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COMPETITION AND CONSUMER ACT 2010
- Schedule 2 Table of Contents

The Australian Consumer Law

1   Application of this Schedule

2   Definitions

3   Meaning of consumer

4   Misleading representations with respect to future matters

5   When donations are treated as supplies or acquisitions

6   Related bodies corporate

7   Meaning of manufacturer

8   Goods affixed to land or premises

9   Meaning of safety defect in relation to goods

10   Asserting a right to payment

11   References to acquisition, supply and re-supply

12   Application of Schedule in relation to leases and licences of land and buildings

13   Loss or damage to include injury

14   Meaning of continuing credit contract

15   Contraventions of this Schedule

16   Severability

17   References to provisions in this Schedule

18   Misleading or deceptive conduct

19   Application of this Part to information providers

20   Unconscionable conduct within the meaning of the unwritten law

21   Unconscionable conduct in connection with goods or services

22   Matters the court may have regard to for the purposes of section 21

22A   Presumptions relating to whether representations are misleading

23   Unfair terms of consumer contracts and small business contracts

24   Meaning of unfair

25   Examples of unfair terms

26   Terms that define main subject matter of consumer contracts or small business contracts etc. are unaffected

27   Standard form contracts

28   Contracts to which this Part does not apply

29   False or misleading representations about goods or services

30   False or misleading representations about sale etc. of land

31   Misleading conduct relating to employment

32   Offering rebates, gifts, prizes etc.

33   Misleading conduct as to the nature etc. of goods

34   Misleading conduct as to the nature etc. of services

35   Bait advertising

36   Wrongly accepting payment

37   Misleading representations about certain business activities

38   Application of provisions of this Division to information providers

39   Unsolicited cards etc.

40   Assertion of right to payment for unsolicited goods or services

41   Liability etc. of recipient for unsolicited goods

42   Liability of recipient for unsolicited services

43   Assertion of right to payment for unauthorised entries or advertisements

44   Participation in pyramid schemes

45   Meaning of pyramid scheme

46   Marketing schemes as pyramid schemes

47   Multiple pricing

48   Single price to be specified in certain circumstances

49   Referral selling

50   Harassment and coercion

51   Guarantee as to title

52   Guarantee as to undisturbed possession

53   Guarantee as to undisclosed securities etc.

54   Guarantee as to acceptable quality

56   Guarantee relating to the supply of goods by description

57   Guarantees relating to the supply of goods by sample or demonstration model

58   Guarantee as to repairs and spare parts

59   Guarantee as to express warranties

60   Guarantee as to due care and skill

61   Guarantees as to fitness for a particular purpose etc.

62   Guarantee as to reasonable time for supply

63   Services to which this Subdivision does not apply

64   Guarantees not to be excluded etc. by contract

64A   Limitation of liability for failures to comply with guarantees

65   Application of this Division to supplies of gas, electricity and telecommunications

66   Display notices

67   Conflict of laws

68   Convention on Contracts for the International Sale of Goods

69   Meaning of unsolicited consumer agreement

70   Presumption that agreements are unsolicited consumer agreements

71   Meaning of dealer

72   Meaning of negotiation

73   Permitted hours for negotiating an unsolicited consumer agreement

74   Disclosing purpose and identity

75   Ceasing to negotiate on request

76   Informing person of termination period etc.

77   Liability of suppliers for contraventions by dealers

78   Requirement to give document to the consumer

79   Requirements for all unsolicited consumer agreements etc.

80   Additional requirements for unsolicited consumer agreements not negotiated by telephone

81   Requirements for amendments of unsolicited consumer agreements

82   Terminating an unsolicited consumer agreement during the termination period

83   Effect of termination

84   Obligations of suppliers on termination

85   Obligations and rights of consumers on termination

86   Prohibition on supplies etc.

87   Repayment of payments received after termination

88   Prohibition on recovering amounts after termination

89   Certain provisions of unsolicited consumer agreements void

90  Waiver of rights

91   Application of this Division to persons to whom rights of consumers and suppliers are assigned etc.

92   Application of this Division to supplies to third parties

93   Effect of contravening this Division

94   Regulations may limit the application of this Division

95   Application of this Division to certain conduct covered by the Corporations Act

96   Lay-by agreements must be in writing etc.

97   Termination of lay-by agreements by consumers

98   Termination of lay-by agreements by suppliers

99   Effect of termination

99A   Meaning of gift card

99B   Gift cards to be redeemable for at least 3 years

99C   When gift card ceases to be redeemable to appear prominently on gift card

99D   Terms and conditions not to allow post-supply fees

99E   Post-supply fees not to be demanded or received

99F   Certain terms and conditions of gift card void

99G   Regulations may limit application of this Division

100   Supplier must provide proof of transaction etc.

101   Consumer may request an itemised bill

102   Prescribed requirements for warranties against defects

103   Repairers must comply with prescribed requirements

104   Making safety standards for consumer goods and product related services

105   Declaring safety standards for consumer goods and product related services

106   Supplying etc. consumer goods that do not comply with safety standards

107   Supplying etc. product related services that do not comply with safety standards

108   Requirement to nominate a safety standard

109   Interim bans on consumer goods or product related services that will or may cause injury to any person etc.

110   Places in which interim bans apply

111   Ban period for interim bans

112   Interaction of multiple interim bans

113   Revocation of interim bans

114   Permanent bans on consumer goods or product related services

115   Places in which permanent bans apply

116   When permanent bans come into force

117   Revocation of permanent bans

118   Supplying etc. consumer goods covered by a ban

119   Supplying etc. product related services covered by a ban

120   Temporary exemption under the Trans-Tasman Mutual Recognition Act 1997

121   Temporary exemption under the Mutual Recognition Act 1992

122   Compulsory recall of consumer goods

123   Contents of a recall notice

124   Obligations of a supplier in relation to a recall notice

125   Notification by persons who supply consumer goods outside Australia if there is compulsory recall

126   Interaction of multiple recall notices

127   Compliance with recall notices

128   Notification requirements for a voluntary recall of consumer goods

129   Safety warning notices about consumer goods and product related services

130   Announcement of the results of an investigation etc.

131   Suppliers to report consumer goods associated with the death or serious injury or illness of any person

132   Suppliers to report product related services associated with the death or serious injury or illness of any person

132A   Confidentiality of notices given under this Division

133   Liability under a contract of insurance

134   Making information standards for goods and services

135   Declaring information standards for goods and services

136   Supplying etc. goods that do not comply with information standards

137   Supplying etc. services that do not comply with information standards

137A   Safe harbour for complying with information standards about free range eggs

138   Liability for loss or damage suffered by an injured individual

139   Liability for loss or damage suffered by a person other than an injured individual

140   Liability for loss or damage suffered by a person if other goods are destroyed or damaged

141   Liability for loss or damage suffered by a person if land, buildings or fixtures are destroyed or damaged

142   Defences to defective goods actions

143   Time for commencing defective goods actions

144   Liability joint and several

145   Survival of actions

146   No defective goods action where workers' compensation law etc. applies

147   Unidentified manufacturer

148   Commonwealth liability for goods that are defective only because of compliance with Commonwealth mandatory standard

149   Representative actions by the regulator

150   Application of all or any provisions of this Part etc. not to be excluded or modified

151   False or misleading representations about goods or services

152   False or misleading representations about sale etc. of land

153   Misleading conduct relating to employment

154   Offering rebates, gifts, prizes etc.

155   Misleading conduct as to the nature etc. of goods

156   Misleading conduct as to the nature etc. of services

157   Bait advertising

158   Wrongly accepting payment

159   Misleading representations about certain business activities

160   Application of provisions of this Division to information providers

161   Unsolicited cards etc.

162   Assertion of right to payment for unsolicited goods or services

163   Assertion of right to payment for unauthorised entries or advertisements

164   Participation in pyramid schemes

165   Multiple pricing

166   Single price to be specified in certain circumstances

167   Referral selling

168   Harassment and coercion

169   Display notices

170   Permitted hours for negotiating an unsolicited consumer agreement

171   Disclosing purpose and identity

172   Ceasing to negotiate on request

173   Informing person of termination period etc.

174   Requirement to give document to the consumer

175   Requirements for all unsolicited consumer agreements etc.

176   Additional requirements for unsolicited consumer agreements not negotiated by telephone

177   Requirements for amendments of unsolicited consumer agreements

178   Obligations of suppliers on termination

179   Prohibition on supplies etc.

180   Repayment of payments received after termination

181   Prohibition on recovering amounts after termination

182   Certain provisions of unsolicited consumer agreements void

183   Waiver of rights

184   Application of this Division to persons to whom rights of consumers and suppliers are assigned etc.

185   Application of this Division to supplies to third parties

186   Regulations may limit the application of this Division

187   Application of this Division to certain conduct covered by the Corporations Act

188   Lay-by agreements must be in writing etc.

189   Termination charges

190   Termination of lay-by agreements by suppliers

191   Refund of amounts

191A   Gift cards to be redeemable for at least 3 years

191B   When gift card ceases to be redeemable to appear prominently on gift card

191C   Terms and conditions not to allow post-supply fees

191D   Post-supply fees not to be demanded or received

191E   Regulations may limit the application of this Division

192   Prescribed requirements for warranties against defects

193   Repairers must comply with prescribed requirements

194   Supplying etc. consumer goods that do not comply with safety standards

195   Supplying etc. product related services that do not comply with safety standards

196   Requirement to nominate a safety standard

197   Supplying etc. consumer goods covered by a ban

198   Supplying etc. product related services covered by a ban

199   Compliance with recall orders

200   Notification by persons who supply consumer goods outside Australia if there is compulsory recall

201   Notification requirements for a voluntary recall of consumer goods

202   Suppliers to report consumer goods etc. associated with the death or serious injury or illness of any person

203   Supplying etc. goods that do not comply with information standards

204   Supplying etc. services that do not comply with information standards

205   Compliance with substantiation notices

206   False or misleading information etc.

207   Reasonable mistake of fact

208   Act or default of another person etc.

209   Publication of advertisements in the ordinary course of business

210   Supplying goods acquired for the purpose of re-supply

211   Supplying services acquired for the purpose of re-supply

212   Prosecutions to be commenced within 3 years

213   Preference must be given to compensation for victims

214   Penalties for contraventions of the same nature etc.

215   Penalties for previous contraventions of the same nature etc.

216   Granting of injunctions etc.

217   Criminal proceedings not to be brought for contraventions of Chapter 2 or 3

218   Regulator may accept undertakings

219   Regulator may require claims to be substantiated etc.

220   Extending periods for complying with substantiation notices

221   Compliance with substantiation notices

222   False or misleading information etc.

223   Regulator may issue a public warning notice

224   Pecuniary penalties

225   Pecuniary penalties and offences

226   Defence

227   Preference must be given to compensation for victims

228   Civil action for recovery of pecuniary penalties

229   Indemnification of officers

230   Certain indemnities not authorised and certain documents void

232   Injunctions

233   Consent injunctions

234   Interim injunctions

235   Variation and discharge of injunctions

236   Actions for damages

237   Compensation orders etc. on application by an injured person or the regulator

238   Compensation orders etc. arising out of other proceedings

239   Orders to redress etc. loss or damage suffered by non-party consumers

240   Determining whether to make a redress order etc. for non-party consumers

241   When a non-party consumer is bound by a redress order etc.

242   Applications for orders

243   Kinds of orders that may be made

244   Power of a court to make orders

245   Interaction with other provisions

246   Non-punitive orders

247   Adverse publicity orders

248   Order disqualifying a person from managing corporations

249   Privilege against exposure to penalty or forfeiture--disqualification from managing corporations

250   Declarations relating to consumer contracts and small business contracts

251   Publication of advertisement in the ordinary course of business

252   Supplying consumer goods for the purpose of re-supply

253   Supplying product related services for the purpose of re-supply

254   Overview

255   Country of origin representations do not contravene certain provisions

258   Proceedings relating to false, misleading or deceptive conduct or representations

259   Action against suppliers of goods

260   When a failure to comply with a guarantee is a major failure

261   How suppliers may remedy a failure to comply with a guarantee

262   When consumers are not entitled to reject goods

263   Consequences of rejecting goods

264   Replaced goods

265   Termination of contracts for the supply of services that are connected with rejected goods

266   Rights of gift recipients

267   Action against suppliers of services

268   When a failure to comply with a guarantee is a major failure

269   Termination of contracts for the supply of services

270   Termination of contracts for the supply of goods that are connected with terminated services

271   Action for damages against manufacturers of goods

272   Damages that may be recovered by action against manufacturers of goods

273   Time limit for actions against manufacturers of goods

274   Indemnification of suppliers by manufacturers

275   Limitation of liability etc.

276   This Part not to be excluded etc. by contract

276A   Limitation in certain circumstances of liability of manufacturer to seller

277   Representative actions by the regulator

278   Liability of suppliers and linked credit providers relating to linked credit contracts

279   Action by consumer to recover amount of loss or damage

280   Cases where a linked credit provider is not liable

281   Amount of liability of linked credit providers

282   Counter-claims and offsets

283   Enforcement of judgments etc.

284   Award of interest to consumers

285   Liability of suppliers to linked credit providers, and of linked credit providers to suppliers

286   Joint liability proceedings and recovery under section 135 of the National Credit Code

287   Liability of suppliers and credit providers relating to non-linked credit contracts

288   Application of amendments relating to lay-by agreements

289   Application of amendment relating to repairs

290   Saving of regulations relating to repairs

290A   Application

291   Application of amendments relating to confidentiality of notices

292   Application of amendments relating to prohibition on supplies

295   Application of amendments

296   Application--listed public companies

297   Application--unsolicited supplies

298   Application--unsolicited consumer agreements

299   Application--single price

300   Application--non-punitive orders

301   Application--guarantees relating to the supply of services

302  Application of amendments relating to gift cards



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