House debates

Wednesday, 27 June 2018

Bills

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

6:24 pm

Photo of Darren ChesterDarren Chester (Gippsland, National Party, Minister for Veterans' Affairs) Share this | Hansard source

I rise on behalf of the Assistant Minister to the Treasurer to provide the summing up comments on behalf of the government regarding the Treasury Laws Amendment (Australian Consumer Law Review) Bill 2018.

Firstly, I'd like to thank those members who've contributed to this debate. This bill amends the Australian Consumer Law and the ASIC Act to clarify and strengthen consumer protections relating to consumer guarantees, unsolicited consumer agreements, product safety, false billing, unconscionable conduct, pricing and unfair contract terms.

Schedule 1 of this bill amends the Australian Consumer Law to ease evidentiary requirements for private litigants through expanded follow-on provisions, enabling litigants to rely on omitted facts from earlier proceedings.

Schedule 2 amends the Australian Consumer Law to extend the Australian Consumer Law and ASIC Acts unconscionable conduct protections to publicly listed companies.

Schedule 3 amends the Australian Consumer Law to amend the definition of unsolicited services, to allow the false billing provisions to apply to false bills for services not provided.

Schedule 4 amends the Australian Consumer Law to ensure that the unsolicited selling provisions operate as intended, by clarifying that the provisions can apply to public places.

Schedule 5 amends the Australian Consumer Law to enhance price transparency in online shopping by requiring that any additional fees or charges associated with preselected options are included in the headline price.

Schedule 6 amends the Australian Consumer Law to strengthen the Australian Competition and Consumer Commission's powers to obtain information about product safety by broadening the power to apply to persons likely to have relevant information rather than only the supplier.

Schedule 7 amends the Australian Consumer Law and ASIC Act to enable regulators to use their existing investigative powers to better assess whether or not a term is unfair.

Schedule 8 amends the Australian Consumer Law to allow third parties to give effect to a community service order where the trader in breach is not qualified or trusted to do so.

Schedule 9 of this bill amends the Australian Consumer Law to clarify the scope of an existing exemption from the consumer guarantees regime for the transport or storage of goods where those goods are damaged or lost in transit.

Schedule 10 amends the ASIC Act to address inconsistent terminology in relation to the sale or grant of land.

Schedule 11 amends the ASIC Act to clarify that all Australian Consumer Law related consumer protections that already apply to financial services also apply to financial products.

These amendments, taken together, improve the efficiency and effectiveness of Australia's consumer protection regime and ensure that the Australian Consumer Law continues to be fit for purpose. I commend this bill to the House.

Question agreed to.

Bill read a second time.

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