What are my consumer disclosure obligations in NSW?

There are new disclosure obligations under the Fair Trading Act 1987 (NSW) for businesses to their 'consumers'. There was an initial transitional period where the new obligations were not enforced, however it expired on 31 December 2020. Therefore, businesses must now ensure they are complying with the new consumer disclosure obligations. Under the new laws, businesses must make the following disclosures to customers prior to completing a sale:

• the substance and effect of any terms which may "substantially prejudice" the interests of consumers;
• commission or referral arrangements with another supplier when they recommend that a consumer buys goods or services from that third party supplier.