The application of the Australian Consumer Law to B2B transactions

Transactions involving the supply of goods and services to businesses, as opposed to individuals, are often mistakenly presumed by businesses to be outside the operation of the provisions of the Australian Consumer Law (ACL). This misconception can expose businesses to serious implications. While this misconception existed under the Trade Practices Act supply of goods or services which are¹ (TPA), it has been further complicated by the introduction of different definitions of "consumer" and "consumer transactions" within the ACL.

This article specifically covers the application of the consumer guarantee provisions of the ACL to business transactions and sets out:

• the "consumer" definition applicable to the consumer guarantee provisions;