Compliance with the Trade Practices Act 1974 (ALRC Report 68)

ALRC Report 68 (tabled June 1994) reviewed the sanctions, penalties, remedies and other provisions in the Trade Practices Act 1974 (TPA) relating to compliance with Part V, having regard to the need for effective compliance, difficulties that had been experienced, and the need for quick, cost effective and fair remedies.

Compliance with the Trade Practices Act 1974 (ALRC Report 68) also addressed whether the recommendations in relation to the consumer protection provisions in Part V should be applied to the provisions on restrictive trade practices in Part IV or those on unconscionable conduct in Part IVA.

The ALRC found that generally the TPA was working with the fair trading principles being effective and well regarded. However, the report outlined that there were a number of impediments to the Trade Practices Commission, lack of understanding by consumers and business as to their rights and obligations under the TPA, inappropriate court procedures, limitations in penalties and lack of access to the TPA because of the high cost of litigation.

View ALRC Report 68 in HTMLon the AustLII website.