As governments increasingly involve themselves in commercial
enterprises, it is important to be aware of the requirements of
Australian consumer laws and how they apply to public and private
sector entities. Section 18 of the Australian Consumer Law (ACL),
contained in Schedule 2 to the Competition and Consumer Act
2010 (Cth) (CCA), prohibits misleading or deceptive conduct in
trade or commerce.
The Commonwealth and the states and territories have legislated
to bind the Crown in its various manifestations to the ACL so far
as the Crown "carries on a business", either directly or
by an authority of the jurisdiction concerned.
The Victorian Supreme Court decision in Murphy v State of
Victoria and Linking Melbourne Authority provides guidance as
to when governments and their agencies can be said to be carrying
on a business. It also sheds light about when government's
activities are taken to be in "trade or commerce".
