Consumer Claims Act 1998 (NSW)

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An Act to provide certain remedies to consumers concerning the supply of goods and services; to repeal the Consumer Claims Tribunals Act 1987 and to amend certain Acts consequentially; and for other purposes.

Part 1Preliminary1Name of Act

This Act is the Consumer Claims Act 1998.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

2AObjects of Act

The objects of this Act are as follows:

  • (a)

    to provide remedies to consumers concerning the supply of goods and services,

  • (b)

    to simplify and improve dispute resolution for parties involved in consumer disputes.

3Definitions(cf Act No 206 of 1987, sec 3)(1)

In this Act:

banker includes a building society, credit union and any other person who carries on the ordinary business of banking.

business includes:

  • (a)

    a business not carried on for profit, and

  • (b)

    a trade or profession.

consumer means:

  • (a)

    a natural person, or

  • (b)

    a firm, or

  • (c)

    a small proprietary company, or

  • (d)

    an owners corporation constituted under the Strata Schemes Management Act 1996, or

  • (e)

    a company that owns an interest in land and has a memorandum or articles of association conferring on each owner of shares in the company a right to occupy under a lease or licence a part or parts of a building erected on the land, or

  • (f)

    an incorporated association, or

  • (g)

    an unincorporated body whose members are associated for a common purpose, or

  • (h)

    a company limited by guarantee (not being a company limited both by shares and by guarantee),

to whom or to which a supplier has supplied or agreed to supply goods or services, whether under a contract or not, or with whom or which a supplier has entered into a contract that is collateral to a contract for the supply of goods or services.

consumer claim—see section 3A.

Director-General means the Director-General of the Department of Fair Trading holding office as such under Part 2 of the Public Sector Management Act 1988.

firm has the same meaning as it has in the Partnership Act 1892.

goods means any tangible thing that is or may be the subject of trade or commerce, but does not include money or an interest in land.

services includes any rights (including rights in relation to, and interests in, property), benefits, privileges or facilities that are, or are to be, provided, granted or conferred in trade or commerce and, without limiting the generality of the foregoing, includes:

  • (a)

    the performance of work (including work of a professional nature), whether with or without the supply of goods,

  • (b)

    the provision of gas or electricity or the provision of any other form of energy,

  • (c)

    the provision, or the making available for use, of facilities for amusement, entertainment, recreation or instruction,

  • (d)

    the letting of premises for vacation or recreational purposes,

  • (e)

    the conferring of rights, benefits or privileges for which remuneration is payable in the form of…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.