The new Australian Consumer Law (ACL) replaces previous Commonwealth, State and Territory consumer protection legislation in Fair Trading Acts and the Trade Practices Act 1974. The ACL will be contained in a schedule to the Competition and Consumer Act 2010.

In NSW it is proposed that it will be known as the Australian Consumer Law (NSW) and will replace parts of the NSW Fair Trading Act 1987.

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

The new law will also include:

• best practice from existing State and Territory legislation, including unfair contract terms
• national product safety regulation
• new consumer guarantees
• new penalty, enforcement and redress provisions.

There will be joint enforcement of the law by the Australian Competition and Consumer Commission (ACCC) and State and Territory fair trading/consumer affairs agencies. There are two phases to the implementation of the new law.

Resources are being developed to assist industry and consumers understand the new law.

Commencement date

1 July 2010 – unfair contract terms
1 January 2011 – the remaining provisions as listed above.

More information

Australian Consumer Law Update - October 2010
NSW Fair Trading - Unfair contract terms
Australian Consumer Law website
Product Safety Australia website

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