Council of Australian Governments (COAG)
Changes to consumer laws in Australia are set to have a significant impact on consumer protection in Western Australia
The 36 reforms referred to in the National Partnership Agreement to Deliver a Seamless National Economy include:
- 27 deregulation reform priorities;
- eight priority areas for competition reform; and
- a commitment to develop and enhance existing processes for regulation making and review.
Of the 27 deregulation priorities the following will directly impact on consumer protection laws:
- National Licensing System
- Trade Measurement
- Wine Labelling
- Consumer Policy Framework – The Australian Consumer Law
- Product Safety
- Credit and Finance
- Registering Business Names
- Personal Property Securities (PPS)
- Standard Chart of Accounts and Fundraising
National Licensing System
Expected implementation date:
January 2011 – New National Occupational Licensing Authority
July 2012 – Commencement of new National Licensing System
A new national licensing system, initially for five selected occupation groups, is to be established in accordance with COAG’s Intergovernmental Agreement (IGA) signed in April 2009. The occupations to be included: builders, painters, plumbers, real estate agents, settlement agents, and land valuers, are all licensed with the Commerce portfolio.
Under the IGA a new National Occupational Licensing Authority will be established which will delegate the actual administration of licensing to existing State and Territory agencies.
Copies of the IGA and the RIS are available from the National Licensing website.
In general terms, the purpose of the reform is to make it easier for people to work in different States or Territories, while maintaining licensing standards.
Trade Measurement
Implementation date: 1 July 2010
From 1 July 2010 the National Measurement Institute (NMI), Australia’s peak measurement body, has assumed the responsibility of trade measurement nationally.
The National Trade Measurement Act and the new National Trade Measurement Regulations 2009 (Cth) are available online
The NMI has produced a fact sheet with a general overview of the regulations.
The NMI website has further information on the transition to a national system of trade measurement.
Wine labelling
Implementation date: Completed 2009
Requirements for the labelling of the volume in wine containers have been amended so Australia can become a signatory to the World Wine Trade Group’s Agreement on Wine Labelling.
Consumer Policy Framework - Australian Consumer Law
Expected implementation date: 1 January 2011
This project aims to establish a consistent set of generic consumer laws. It will align the consumer protection provisions of the Commonwealth Trade Practices Act and all States’ and Territories’ Fair Trading Acts. The generic consumer law will be known as the Australian Consumer Law. See Mr Bradbury’s media release
The first stage involved establishing unfair contract terms provisions and extending enforcement powers for the Australian Competition and Consumer Commission (ACCC). Further information passage of the Trade Practices Amendment (Australian Consumer Law) No1 Act can be found on the Parliament website.
The second stage of the amendments will commence on 1 January 2011 known as the Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010. Western Australia proposes to introduce all the relevant amendments in one process, to commence on 1 January 2011. This Act can be found on the parliamentary website
The draft ACL Regulations and draft ACL Guides have been released for public comment. These are available on the public consultations page of the new ALC Website.
Enforcement of the Australian Consumer Law will remain a joint responsibility of the ACCC and State/Territory consumer agencies.
There are several guides available explaining the changes that will occur as a result of this new legislation, including:
- The Australian Consumer Law: An Introduction
- The Australian Consumer Law: A Guide to Provisions
Both are available at http://www.treasury.gov.au/consumerlaw/content/consultation.asp
The text of the Acts as well as Explanatory Memoranda can be found at:
or alternatively from:
More information can be found at the new ACL Website
Product Safety Legislation
Expected implementation date: 1 January 2011
Amendments to product safety legislation have been integrated with the Consumer Policy Framework project and will be a part of the Australian Consumer Law. Changes to the existing law will allow individual States and Territories to establish temporary bans but only the Commonwealth Minister will be able to impose permanent bans.
Enforcement of the product safety laws will remain a joint responsibility of the ACCC and State/Territory consumer agencies. The Product Safety website has further information on the new national system for Product Safety
Credit and Finance Broking
Transition date: 1 July 2010
This COAG project has resulted in the enactment by the Commonwealth of the National Consumer Credit Protection Act 2009 with the Australian Securities and Investments Commission (ASIC) taking on the responsibility for:
- regulating consumer credit and the activities of finance brokers, and
- a national licensing regime for both credit providers and finance brokers.
The National Consumer Credit Protection Act 2009 has replaced the existing State-based Uniform Consumer Credit Code. The Code has been adopted in Schedule 1 of the Act as the National Credit Code. The National Consumer Credit Protection Act 2009 is now in force. This legislation governs the provision of credit for use mainly for personal, household or domestic purposes. Disclosure requirements and maximum interest rates are a central part of these laws. Rules relating to consumer credit and finance broking will now be administered by ASIC and copies of all the relevant documents are available from the Commonwealth Treasury
Registering Business Names
Expected transition date: 28 May 2012
Responsibility for registering business names will be transferred from the States and Territories to the Commonwealth Government. Business names will be recorded in a national register to be administered by the Australian Securities and Investments Commission (ASIC).
Existing business names will be transferred from State and Territory registers to the national system.
Personal Property Securities (PPS)
Transition date: 30 January 2012
As part of the personal property securities (PPS) reforms, a national register has been established to record security interests in personal property. The PPS Register replaced the Western Australian Register of Encumbered Vehicles (REVS) and equivalent registers in other States and Territories.
The PPS Register applies to many forms of personal property such as cars, boats and crops. A potential purchaser of the property can use the PPS Register to determine whether there are any existing interests (or encumbrances) in the property.
The PPS Register is administered by the Insolvency and Trustee Service of Australia (ITSA) and is available online at www.ppsr.gov.au or by calling 1300 007 777.
Standard Chart of Accounts and Fundraising
Expected implementation date: dates to be notified (new initiative).
COAG agreed to add to its reform program two matters relating to not-for-profit organisations in April 2009. The time frame for their creation and implementation is 1 July 2012
The first matter is the development of a standard chart of accounts for use by not-for-profit organisations. The second is harmonisation of the regulation of fundraising in Australia. Both of these initiatives are relevant to Consumer Protection in WA, which regulates incorporated associations and charitable fundraising.