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ARTICLE · 29 OCTOBER 2010

Time to Trade in Your Existing Terms and Conditions

DLA Piper Australia
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Recent amendments to the Trade Practices Act 1974 (Clth) (TPA) as part of the Australian Consumer Law (ACL) initiative see the introduction of new statutory consumer guarantees which come into force on 1 January 2011

AustraliaConsumer Protection
Andrew Tulloch
Andrew Tulloch

Recent amendments to the Trade Practices Act 1974 (Commonwealth) (TPA) as part of the Australian Consumer Law (ACL) initiative see the introduction of new statutory consumer guarantees which come into force on 1 January 2011.

The consumer guarantees replace the existing implied conditions and warranties under the TPA and the State and Territory fair trading laws. As many existing terms and conditions refer to the TPA provisions, we recommend that these should now be reviewed to see if changes are required and to include references to the ACL.

Who is a consumer?

The ACL is Schedule 1 to the amended TPA and provides in section 3(1) that:

'A person is taken to have acquired particular goods as a consumer if, and only if:

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