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ANU Law School · ANU College of Law, Governance and Policy
This course investigates the new Australian Consumer Law (“the ACL”) regime that became effective on 1 January 2011. The Trade Practices Amendment (Australian Consumer Law) No 2 Act 2010 (Cth) introduced a comprehensive national consumer protection and product liability law regime. The variety of consumer protection statutes throughout Australia such as the Fair Trading Acts and Door to Door Sales Acts were entirely replaced by the ACL. In particular, the former Trade Practices Act 1974 (Cth) was replaced by the Competition and Consumer Act 2010 (Cth) (“the CCA”) that contains the ACL. Accordingly, the CCA, the ACL and the various State and Territory application legislation are now the principal sources of consumer protection and product liability law throughout Australia. The object of this elective is to introduce the Australian Consumer Law as it is applied as a law of the Commonwealth and as a law of the States and Territories. This will involve a consideration of the role and function of consumer protection and product liability laws as part of Australia's National Competition Policy, misleading and deceptive conduct and its most common forms including silence, comparative advertising, passing off, sale of businesses, breach of contract and franchising industry issues, various forms of false conduct, "special" areas of consumer concern such as pyramid selling and false claims for payments, conditions and warranties implied into consumer contracts by the ACL including the status of ‘No Refund' policies, unconscionable conduct, Industry Codes of Conduct with an examination of the franchising industry, product liability, remedies under the CCA including damages, injunctions and other orders and enforcement of the Consumer Protection and Product Liability provisions of the CCA by the Australian Competition and Consumer Commission.
The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the teaching period. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the class summary and on the course WATTLE page.
Learning outcomes 1, 2, 3, 4
- Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 36 hours of face to face teaching). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours. - Classes offered during semester periods are expected to have three contact hours per week. Students are generally expected to devote at least 10 hours overall per week to this course. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours. Click here for the LLB Program course list
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when finalised. Preliminary Reading Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course.