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Guidance

The ACCC, ASIC and the State and Territory consumer protection agencies have prepared guides to help businesses and legal practitioners to understand key elements of the ACL.

The guides are designed to explain the ACL in simple language, but are not a substitute for the legislation. They provide general information and examples and do not constitute legal advice or a definitive list of situations where the law applies.

The Australian Consumer Law: A Framework Overview [PDF 1.1MB] [DOCX 800KB] has also been prepared as a practical guide to understanding the ACL.

The ACL guides can be downloaded from the ACCC, ASIC or your State or Territory consumer protection agency.

Avoiding unfair business practices

The Avoiding unfair business practices guide [PDF 1.9Mb] [RTF 185KB] covers misleading or deceptive conduct, unconscionable conduct, false or misleading representations and related offences, information standards and country of origin representations.

Consumer guarantees

The Consumer guarantees guide [PDF 2.7Mb] [RTF 292KB] covers what consumer guarantees apply to goods and services, who is responsible for these guarantees and when a remedy, such as a refund, repair or replacement, may be available.

For further information and resources about consumer guarantees, visit the ACCC website. 

Product safety

The Product safety guide [PDF 2.3Mb] [RTF 182KB] covers the new national product safety regime. 

The ACCC has released guidance material to assist suppliers prepare for the implementation of mandatory reporting .

For more information about national product safety, visit the Product Safety Australia website at www.productsafety.gov.au .

Sales practices

The Sales practices guide [PDF 2.4Mb] covers unsolicited supplies, unsolicited consumer agreements, pyramid schemes, multiple pricing, lay-by agreements, referral selling and harassment and coercion.

Unfair contract terms

On 1 January 2011, the unfair contract terms provisions of the ACL applied in all jurisdictions. The unfair contract terms guide [PDF 1.8MB] [RTF 166K] explains how these provisions operate. Copies of the revised guide may be downloaded from the ACCC, ASIC or your State or Territory consumer protection agency.

In November 2010, ASIC published regulatory guidance on Early termination fees for residential loans: Unconscionable fees and unfair contract terms [PDF 236KB] .

Compliance and enforcement

The Compliance and enforcement guide [PDF 1.7Mb] [RTF 640KB] sets out the principles that guide the compliance and enforcement approach of the ACCC, ASIC and the State and Territory consumer protection agencies in administering the ACL.