Table 1: Persons protected under the ACL ACL protections Any person (including ‘Consumers’ (as defined Other definition of businesses) protected in section 3) protected person protected Misleading or Yes – – deceptive conduct False or Yes – – misleading representation Unconscionable Yes, other than publicly – – listed company conduct Consumer – Yes, with some exceptions – (for example, goods guarantees purchased at public auction where the auctioneer is the owner’s agent) Table 1: Persons protected under the ACL (continued) ACL protections Any person (including ‘Consumers’ (as defined Other definition of businesses) protected in section 3) protected person protected Yes, with exceptions in the Unsolicited – – regulations for consumer businesstobusiness sales agreement and party plan events (for provisions example, ‘Tupperware parties) Layby provisions – Yes – Product safety – – Applies generally to ‘consumer goods’ as defined in section 2 so protects users and buyers of those goods Unfair contract – – Individuals who enter into a standardform terms contract for the acquisition of goods, services, or interests wholly or predominantly for personal, domestic, or household use or consumption Businesses with <20 employees who enter into standard form contracts of no more than $300,000 (or
Table 1: Persons protected under the ACL ACL protections Any person (including businesses) protected ‘Consumers’ (as defined in section 3) protected Other definition of person protected Misleading or deceptive conduct Yes – – False or misleading representation Yes – – Unconscionable conduct Yes, other than publicly listed company – – Consumer guarantees – Yes, with some exceptions (for example, goods purchased at public auction where the auctioneer is the owner’s agent) – Table 1: Persons protected under the ACL (continued) ACL protections Any person (including businesses) protected ‘Consumers’ (as defined in section 3) protected Other definition of person protected Unsolicited consumer agreement provisions – Yes, with exceptions in the regulations for businesstobusiness sales and party plan events (for example, ‘Tupperware parties) – Layby provisions – Yes – Product safety – – Applies generally to ‘consumer goods’ as defined in section 2 so protects users and buyers of those goods Unfair contract terms – – Individuals who enter into a standardform contract for the acquisition of goods, services, or interests wholly or predominantly for personal, domestic, or household use or consumption Businesses with <20 employees who enter into standard form contracts of no more than $300,000 (or
ACL-Review-Interim-Report.docx