What is a breach of the Fair Trading Act?
What is a breach of the Fair Trading Act?
A business who tries to enforce a declared unfair term against a consumer, is in breach of the Fair Trading Act. NSW Fair Trading can then apply to the Supreme Court for: an order to provide redress to consumers.
Who deals with breaches of the FTA?
If there’s evidence of a breach, the case may go to court — or it may be referred to another agency, eg the Police. Customers who believe a business has breached the FTA can also take the case to court.
Can you contract out of the Fair Trading Act 1986?
As a trader, you cannot contract out of your obligations to consumers under the Fair Trading Act.
Who administers and enforces the Fair Trading Act 1986?
The Commerce Commission
The Commerce Commission is responsible for enforcing the FTA.
How do you comply with the Fair Trading Act?
Your business must not mislead consumers about price, quality, features, deliverables or any discounts – everything must be accurate and clearly described. The Fair Trading Act makes it illegal for anyone in trade to mislead consumers, give false information, or make misrepresentations.
What power does Fair Trading have?
NSW Fair Trading investigate unfair practices and ensures that the products sold in NSW are safe and meet their regulations and safety standards. NSW Fair Trading also register co-operatives and associations, and issue occupational licences so consumers can trust the people they are dealing with.
Who enforces the Consumer Guarantees Act?
This Act is administered by the Ministry of Business, Innovation, and Employment.
What does the Consumer Guarantees Act not cover?
The Consumer Guarantees Act does not cover: goods normally bought for commercial or business purposes (for example, a photocopier for your business) goods bought for resale in trade or for use in a manufacturing process. goods given to you by a charity.
What rights does a consumer have?
Consumers are protected by the Consumer Bill of Rights. The bill states that consumers have the right to be informed, the right to choose, the right to safety, the right to be heard, the right to have problems corrected, the right to consumer education, and the right to service.
What does Fair Trading do for real estate?
NSW Fair Trading provides a free complaint service for tenants, residents, landlords and agents with real estate and property related matters or disputes.
Who regulates the Fair Trading Act?
NSW Fair Trading
NSW Fair Trading administers the NSW Fair Trading Act 1987. Fair Trading’s Acceptable business conduct provides business operators with information about how to trade fairly in New South Wales.
Can you insist on a refund?
Under consumer law, if a product or service breaks, is not fit for purpose or does not do what the seller or advertisement said it would do, you can ask for a repair, replacement or refund. For products bought in a shop, you do not have a legal right to a refund because you change your mind.
How does the Fair Trading Act protect consumers?
The Act prohibits misleading and deceptive conduct, unsubstantiated claims, false representations and certain unfair practices. It also sets out when information about certain products must be disclosed to consumers, and helps ensure products are safe.
When did the Fair Trading Act get repealed?
Title: repealed, on 18 December 2013, by section 4 of the Fair Trading Amendment Act 2013 (2013 No 143).
What can a minister do under the Fair Trading Act?
Product safety. The Fair Trading Act gives the Minister of Consumer Affairs the power to ban unsafe products or order their recall. A trader can also be instructed to inform the public why and how the goods are unsafe, offer to repair or replace the goods, or provide refunds.
What happens if you make a mistake under the Fair Trading Act?
The Act recognises a “reasonable mistake”. If an item is advertised for sale at a particular price, but you get to the shop only to be told that there has been a mistake and the item is actually more expensive, the trader doesn’t have to sell you the item for the advertised price. They’re entitled to claim a genuine mistake was made.