CAANZ consultation on 'unsafe' and 'reasonable durability' draft guidance

Closed 15 Feb 2019

Opened 24 Jan 2019

Overview

Consumer Affairs Australia and New Zealand (CAANZ) seeks your views on draft guidance on the concepts of ‘durability’ and ‘unsafe’ under the consumer guarantees provisions of the Australian Consumer Law (ACL). CAANZ is Australia’s principal national forum for government policy, enforcement cooperation and coordination in respect of consumer affairs. It is composed of senior officers of Commonwealth, state, territory and New Zealand government agencies responsible for consumer affairs and fair trading.

The Australian Consumer Law is at schedule 2 of the Competition and Consumer Act 2010 (Cth). The ACL includes consumer guarantees provisions:

  • that create a basic set of guarantees (or rights) which apply to goods and services purchased by consumers,
  • that set out the circumstances under which a business is required to provide a consumer with a remedy, and if so,
  • what type of remedy.

The intention of this guidance is to provide greater clarity to businesses and consumers on the meaning of ‘unsafe’ and ‘reasonable durability’ within these consumer guarantees provisions and assist them in applying these concepts in their day-to-day business.

By participating in this survey you give permission for CAANZ to include your responses in its results which may be made public.

Why We Are Consulting

In 2016, CAANZ conducted a review of the ACL and invited feedback from stakeholders on its operation. During the review, some stakeholders advised CAANZ that they were unsure of the meaning of ‘unsafe’ and ‘reasonably durable’ under the consumer guarantees regime. In response to these submissions, the final ACL review report released in March 2017 recommended that CAANZ publish guidance on the meaning of these terms. 

This draft guidance material sets out general principles, supported by examples, to assist the sector in understanding its obligations under the ACL.

Share your views on the attached guidance below.

Audiences

  • All consumers
  • All business
  • Consumer groups
  • Small business

Interests

  • Consumer issues
  • Small business issues