Detailed Outline
Keypoints
- Agencies should assess their programs and legislation, both new and existing, to ensure compliance with the Australian Consumer Law.
- To assist in this task, a principles-based Guide has been developed to assist in maintaining a harmonised and consistent approach to the Australian Consumer Law. This Guide is attached.
- This circular is most relevant to agencies that review, develop, or implement policy or legislation that relates to consumers, such as: misleading or deceptive conduct in consumer affairs; the regulation of unfair trade practices; regulation of services to consumers (including health, transport, education, telecommunications and utilities); unsolicited selling; product safety; and consumer guarantees and redress.
Attachment: Maintaining consistency with the Australian Consumer Law.
Agencies are expected to evaluate programs regularly and consistently
The Australian Consumer Law (ACL) commenced on 1 January 2011 in all Australian States and Territories. It harmonised the consumer protection provisions of the Trade Practices Act 1974 (Cth) and State and Territory fair trading laws.
To maintain the integrity of the ACL, NSW agencies have a responsibility to ensure that NSW legislation is consistent with and does not alter the effect of the ACL. States and Territories must maintain a consistent approach when developing and reviewing legislation and policy that protects consumers and promotes fair trading across all industry sectors.
Help is at hand
A principles-based Guide to assist agencies to identify inconsistent, complementary or duplicative provisions in new and existing legislation is attached.
The Guide:
- is framed for policy officers who may not have an understanding of the ACL
- is intended for use on an intermittent and informal basis
- includes an 'assessment form' for assessing new or existing legislation against the ACL
- provides advice on how to identify 'inconsistent', 'complementary' and 'duplicative' laws
- suggests what to do next
Key agencies
Awareness of the responsibility to maintain the integrity of the ACL must increase across the NSW Government. Officers are encouraged to look through the Guide attached.
The following agencies must know about this Circular: the Parliamentary Counsel's Office, NSW Fair Trading, and the Commercial Policy and Financing division of NSW Treasury.
Chris Eccles
Director General
Which agencies does this Circular apply to?
All public sector agencies other than State Owned Corporations. In particular the Parliamentary Counsel's Office, NSW Fair Trading, and the Commercial Policy and Financing division of NSW Treasury.
Who needs to know about this Circular?
All agencies involved with legislative drafting, review or policy development that relates to the Australian Consumer Law.
- Issued by
- Intergovernmental Relations, Sector Performance and Coordination Group in the Department of Premier and Cabinet
- Contact
- Janet Schorer – 9228-5410 - [email protected]
- Date
- 20 January 2014
- This Circular has not superseded any Circular.
Overview
Compliance
- Not Mandatory
AR Details
- Date Issued
- Jan 20, 2014
- Review Date
- Jun 13, 2024
- Replaces
-
- Replaced By
-
Contacts
- Contact
- Contact us
- Phone
- 02 9228 5555
- Publishing Entity
- Department of Premier and Cabinet
- Issuing Entity
- Department of Premier and Cabinet