Competition and Consumer Amendment (Australian Consumer Law Review) Regulations 2018 (WA)
!2018103GG!
| WESTERN | 2489 |
| AUSTRALIAN |
| GOVERNMENT |
ISSN 1448-949X (print) ISSN 2204-4264 (online)
| PRINT POST APPROVED PP665002/00041 |
PERTH, FRIDAY, 29 JUNE 2018 No. 103 SPECIAL PUBLISHED BY AUTHORITY KEVIN J. McRAE, GOVERNMENT PRINTER AT 1.00 PM
© STATE OF WESTERN AUSTRALIA
FAIR TRADING ACT 2010
The following instrument is published under the Fair Trading Act Section 21
COMMONWEALTH OF AUSTRALIA
COMPETITION AND CONSUMER ACT 2010
2490 GOVERNMENT GAZETTE, WA 29 June 2018 Contents 1 Name
2 Commencement
3 Authority
4 Schedules
Schedule 1—Unsolicited consumer agreements
Competition and Consumer Regulations 2010
Schedule 2—Warranties against defects
Competition and Consumer Regulations 2010
29 June 2018 GOVERNMENT GAZETTE, WA 2491 1 Name This instrument is the Competition and Consumer Amendment (Australian
Consumer Law Review) Regulations 2018.
2 Commencement
(1) Each provision of this instrument specified in column 1 of the table commences, or
is taken to have commenced, in accordance with column 2 of the table. Any other
statement in column 2 has effect according to its terms.
Commencement information
Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this The day after this instrument is registered. 9 June 2018 instrument
Note: This table relates only to the provisions of this instrument as originally made. It will not
be amended to deal with any later amendments of this instrument.(2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under the Competition and Consumer Act 2010.
4 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or
repealed as set out in the applicable items in the Schedule concerned, and any other
item in a Schedule to this instrument has effect according to its terms.
2492 GOVERNMENT GAZETTE, WA 29 June 2018 Schedule 1— Unsolicited consumer agreements
Competition and Consumer Regulations 2010
1 Regulation 83
Before “For”, insert “(1)”.
2 At the end of regulation 83
Add:
(2) However, subregulation (1) does not apply if section 86 of the Australian
Consumer Law does not apply to, or in relation to, the unsolicited consumer agreement.
Note: Section 86 of the Australian Consumer Law may not apply to an unsolicited consumer
agreement because of regulations made under section 94 of the Australian Consumer
Law. For example, section 86 of the Australian Consumer Law does not apply to, or in
relation to, agreements of a kind specified in regulation 89 and circumstances of a kind
specified in regulations 88 and 95 of these Regulations.
3 In the appropriate position in Part 8
Insert:
Division 2—Application of amendments made by the Competition and
Consumer Amendment (Australian Consumer Law Review)
Regulations 2018
98 Application—unsolicited consumer agreements
The amendments made by Schedule 1 to the Competition and Consumer
Amendment (Australian Consumer Law Review) Regulations 2018 apply in relation
to agreements entered into on or after the commencement of that Schedule.
29 June 2018 GOVERNMENT GAZETTE, WA 2493 Schedule 2— Warranties against defects
Competition and Consumer Regulations 2010
1 Paragraph 90(1)(c)
Repeal the paragraph, substitute:
(c) a warranty against defects must include:
(i) in relation to the supply of goods only—the text mentioned in subregulation (2); or
(ii) in relation to the supply of services only—the text mentioned in subregulation (3); or
(iii) in relation to the supply of goods and services—the text mentioned in subregulation (4);
2 After subregulation 90(1)
Insert:
(1A) Paragraph (1)(c) does not apply in relation to:
(a) services mentioned in section 63 of the Australian Consumer Law; and
(b) supplies mentioned in section 65 of the Australian Consumer Law.
3 Subregulation 90(2)
Omit “For paragraph (1)(c)”, substitute “For the purposes of subparagraph (1)(c)(i)”.
4 After subregulation 90(2)
Insert:
(3) For the purposes of subparagraph (1)(c)(ii), the text is ‘Our services come with
guarantees that cannot be excluded under the Australian Consumer Law. For major
failures with the service, you are entitled:
to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract’.
(4) For the purposes of subparagraph (1)(c)(iii), the text is ‘Our goods and services
come with guarantees that cannot be excluded under the Australian Consumer Law.
For major failures with the service, you are entitled:
to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service’.
2494 GOVERNMENT GAZETTE, WA 29 June 2018 5 In the appropriate position in Part 8
Insert:
99 Application—warranties against defects
The amendments made by Schedule 2 to the Competition and Consumer
Amendment (Australian Consumer Law Review) Regulations 2018 apply in relation
to warranties against defects issued on or after the day that is 12 months after theday that Schedule commences.
———————————
Competition and Consumer Amendment
(Australian Consumer Law Review)
Regulations 2018I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.
Dated 07 June 2018
Peter Cosgrove
Governor-General
By His Excellency’s Command
Michael Sukkar
Assistant Minister to the Treasurer
Parliamentary Secretary to the Treasurer
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