Small Business Self Assessment Checklist for the Australian Consumer Law

Purpose of this checklist

This checklist is designed to assist small businesses comply with the Australian Consumer Law (ACL).

Unless otherwise stated the guides mentioned in this checklist can be found on our website, www.accesscanberra.act.gov.au

About the Australian Consumer Law

The ACL aims to protect consumers and ensure fair trading in Australia while reducing businesses compliance costs. It is a national law, administered by state, territory and commonwealth governments, which came into effect on 1 January 2011.

Under the ACL, consumers have the same protections, and businesses have the same obligations and responsibilities, across Australia. Australian courts and tribunals (including those of the states and territories) can enforce the ACL.

The regulators of this law include:

• the Australian Competition and Consumer Commission (ACCC)
• each state and territory consumer protection agency.

The ACL replaces previous Commonwealth, state and territory consumer protection legislation. It is contained in a schedule to the Competition and Consumer Act 2010 (the Act).

Aspects of the ACL are reflected in the Australian Securities and Investments Commission Act 2001 (Cth) (ASIC Act), to protect consumers of financial products and services.

What the Australian Consumer Law Covers

The ACL includes:

• national regulation of general trade practices;
• national unfair contract terms law covering standard form contracts;
• national law guaranteeing consumer rights when buying goods and services, which replaces existing laws on conditions and warranties;
• national product safety law and enforcement system;
• national law for unsolicited consumer agreements, which replaces existing State and Territory laws on door-to-door sales and other direct marketing;
• simple national rules for lay-by agreements; and
• penalties, enforcement powers and consumer redress.