Federal Government Launches Online Consumer Protection Consultation

As part of its broader review into the adequacy of current laws on implied terms in both federal and State/territory legislation, the Commonwealth Consumer Affairs Advisory Council has this month released an issues paper entitled Consumer rights: Statutory implied conditions and warranties. The paper aims to stimulate discussion and seek the views of interested stakeholders in relation to the rights and obligations of consumers and businesses under contracts for the sale of goods and services and, in particular, those contracts entered into using the internet.

The review stems from a recommendation by the Productivity Commission in 2008 that the adequacy of existing legislation related to implied conditions and warranties (implied terms) should be examined. Although the focus of the review is on implied terms (their adequacy and the need for any amendments), the CCAAC is required under its terms of reference to consider any other means for improving the operation of