House debates

Wednesday, 27 June 2018

Bills

Treasury Laws Amendment (Australian Consumer Law Review) Bill 2018; Second Reading

6:09 pm

Photo of Andrew WallaceAndrew Wallace (Fisher, Liberal Party) Share this | Hansard source

We don't talk about that. The government has also listened to my colleagues in the legal profession, and this bill contains further practical measures to improve access to justice for consumers. Schedule 1 of the bill extends the follow-on provisions of the Australian Consumer Law to more closely match those which apply to competition law and to allow private litigants to rely on admissions of fact made by the respondent in earlier proceedings as prima facie evidence in their own case. Schedule 6 extends the minister's or delegate's power to issue disclosure notices to obtain information about the safety of goods or services to third parties like other traders, test laboratories, safety consultants or consumers. Schedule 7 further removes impediments to robust investigation of wrongdoing by extending the power of the ACCC and ASIC to use their statutory powers to determine whether a contract may be unfair. Finally, schedule 8 clarifies the remedies which are available to the court to ensure that community orders can be used sensibly to get injured parties the services they need, whatever the specific qualifications of the person in breach.

Whenever I hold a seniors forum or whenever I talk to consumer groups, I, as a barrister—although I'll tell them this isn't legal advice—will try to give them some instruction. I tell them this very simple principle—and I'll use this opportunity, this megaphone of the House of Representatives, to tell all the millions of people who will be listening right now—if someone rings you and tries to sell you something or if someone knocks on your door and tries to sell you something, whatever it is they are selling, you shouldn't be buying. Not everybody's a rip-off merchant, but I always err on the side of caution. If I want to buy something, I'll go out, I'll do my research and I will look to see who the most appropriate company is to deal with. If someone knocks on your door or rings your phone and they want to sell you something, hang up; close the door.

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