0902 CDAO Melbourne ITwire 160x1200px

0902 CDAO Melbourne ITwire 160x1200px

0902 CDAO Melbourne ITwire 705x108 GIF

Monday, 24 April 2017 07:45

Consumer law review moots bigger fines for breaches Featured

By

Consumer graphic.

Recommendations in the final report of the Australian Consumer Law Review, undertaken by Consumer Affairs Australia and New Zealand, will affect a number of retailers, life insurers and providers of consumer products and services if they are accepted by governments.

Peter Jones and Nicholas Boyle, partner and senior associate respectively at the law firm DLA Piper, said in a statement that the process had kicked off in 2015 and was a broad-ranging review of Australian Consumer Law "to assess the effectiveness of the provisions and protections and make any recommendations".

They pointed out that among the proposed changes was an increase in the maximum fines for breaching consumer law to align the penalties with those in other sections of the Competition and Consumer Act.

"Proposed maximum penalties for companies would be the greater of (a) $10 million or (b) three times the value of the benefit received by the company from the act/omission or (c) if the benefit cannot be determined, 10% of the annual turnover of the company in the previous 12 months," they wrote.

The review has also suggested increasing transparency in pre-selected pricing options for online shopping and ensuring that consumer guarantees apply to all online auctions.

Other key proposals are:

  • A new general safety provision requiring products to be tested by traders for safety, supported by a penalty regime for breaches of the new safety provision, plus expanded ACCC powers to obtain information about product safety;
  • Clarification of consumers' rights to refunds/replacements and what constitutes a "major failure", including clarifying where repeat defects or failures together constitute a "major failure";
  • Obligations to make additional disclosures to consumers when offering extended warranties for goods and/or services or warranties against defects;
  • The addition of a definition of "voluntary recalls", and an increase in penalties for failure/refusal to notify a voluntary recall;
  • The extension of unconscionable conduct protection to apply to publicly listed companies;
  • Expansion of the unfair contracts regime to include contracts regulated by the Insurance Contracts Act 1984;
  • Increasing the threshold in the definition of "consumer" from $40,000 to $100,000, noting that this would not apply retrospectively; and
  • A tightening of unsolicited selling provisions, specifically around public places, false bills, and where a supplier has obtained a consumer's details from a third party.

Jones and Boyle said it would be interesting to see how the Commonwealth, state and Territory governments responded to the report.

Read 54369 times

Please join our community here and become a VIP.

Subscribe to ITWIRE UPDATE Newsletter here
JOIN our iTWireTV our YouTube Community here
BACK TO LATEST NEWS here

SONICWALL 2022 CYBER THREAT REPORT

The past year has seen a meteoric rise in ransomware incidents worldwide.

Over the past 12 months, SonicWall Capture Labs threat researchers have diligently tracked the meteoric rise in cyberattacks, as well as trends and activity across all threat vectors, including:

Ransomware
Cryptojacking
Encrypted threats
IoT malware
Zero-day attacks and more

These exclusive findings are now available via the 2022 SonicWall Cyber Threat Report, which ensures SMBs, government agencies, enterprises and other organizations have the actionable threat intelligence needed to combat the rising tide of cybercrime.

Click the button below to get the report.

GET REPORT!

PROMOTE YOUR WEBINAR ON ITWIRE

It's all about Webinars.

Marketing budgets are now focused on Webinars combined with Lead Generation.

If you wish to promote a Webinar we recommend at least a 3 to 4 week campaign prior to your event.

The iTWire campaign will include extensive adverts on our News Site itwire.com and prominent Newsletter promotion https://itwire.com/itwire-update.html and Promotional News & Editorial. Plus a video interview of the key speaker on iTWire TV https://www.youtube.com/c/iTWireTV/videos which will be used in Promotional Posts on the iTWire Home Page.

Now we are coming out of Lockdown iTWire will be focussed to assisting with your webinars and campaigns and assistance via part payments and extended terms, a Webinar Business Booster Pack and other supportive programs. We can also create your adverts and written content plus coordinate your video interview.

We look forward to discussing your campaign goals with you. Please click the button below.

MORE INFO HERE!

BACK TO HOME PAGE
Sam Varghese

Sam Varghese has been writing for iTWire since 2006, a year after the site came into existence. For nearly a decade thereafter, he wrote mostly about free and open source software, based on his own use of this genre of software. Since May 2016, he has been writing across many areas of technology. He has been a journalist for nearly 40 years in India (Indian Express and Deccan Herald), the UAE (Khaleej Times) and Australia (Daily Commercial News (now defunct) and The Age). His personal blog is titled Irregular Expression.

Share News tips for the iTWire Journalists? Your tip will be anonymous

WEBINARS ONLINE & ON-DEMAND

GUEST ARTICLES

VENDOR NEWS

Guest Opinion

Guest Interviews

Guest Reviews

Guest Research

Guest Research & Case Studies

Channel News

Comments