Implementation
The federal Government responded to the report in its Justice Statement of May 1995.
The main recommendations of the report were agreed to or accepted in principle including recommendations aimed at encouraging voluntary compliance with the Trade Practices Act 1974 (Cth), enabling the Trade Practices Commission to bring representative actions on behalf of consumers and for an enhanced trade practices enforcement regime. The government also announced that, as well as making necessary amendments to the Trade Practices Act 1974 (Cth), it would be pursuing the Commission's recommendations on the development of a national scheme of consumer protection laws. The recommendations on new remedies and administrative powers were not accepted.
The Trade Practices Amendment Act (No 1) 2001 came into effect in July 2001. The major features of the Act are:
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An increase in the maximum penalty levels under the TPA to $1 million for offences against the consumer protection provisions.
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The ACCC has power to intervene in private proceedings and institute representative actions for contravention of the restrictive trade practices provisions.
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The court can impose non-monetary penalties such as community service orders, probation orders and adverse publicity orders for contravention of the TPA.
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The limitation periods are extended to six years.
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An amendment clarifies that the courts are to give preference to compensation over fines and pecuniary penalties if both are ordered.
Most of the provisions in this Act are based upon recommendations in ALRC 68 (although the limitation period amendment goes against ALRC recommendations).
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The information on this page was current as of January 2005
This page was updated 18 July 2008.
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