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ACCC Investigations:

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The Australian Competition & Consumer Commission (“ACCC”) enforces the Competition & Consumer Act and the Australian Consumer Law (“ACL”) contained therein. The objective of the ACCC is to promote fair trading, competition and consumer protection.

 The ACL prescribes statutory warranties that are to be implied into consumer contracts for goods and/or services. Such warranties include guarantees that: 

  • The goods will be of acceptable quality;
  • The goods and services are suitable for their designed use or purpose; 
  • The goods provided will correspond to any sample or model shown to the consumer 
  • Services will be supplied within a reasonable time, where the timeframe is not otherwise specified in the contract 
  • Services will be provided with due care and skill. 

 The ACL also regulates the conduct of the supplier or service provider. Such prohibitions include:

  • Engaging in misleading and deceptive conduct;
  • Engaging in unconscionable conduct; and
  • Issuing contracts with unfair terms. 

 

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