australian Consumer Law
- Part 6 Application and transitional provisions relating to the Treasury Laws Amendment (2020 Measures No. 6) Act 2020
- Note: See Part XI.
- Chapter 1—Introduction
- 1 Application of this Schedule
- 2 Definitions
- 3 Meaning of consumer
- 4 Misleading representations with respect to future matters
- 5 When donations are treated as supplies or acquisitions
- 6 Related bodies corporate
- 7 Meaning of manufacturer
- 8 Goods affixed to land or premises
- 9 Meaning of safety defect in relation to goods
- 10 Asserting a right to payment
- 11 References to acquisition, supply and re-supply
- 12 Application of Schedule in relation to leases and licences of land and buildings
- 13 Loss or damage to include injury
- 14 Meaning of continuing credit contract
- 15 Contraventions of this Schedule
- 16 Severability
- 17 References to provisions in this Schedule
- Chapter 2—General protections
- Part 2-1—Misleading or deceptive conduct
- 18 Misleading or deceptive conduct
- 19 Application of this Part to information providers
- Part 2-2—Unconscionable conduct
- 20 Unconscionable conduct within the meaning of the unwritten law
- 21 Unconscionable conduct in connection with goods or services
- 22 Matters the court may have regard to for the purposes of section 21
- 22A Presumptions relating to whether representations are misleading
- Part 2-3—Unfair contract terms
- 23 Unfair terms of consumer contracts and small business contracts
- 24 Meaning of unfair
- 25 Examples of unfair terms
- 26 Terms that define main subject matter of consumer contracts or small business contracts etc. are unaffected
- 27 Standard form contracts
- 28 Contracts to which this Part does not apply
- 28A This Part does not apply to certain contracts connected with financial markets
- Chapter 3—Specific protections
- Part 3-1—Unfair practices
- Division 1—False or misleading representations etc.
- 29 False or misleading representations about goods or services
- 30 False or misleading representations about sale etc. of land
- 31 Misleading conduct relating to employment
- 32 Offering rebates, gifts, prizes etc.
- 33 Misleading conduct as to the nature etc. of goods
- 34 Misleading conduct as to the nature etc. of services
- 35 Bait advertising
- 36 Wrongly accepting payment
- 37 Misleading representations about certain business activities
- 38 Application of provisions of this Division to information providers
- Division 2—Unsolicited supplies
- 39 Unsolicited cards etc.
- 40 Assertion of right to payment for unsolicited goods or services
- 41 Liability etc. of recipient for unsolicited goods
- 42 Liability of recipient for unsolicited services
- 43 Assertion of right to payment for unauthorised entries or advertisements
- Division 3—Pyramid schemes
- 44 Participation in pyramid schemes
- 45 Meaning of pyramid scheme
- 46 Marketing schemes as pyramid schemes
- Division 4—Pricing
- 47 Multiple pricing
- 48 Single price to be specified in certain circumstances
- Division 5—Other unfair practices
- 49 Referral selling
- 50 Harassment and coercion
- Part 3-2—Consumer transactions
- Division 1—Consumer guarantees
- Subdivision A—Guarantees relating to the supply of goods
- 51 Guarantee as to title
- 52 Guarantee as to undisturbed possession
- 53 Guarantee as to undisclosed securities etc.
- 54 Guarantee as to acceptable quality
- 55 Guarantee as to fitness for any disclosed purpose etc.
- 56 Guarantee relating to the supply of goods by description
- 57 Guarantees relating to the supply of goods by sample or demonstration model
- 58 Guarantee as to repairs and spare parts
- 59 Guarantee as to express warranties
- Subdivision B—Guarantees relating to the supply of services
- 60 Guarantee as to due care and skill
- 61 Guarantees as to fitness for a particular purpose etc.
- 62 Guarantee as to reasonable time for supply
- 63 Services to which this Subdivision does not apply
- Subdivision C—Guarantees not to be excluded etc. by contract
- 64 Guarantees not to be excluded etc. by contract
- 64A Limitation of liability for failures to comply with guarantees
- Subdivision D—Miscellaneous
- 65 Application of this Division to supplies of gas, electricity and telecommunications
- 66 Display notices
- 67 Conflict of laws
- 68 Convention on Contracts for the International Sale of Goods
- Division 2—Unsolicited consumer agreements
- Subdivision A—Introduction
- 69 Meaning of unsolicited consumer agreement
- 70 Presumption that agreements are unsolicited consumer agreements
- 71 Meaning of dealer
- 72 Meaning of negotiation
- Subdivision B—Negotiating unsolicited consumer agreements
- 73 Permitted hours for negotiating an unsolicited consumer agreement
- 74 Disclosing purpose and identity
- 75 Ceasing to negotiate on request
- 76 Informing person of termination period etc.
- 77 Liability of suppliers for contraventions by dealers
- Subdivision C—Requirements for unsolicited consumer agreements etc.
- 78 Requirement to give document to the consumer
- 79 Requirements for all unsolicited consumer agreements etc.
- 80 Additional requirements for unsolicited consumer agreements not negotiated by telephone
- 81 Requirements for amendments of unsolicited consumer agreements
- Subdivision D—Terminating unsolicited consumer agreements
- 82 Terminating an unsolicited consumer agreement during the termination period
- 83 Effect of termination
- 84 Obligations of suppliers on termination
- 85 Obligations and rights of consumers on termination
- 86 Prohibition on supplies etc.
- 87 Repayment of payments received after termination
- 88 Prohibition on recovering amounts after termination
- Subdivision E—Miscellaneous
- 89 Certain provisions of unsolicited consumer agreements void
- 90 Waiver of rights
- 91 Application of this Division to persons to whom rights of consumers and suppliers are assigned etc.
- 92 Application of this Division to supplies to third parties
- 93 Effect of contravening this Division
- 94 Regulations may limit the application of this Division
- 95 Application of this Division to certain conduct covered by the Corporations Act
- Division 3—Lay-by agreements
- 96 Lay-by agreements must be in writing etc.
- 97 Termination of lay-by agreements by consumers
- 98 Termination of lay-by agreements by suppliers
- 99 Effect of termination
- Division 3A—Gift cards
- Subdivision A—Introduction
- 99A Meaning of gift card
- Subdivision B—Requirements relating to gift cards
- 99B Gift cards to be redeemable for at least 3 years
- 99C When gift card ceases to be redeemable to appear prominently on gift card
- 99D Terms and conditions not to allow post-supply fees
- 99E Post-supply fees not to be demanded or received
- 99F Certain terms and conditions of gift card void
- Subdivision C—Miscellaneous
- 99G Regulations may limit application of this Division
- Division 4—Miscellaneous
- 100 Supplier must provide proof of transaction etc.
- 101 Consumer may request an itemised bill
- 102 Prescribed requirements for warranties against defects
- 103 Repairers must comply with prescribed requirements
- Part 3-3—Safety of consumer goods and product related services
- Division 1—Safety standards
- 104 Making safety standards for consumer goods and product related services
- 105 Declaring safety standards for consumer goods and product related services
- 106 Supplying etc. consumer goods that do not comply with safety standards
- 107 Supplying etc. product related services that do not comply with safety standards
- 108 Requirement to nominate a safety standard
- Division 2—Bans on consumer goods and product related services
- Subdivision A—Interim bans
- 109 Interim bans on consumer goods or product related services that will or may cause injury to any person etc.
- 110 Places in which interim bans apply
- 111 Ban period for interim bans
- 112 Interaction of multiple interim bans
- 113 Revocation of interim bans
- Subdivision B—Permanent bans
- 114 Permanent bans on consumer goods or product related services
- 115 Places in which permanent bans apply
- 116 When permanent bans come into force
- 117 Revocation of permanent bans
- Subdivision C—Compliance with interim bans and permanent bans
- 118 Supplying etc. consumer goods covered by a ban
- 119 Supplying etc. product related services covered by a ban
- Subdivision D—Temporary exemption from mutual recognition principles
- 120 Temporary exemption under the Trans-Tasman Mutual Recognition Act 1997
- 121 Temporary exemption under the Mutual Recognition Act 1992
- Division 3—Recall of consumer goods
- Subdivision A—Compulsory recall of consumer goods
- 122 Compulsory recall of consumer goods
- 123 Contents of a recall notice
- 124 Obligations of a supplier in relation to a recall notice
- 125 Notification by persons who supply consumer goods outside Australia if there is compulsory recall
- 126 Interaction of multiple recall notices
- 127 Compliance with recall notices
- Subdivision B—Voluntary recall of consumer goods
- 128 Notification requirements for a voluntary recall of consumer goods
- Division 4—Safety warning notices
- 129 Safety warning notices about consumer goods and product related services
- 130 Announcement of the results of an investigation etc.
- Division 5—Consumer goods, or product related services, associated with death or serious injury or illness
- 131 Suppliers to report consumer goods associated with the death or serious injury or illness of any person
- 132 Suppliers to report product related services associated with the death or serious injury or illness of any person
- 132A Confidentiality of notices given under this Division
- Division 6—Miscellaneous
- 133 Liability under a contract of insurance
- Part 3-4—Information standards
- 134 Making information standards for goods and services
- 135 Declaring information standards for goods and services
- 136 Supplying etc. goods that do not comply with information standards
- 137 Supplying etc. services that do not comply with information standards
- 137A Safe harbour for complying with information standards about free range eggs
- Part 3-5—Liability of manufacturers for goods with safety defects
- Division 1—Actions against manufacturers for goods with safety defects
- 138 Liability for loss or damage suffered by an injured individual
- 139 Liability for loss or damage suffered by a person other than an injured individual
- 140 Liability for loss or damage suffered by a person if other goods are destroyed or damaged
- 141 Liability for loss or damage suffered by a person if land, buildings or fixtures are destroyed or damaged
- 142 Defences to defective goods actions
- Division 2—Defective goods actions
- 143 Time for commencing defective goods actions
- 144 Liability joint and several
- 145 Survival of actions
- 146 No defective goods action where workers’ compensation law etc. applies
- 147 Unidentified manufacturer
- 148 Commonwealth liability for goods that are defective only because of compliance with Commonwealth mandatory standard
- 149 Representative actions by the regulator
- Division 3—Miscellaneous
- 150 Application of all or any provisions of this Part etc. not to be excluded or modified
- Chapter 4—Offences
- Part 4-1—Offences relating to unfair practices
- Division 1—False or misleading representations etc.
- 151 False or misleading representations about goods or services
- 152 False or misleading representations about sale etc. of land
- 153 Misleading conduct relating to employment
- 154 Offering rebates, gifts, prizes etc.
- 155 Misleading conduct as to the nature etc. of goods
- 156 Misleading conduct as to the nature etc. of services
- 157 Bait advertising
- 158 Wrongly accepting payment
- 159 Misleading representations about certain business activities
- 160 Application of provisions of this Division to information providers
- Division 2—Unsolicited supplies
- 161 Unsolicited cards etc.
- 162 Assertion of right to payment for unsolicited goods or services
- 163 Assertion of right to payment for unauthorised entries or advertisements
- Division 3—Pyramid schemes
- 164 Participation in pyramid schemes
- Division 4—Pricing
- 165 Multiple pricing
- 166 Single price to be specified in certain circumstances
- Division 5—Other unfair practices
- 167 Referral selling
- 168 Harassment and coercion
- Part 4-2—Offences relating to consumer transactions
- Division 1—Consumer guarantees
- 169 Display notices
- Division 2—Unsolicited consumer agreements
- Subdivision A—Negotiating unsolicited consumer agreements
- 170 Permitted hours for negotiating an unsolicited consumer agreement
- 171 Disclosing purpose and identity
- 172 Ceasing to negotiate on request
- 173 Informing person of termination period etc.
- Subdivision B—Requirements for unsolicited consumer agreements etc.
- 174 Requirement to give document to the consumer
- 175 Requirements for all unsolicited consumer agreements etc.
- 176 Additional requirements for unsolicited consumer agreements not negotiated by telephone
- 177 Requirements for amendments of unsolicited consumer agreements
- Subdivision C—Terminating unsolicited consumer agreements
- 178 Obligations of suppliers on termination
- 179 Prohibition on supplies etc.
- 180 Repayment of payments received after termination
- 181 Prohibition on recovering amounts after termination
- Subdivision D—Miscellaneous
- 182 Certain provisions of unsolicited consumer agreements void
- 183 Waiver of rights
- 184 Application of this Division to persons to whom rights of consumers and suppliers are assigned etc.
- 185 Application of this Division to supplies to third parties
- 186 Regulations may limit the application of this Division
- 187 Application of this Division to certain conduct covered by the Corporations Act
- Division 3—Lay-by agreements
- 188 Lay-by agreements must be in writing etc.
- 189 Termination charges
- 190 Termination of lay-by agreements by suppliers
- 191 Refund of amounts
- Division 3A—Gift cards
- 191A Gift cards to be redeemable for at least 3 years
- 191B When gift card ceases to be redeemable to appear prominently on gift card
- 191C Terms and conditions not to allow post-supply fees
- 191D Post-supply fees not to be demanded or received
- 191E Regulations may limit the application of this Division
- Division 4—Miscellaneous
- 192 Prescribed requirements for warranties against defects
- 193 Repairers must comply with prescribed requirements
- Part 4-3—Offences relating to safety of consumer goods and product related services
- Division 1—Safety standards
- 194 Supplying etc. consumer goods that do not comply with safety standards
- 195 Supplying etc. product related services that do not comply with safety standards
- 196 Requirement to nominate a safety standard
- Division 2—Bans on consumer goods and product related services
- 197 Supplying etc. consumer goods covered by a ban
- 198 Supplying etc. product related services covered by a ban
- Division 3—Recall of consumer goods
- 199 Compliance with recall orders
- 200 Notification by persons who supply consumer goods outside Australia if there is compulsory recall
- 201 Notification requirements for a voluntary recall of consumer goods
- Division 4—Consumer goods, or product related services, associated with death or serious injury or illness
- 202 Suppliers to report consumer goods etc. associated with the death or serious injury or illness of any person
- Part 4-4—Offences relating to information standards
- 203 Supplying etc. goods that do not comply with information standards
- 204 Supplying etc. services that do not comply with information standards
- Part 4-5—Offences relating to substantiation notices
- 205 Compliance with substantiation notices
- 206 False or misleading information etc.
- Part 4-6—Defences
- 207 Reasonable mistake of fact
- 208 Act or default of another person etc.
- 209 Publication of advertisements in the ordinary course of business
- 210 Supplying goods acquired for the purpose of re-supply
- 211 Supplying services acquired for the purpose of re-supply
- Part 4-7—Miscellaneous
- 212 Prosecutions to be commenced within 3 years
- 213 Preference must be given to compensation for victims
- 214 Penalties for contraventions of the same nature etc.
- 215 Penalties for previous contraventions of the same nature etc.
- 216 Granting of injunctions etc.
- 217 Criminal proceedings not to be brought for contraventions of Chapter 2 or 3
- Chapter 5—Enforcement and remedies
- Part 5-1—Enforcement
- Division 1—Undertakings
- 218 Regulator may accept undertakings
- Division 2—Substantiation notices
- 219 Regulator may require claims to be substantiated etc.
- 220 Extending periods for complying with substantiation notices
- 221 Compliance with substantiation notices
- 222 False or misleading information etc.
- Division 3—Public warning notices
- 223 Regulator may issue a public warning notice
- Part 5-2—Remedies
- Division 1—Pecuniary penalties
- 224 Pecuniary penalties
- 225 Pecuniary penalties and offences
- 226 Defence
- 227 Preference must be given to compensation for victims
- 228 Civil action for recovery of pecuniary penalties
- 229 Indemnification of officers
- 230 Certain indemnities not authorised and certain documents void
- Division 2—Injunctions
- 232 Injunctions
- 233 Consent injunctions
- 234 Interim injunctions
- 235 Variation and discharge of injunctions
- Division 3—Damages
- 236 Actions for damages
- Division 4—Compensation orders etc. for injured persons and orders for non-parties
- 237 Compensation orders etc. on application by an injured person or the regulator
- 238 Compensation orders etc. arising out of other proceedings
- 239 Orders to redress etc. loss or damage suffered by non-parties
- 240 Determining whether to make a redress order etc. for non-parties
- 241 When a non-party is bound by a redress order etc.
- 243 Kinds of orders that may be made
- 243A Orders made in favour of party to contract containing unfair term
- 243B Orders made on application of the regulator to prevent and remedy unfair contract terms
- 245 Interaction with other provisions
- Division 5—Other remedies
- 246 Non-punitive orders
- 247 Adverse publicity orders
- 248 Order disqualifying a person from managing corporations
- 249 Privilege against exposure to penalty or forfeiture—disqualification from managing corporations
- 250 Declarations relating to consumer contracts and small business contracts
- Division 6—Defences
- 251 Publication of advertisement in the ordinary course of business
- 252 Supplying consumer goods for the purpose of re-supply
- 253 Supplying product related services for the purpose of re-supply
- Part 5-3—Country of origin representations
- 254 Overview
- 255 Country of origin representations do not contravene certain provisions
- 258 Proceedings relating to false, misleading or deceptive conduct or representations
- Part 5-4—Remedies relating to guarantees
- Division 1—Action against suppliers
- Subdivision A—Action against suppliers of goods
- 259 Action against suppliers of goods
- 260 When a failure to comply with a guarantee is a major failure
- 261 How suppliers may remedy a failure to comply with a guarantee
- 262 When consumers are not entitled to reject goods
- 263 Consequences of rejecting goods
- 264 Replaced goods
- 265 Termination of contracts for the supply of services that are connected with rejected goods
- 266 Rights of gift recipients
- Subdivision B—Action against suppliers of services
- 267 Action against suppliers of services
- 268 When a failure to comply with a guarantee is a major failure
- 269 Termination of contracts for the supply of services
- 270 Termination of contracts for the supply of goods that are connected with terminated services
- Division 2—Action for damages against manufacturers of goods
- 271 Action for damages against manufacturers of goods
- 272 Damages that may be recovered by action against manufacturers of goods
- 273 Time limit for actions against manufacturers of goods
- Division 3—Miscellaneous
- 274 Indemnification of suppliers by manufacturers
- 275 Limitation of liability etc.
- 276 This Part not to be excluded etc. by contract
- 276A Limitation in certain circumstances of liability of manufacturer to seller
- 277 Representative actions by the regulator
- Part 5-5—Liability of suppliers and credit providers
- Division 1—Linked credit contracts
- 278 Liability of suppliers and linked credit providers relating to linked credit contracts
- 279 Action by consumer to recover amount of loss or damage
- 280 Cases where a linked credit provider is not liable
- 281 Amount of liability of linked credit providers
- 282 Counter-claims and offsets
- 283 Enforcement of judgments etc.
- 284 Award of interest to consumers
- 285 Liability of suppliers to linked credit providers, and of linked credit providers to suppliers
- 286 Joint liability proceedings and recovery under section 135 of the National Credit Code
- Division 2—Non-linked credit contracts
- 287 Liability of suppliers and credit providers relating to non-linked credit contracts
- Chapter 6—Application and transitional provisions
- Part 1—Application and transitional provisions relating to the Consumer Credit Legislation Amendment (Enhancements) Act 2012
- 288 Application of amendments relating to lay-by agreements
- 289 Application of amendment relating to repairs
- 290 Saving of regulations relating to repairs
- Part 1A—Application provision relating to the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015
- 290A Application
- Part 2—Application and transitional provisions relating to the Competition and Consumer Amendment (Competition Policy Review) Act 2017
- 291 Application of amendments relating to confidentiality of notices
- 292 Application of amendments relating to prohibition on supplies
- Part 3—Application provision relating to the Treasury Laws Amendment (2018 Measures No. 3) Act 2018
- 295 Application of amendments
- Part 4—Application provisions relating to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018
- 296 Application—listed public companies
- 297 Application—unsolicited supplies
- 298 Application—unsolicited consumer agreements
- 299 Application—single price
- 300 Application—non-punitive orders
- 301 Application—guarantees relating to the supply of services
- Part 5—Application and transitional provisions relating to the Treasury Laws Amendment (Gift Cards) Act 2018
- 302 Application of amendments relating to gift cards
- Part 6—Application and transitional provisions relating to the Treasury Laws Amendment (2020 Measures No. 6) Act 2020
- 303 Application of amendments relating to multiple non-major consumer guarantee failures
- Part 7—Application provision relating to the Treasury Laws Amendment (More Competition, Better Prices) Act 2022
- 304 Application of amendments relating to penalties
- 305 Application of amendments relating to unfair contract terms
- Part 8—Application and saving provisions relating to the Treasury Laws Amendment (Fairer for Families and Farmers and Other Measures) Act 2024
- 306 Definitions
- 307 Saving—safety standards declared by the Minister
- 308 Application—nomination and compliance with safety standards
- 309 Application—requests for information or documents
- Part 9—Application provision relating to the Treasury Laws Amendment (Doubling Penalties for ACCC Enforcement) Act 2026
- 310 Application of amendments relating to penalties
- Chapter 1 Introduction
- Chapter 2 General protections
- Chapter 3 Specific protections
- Chapter 4 Offences
- Chapter 5 Enforcement and remedies
- Chapter 6 Application and transitional provisions
- Part 9 Application provision relating to the Treasury Laws Amendment (Doubling Penalties for ACCC Enforcement) Act 2026
Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.