Misplaced Pages

Australian Consumer Law

Article snapshot taken from Wikipedia with creative commons attribution-sharealike license. Give it a read and then ask your questions in the chat. We can research this topic together.

The Australian Consumer Law (ACL), being Schedule 2 to the Competition and Consumer Act 2010 , is uniform legislation for consumer protection, applying as a law of the Commonwealth of Australia and is incorporated into the law of each of Australia's states and territories . The law commenced on 1 January 2011, replacing 20 different consumer laws across the Commonwealth and the states and territories, although certain other Acts continue to be in force.

#454545

61-670: The Australian Consumer Law was developed by agreement of the Council of Australian Governments . The Competition and Consumer Act 2010 (referred to as Australian Consumer Law) was enacted into legislation by the Parliament of Australia to provide a more robust framework of protection for consumer transactions within Australia. Historically the States and Territories of Australia were responsible for their own legislation protecting

122-495: A vote of no confidence in the government or due to a failure to pass supply through the lower house. In either event, the prime minister is required by convention to either resign or call an election. Whether a prime minister is required to resign or call an election following an inability to pass supply through the Senate was the animating issue of the 1975 constitutional crisis . In that event, governor-general Sir John Kerr dismissed

183-689: A year. The distribution of GST required to achieve HFE is decided by the Federal Treasurer each year, on the basis of advice provided by the Commonwealth Grants Commission (CGC). Achieving HFE does not mean that the states and territories are directed how to raise revenue or how to spend their funds. GST revenue grants from the Commonwealth are unencumbered and available for any purpose. Accordingly, HFE equalises fiscal capacity, not fiscal policies which remain for

244-903: Is the Lodge in Canberra . Most prime ministers have chosen the Lodge as their primary residence because of its security facilities and close proximity to Parliament House. There have been some exceptions, however. James Scullin preferred to live at the Hotel Canberra (now the Hyatt Hotel) and Ben Chifley lived in the Hotel Kurrajong . More recently, John Howard used the Sydney prime ministerial residence, Kirribilli House , as his primary accommodation. On her appointment on 24 June 2010, Julia Gillard said she would not be living in

305-710: Is administered and enforced jointly by the Australian Competition & Consumer Commission and the State and Territory consumer protection agencies, with the involvement of Australian Securities & Investments Commission on financial services matters. The following matters are regulated federally, by virtue of the corporations power : Federal jurisdiction also extends to conduct outside Australia by bodies corporate incorporated or carrying on business in Australia, Australian citizens , and persons ordinarily resident in Australia. All other matters subject to

366-529: Is also the responsible minister for the Department of the Prime Minister and Cabinet , whose tasks include general policy development across the government, inter-governmental communications, honours and symbols policy and Indigenous government programmes. Since the emergence of the strong party system in Australia in the 1920s, prime ministers have almost always been the parliamentary leader of

427-547: Is currently the Ambassador to the United States. The deputy prime minister becomes acting prime minister if the prime minister is unable to undertake the role for a short time, for example if they are ill, overseas or on leave (and if both are unavailable, then another senior minister takes on this role). The Acts Interpretation Act 1901 confers upon acting ministers "the same power and authority with respect to

488-462: Is entitled to become prime minister and form a government. Generally, a party or coalition will have a majority in the lower house in order to provide confidence, however in periods of minority government, the larger party will rely on confidence and supply from minor parties or independents. By convention, the prime minister must be a member of the lower house. The only case where a member of the Senate

549-490: Is escorted by police vehicles from state and federal authorities. Politicians, including prime ministers, are usually granted certain privileges after leaving office, such as office accommodation, staff assistance, and a Life Gold Pass which entitles the holder to travel within Australia for non-commercial purposes at government expense. In 2017, then prime minister Malcolm Turnbull said the pass should be available only to former prime ministers, though he would not use it when he

610-439: Is still defined as a "consumer" if the good was acquired for purposes of re-supply or for the purpose of using or transforming it in trade or commerce. It accordingly extends protections relating to business behaviour, product safety and quality to businesses and farms with regard to the areas covered above. Certain provisions possess different scope in their application: These provisions are vigorously enforced. In December 2014,

671-607: Is the Loan Council , which coordinates borrowing by the federal and state and territorial governments of Australia. COAG was established in May 1992 after agreement by the then Prime Minister ( Paul Keating ), premiers and chief ministers, and it first met in December 1992. It was chaired by the Prime Minister. It met to debate and co-ordinate government activities between the federal and state or territorial governments and between

SECTION 10

#1732773002455

732-615: The 1947 New Year Honours . In addition to these honours, all deceased former prime ministers of Australia currently have federal electorates named after them. The most newly created of these electorates is the Division of Hawke , named in honour of the recently deceased Bob Hawke in 2021. The longest-serving prime minister was Robert Menzies , who served in office twice: from 26 April 1939 to 28 August 1941, and again from 19 December 1949 to 26 January 1966. In total Robert Menzies spent 18 years, 5 months and 12 days in office. He served under

793-785: The Australian Federal Police College when in Canberra. During his first term, Rudd had a staff at the Lodge consisting of a senior chef and an assistant chef, a child carer, one senior house attendant, and two junior house attendants. At Kirribilli House in Sydney, there are a full-time chef and a full-time house attendant. The official residences are fully staffed and catered for both the prime minister and their family. In addition, both have extensive security facilities. These residences are regularly used for official entertaining, such as receptions for Australian of

854-647: The Federal Court of Australia , on the application of the ACCC, issued a $ 10 million pecuniary penalty order against Coles Supermarkets in relation to two connected proceedings arising from payment demands by Coles to which it was not entitled by threatening harm to the suppliers that did not comply with such demands. In December 2021, the Federal Court found that the ACL prohibits class action waivers . The ACL

915-721: The Privy Council of the United Kingdom was accepted by all prime ministers until 1983 (with the exception of Alfred Deakin, Chris Watson and Gough Whitlam), with Malcolm Fraser being the last prime ministerial appointee. Since its introduction in 1975, former prime ministers of Australia have been appointed to the Order of Australia and to its highest level – Companion: Whitlam (1978), Fraser (1988), Gorton (1988), Howard (2008), Gillard (2017), Rudd (2019), Abbott (2020), and Turnbull (2021). Keating refused appointment in

976-516: The Westminster system and responsible government . The prime minister is formally appointed by the governor-general , who is ordinarily constrained by convention to choose the parliamentarian able to command the confidence of the House of Representatives (the lower house). Since Federation , this has almost always been the leader of the majority party or coalition . In practice, this means

1037-491: The Westminster system were thought to be sufficiently entrenched in Australia by the authors of the Constitution that it was deemed unnecessary to detail these. Indeed, prior to Federation in 1901 the terms "premier" and "prime minister" were used interchangeably for the head of government in a colony. Following a resignation in other circumstances or the death of a prime minister, the governor-general generally appoints

1098-476: The deputy prime minister as the new prime minister, until or if such time as the governing party or senior coalition party elects an alternative party leader. This has resulted in the party leaders from the Country Party (now named National Party ) being appointed as prime minister, despite being the smaller party of their coalition. This occurred when Earle Page became caretaker prime minister following

1159-659: The party (or leader of the senior party in a coalition of parties) that has a majority in the House of Representatives (which has been either the Labor Party or the Liberal Party since the 1940s). Responsible government has always required the prime minister and government to have the confidence of a majority of the lower house in order to govern, however the emergence of strong parties with members strongly punished for voting against party policy (also known as crossing

1220-475: The 1940s, the prime minister has asserted their authority to select the governor-general alone, instead of this being a cabinet decision. The power is exercised through advice to the King of Australia , who holds the de jure power to make the appointment and is by convention bound to accept such advice. The prime minister can also advise the monarch to dismiss the governor-general, though it remains unclear how quickly

1281-399: The 1970s. Prior to that, in accordance with longstanding Australian constitutional practice, convention held that an outgoing prime minister would stay on as a caretaker until the full election results were tallied. Starting with the 1972 Australian federal election on 2 December 1972, Gough Whitlam and his deputy were sworn in on 5 December 1972 to form an interim government for two weeks, as

SECTION 20

#1732773002455

1342-417: The 1997 Australia Day Honours, saying that he had long believed honours should be reserved for those whose work in the community went unrecognised and that having been Prime Minister was sufficient public recognition. Bob Hawke was appointed a Companion in 1979, for service to trade unionism and industrial relations, before becoming prime minister in 1983. Menzies was appointed to the higher grade of Knight of

1403-553: The ACL are handled by the States. Implementing identical consumer protection laws at Commonwealth and state/territory levels promotes consistency between jurisdictions. It will also make it easier for the Federal Parliament to amend the provisions which will then be reflected in the laws of the states and territories without the parliaments of each jurisdiction needing to debate and enact the amendments separately, although

1464-438: The Lodge until such time as she was returned to office by popular vote at the next general election , as she became prime minister by replacing an incumbent during a parliamentary term. Tony Abbott was never able to occupy the Lodge during his term (2013–15) because it was undergoing extensive renovations, which continued into the early part of his successor Malcolm Turnbull 's term. Instead, Abbott resided in dedicated rooms at

1525-553: The Order, which is no longer awarded, in 1976. John Howard was also appointed to the Order of Merit in 2012, whose appointments are within the personal gift of the monarch. Menzies' Knight of the Order of the Thistle awarding was also in the personal gift of Queen Elizabeth II in 1963. Although not strictly an honour, one former prime minister was raised to the peerage; Stanley Bruce was created 1st Viscount Bruce of Melbourne in

1586-675: The UK), and Frank Forde was re-elected to the Queensland Parliament (after his term as High Commissioner to Canada, and a failed attempt to re-enter the Federal Parliament). As well as Reid and Forde, five other prime ministers went on to hold diplomatic posts. Andrew Fisher, Joseph Cook and Stanley Bruce also served as High Commissioners to the United Kingdom, Gough Whitlam had served as Ambassador to UNESCO and Kevin Rudd

1647-629: The United Australia Party and the Liberal Party respectively. The shortest-serving prime minister was Frank Forde , who was appointed to the position on 6 July 1945 after the death of John Curtin , and served until 13 July 1945 when Ben Chifley was elected leader of the Australian Labor Party . The most recent prime minister to serve out a full government term in the office was Scott Morrison , who won

1708-471: The Whitlam government following the Senate's deferral of the government's budget and demand that they would not pass supply until the government called an election. The constitutional propriety of the governor-general's action during that period remains subject to vigorous debate. Despite the importance of the office of prime minister, the Constitution does not mention the office by name. The conventions of

1769-493: The Year finalists. The prime minister receives a number of transport amenities for official business. A Royal Australian Air Force operated Airbus KC-30A , transports the prime minister overseas, with two Boeing 737 MAX 8 planes available for shorter flights. For ground travel, the prime minister is transported in an armoured BMW 7 Series model. It is referred to as "C-1", or Commonwealth One, because of its number plate. It

1830-524: The absent Minister's statutory responsibilities". If the prime minister were to die, then the deputy prime minister would be appointed prime minister by the governor-general until the government votes for another member to be its leader. This happened when Harold Holt disappeared in 1967, when John McEwen was appointed prime minister. On the other two occasions that the prime minister has died in office, in 1939 and 1945 , Earle Page and Frank Forde , respectively, were appointed prime minister. In

1891-462: The brief transition periods during changes of government or leadership elections, there have only been a handful of cases where someone other than the leader of the majority party or coalition in the House of Representatives was prime minister: Compared to other Westminster systems such as those of Canada 's federal and provincial governments, the transition from an outgoing prime minister to an incoming prime minister has been brief in Australia since

Australian Consumer Law - Misplaced Pages Continue

1952-464: The cabinet are chosen by the prime minister and may be removed at any time. Additionally, the prime minister chooses the portfolio of each minister and a prime minister's resignation or dismissal leads by convention to the resignation of all other ministers. The precise authority of each individual prime minister within cabinet is uncertain, as their deliberations are secret, however in recent decades their power has increased substantially. The authority of

2013-475: The death of Joseph Lyons in 1939, and when John McEwen became caretaker prime minister following the disappearance of Harold Holt in 1967. However, in 1941, Arthur Fadden became the leader of the Coalition and subsequently prime minister by the agreement of both coalition parties, despite being the leader of the smaller party in coalition, following the resignation of UAP leader Robert Menzies. Excluding

2074-446: The early 20th century, overseas travel generally required long journeys by ship. As a result, some held the position of acting prime minister for significant periods of time, including William Watt (16 months, 1918–1919), George Pearce (7 months, 1916), Alfred Deakin (6 months, 1902), Joseph Cook (5 months, 1921), James Fenton (19 weeks, 1930–1931), John Forrest (4 months, 1907), and Arthur Fadden (4 months, 1941). Fadden

2135-537: The establishment of the COAG Business Advisory Forum and wanted wider representation on the Forum. The groups also opposed the weakening of environmental regulations. After the forum's abolition in early 2020, journalist Annabel Crabb wrote that, after initial utility in the 1990s, COAG had become a "sclerotic nightmare" producing "communiques of impenetrable bureaucratese". She suggested that

2196-585: The first of whom was Edmund Barton taking office on 1 January 1901 following federation of the British colonies in Australia . The longest-serving prime minister was Robert Menzies , who served over 18 years, and the shortest-serving was Frank Forde , who served one week. In common with other political systems based on the Westminster system , the prime minister both leads the executive government and wields significant power in Parliament . Cabinet ,

2257-426: The floor ) has meant that most prime ministers and governments have significant control over the passage of bills in this house. However, bills must also be passed by the Senate (the upper house) in order to become law and the government rarely has a majority in this house, leading to some checks on the legislative powers of the government. The prime minister also controls the date of elections, through formal advice to

2318-467: The governor-general, with such elections usually occurring within a 6-month period prior to the maximum 3-year term of the House of Representatives expiring. National Cabinet , the primary inter-governmental decision-making forum between the federal government and the states, is also chaired by the prime minister. While called a cabinet, the body is merely a discussion forum and the principles of secrecy and collective decision making do not apply. Since

2379-601: The head of the federal executive government . Under the principles of responsible government , the prime minister is both responsible to and a member of the Commonwealth Parliament . The current prime minister is Anthony Albanese of the Australian Labor Party , who assumed the office on 23 May 2022. The role and duties of the prime minister are not described by the Australian constitution but rather defined by constitutional convention deriving from

2440-477: The lower house (at which point they generally become leader of the opposition or resign) or through replacement by their parliamentary party colleagues. This later method has become increasingly common, with the office changing hands four times due to parliamentary spill and only twice due to an election in the period following the election defeat of John Howard in 2007 to the election of Anthony Albanese in 2022. A prime minister may also lose their position following

2501-519: The meetings in Canberra had produced a performative element in which state premiers sought to boost their profile at the expense of actual reforms. Prime Minister of Australia This is an accepted version of this page The prime minister of Australia is the head of government of the Commonwealth of Australia . The prime minister is the chair of the Cabinet of Australia and thus

Australian Consumer Law - Misplaced Pages Continue

2562-400: The monarch would act on such advice in a constitutional crisis . This uncertainty, and the possibility of a race between the governor-general and prime minister to dismiss the other, was a key question in the 1975 constitutional crisis . [REDACTED] [REDACTED] In ordinary circumstances, the leader of the party or coalition that has the confidence of the House of Representatives

2623-412: The next 12 to 18 months. The reforms led to a removal of the distinction between standing and select councils. At its dissolution, there were twelve COAG councils: The COAG Reform Council was established in 2010 as an independent body to advise on reforms of national significance. It was disestablished in 2014. In 2012 a group of 20 environmental organisations released a joint communiqué denouncing

2684-411: The primary decision-making body of the executive government, is chaired by the prime minister. While the prime minister has been described as the "first among equals" of the other ministers that make up cabinet, they nevertheless wield primary influence in the body. They set the agenda and processes of cabinet meetings and has the final word where a collective decision cannot be reached. Ministers making up

2745-400: The prime minister (and all other ministers) must be a parliamentarians or become one within three months to be a minister. There are no term limits for the prime minister, and they are generally entitled to continue in their role whilst they retain the confidence of the lower house. Individuals most commonly cease to become prime minister after losing an election by not obtaining a majority in

2806-500: The prime minister most often changes after an election results in a different party gaining control of the lower house or as a result of the majority party changing its leader internally between elections. The office of prime minister comes with various privileges, including the use of two official residences: The Lodge in Canberra and Kirribilli House in Sydney , as well as an office at Parliament House . Thirty-one people (thirty men and one woman) have served as prime minister,

2867-507: The prime minister to make independent policy decisions apart from Cabinet is also present, which such decisions also colloquially called "captain's calls". The prime minister also has significant influence in the setting of foreign policy, through their role as chair of the National Security Committee , a sub-committee of cabinet whose decisions do not need to be endorsed by the cabinet as a whole. The prime minister

2928-695: The remainder awarded after leaving office. Reid ( GCB , 1916), Menzies ( AK , 1976) and Fadden (GCMG, 1958) were awarded a second knighthood after leaving office. Non-titular honours were also bestowed on former prime ministers, usually the Order of the Companions of Honour . This honour was awarded to Bruce (1927), Lyons (1936), Hughes (1941), Page (1942), Menzies (1951), Holt (1967), McEwen (1969), Gorton (1971), McMahon (1972), and Fraser (1977), mostly during office as prime minister. In almost all occasions these honours were only accepted by non-Labor/conservative prime ministers. However, appointment to

2989-549: The sale of goods, known as the Trade Practices Act 1974 , where the Australian Consumer Law expands on provisions of the fair trading legislation in each state and territory to a national legislation covering the provision of goods and services, of a consumer based nature, within Australia. The ACL has a broad definition as to who is a "consumer", and it includes anyone who acquires: A person

3050-591: The scope of matters of national importance. On 29 May 2020, Prime Minister Scott Morrison announced that COAG would be replaced by a new structure based on the National Cabinet implemented during the COVID-19 pandemic . COAG grew out of the Premiers' Conferences, which had been held for many decades. These were limited to the premiers of the six states and the Prime Minister. A related organisation

3111-648: The six states, the Australian Capital Territory and the Northern Territory would have the capacity to provide services and the associated infrastructure at the same standard, if each state or territory made the same effort to raise revenue from its own sources and operated at the same level of efficiency. Currently the funds distributed to achieve HFE are the revenues raised from the Goods and Services Tax (GST), currently about AUD50bn

SECTION 50

#1732773002455

3172-481: The state and territorial governments themselves as well as issues affecting local government. COAG differed from the United States' National Governors Association or Canada's Council of the Federation , because these bodies only include state/provincial representatives, whereas COAG also included federal and local representatives. At a COAG meeting on 13 March 2020, it was announced that a new National Cabinet

3233-660: The states and territories reserve the right not to implement any amendments within their own jurisdiction. Council of Australian Governments The Council of Australian Governments ( COAG ) was the primary intergovernmental forum in Australia from 1992 to 2020. Comprising the federal government , the governments of the six states and two mainland territories and the Australian Local Government Association , it managed governmental relations within Australia's federal system within

3294-558: The states and territories to decide for themselves. It does not result in the same level of services or taxes in all states and territories, direct that the states and territories must achieve any specified level of service in any area, nor impose actual budget outcomes in accordance with the Commission's calculations. At its meeting on 13 December 2013, COAG agreed to streamline the COAG council system and refocus on COAG's priorities over

3355-412: The vote was being finalised and the full ministry makeup was being determined. On 23 May 2022 Anthony Albanese became prime minister with an interim four person ministry, two days after his victory in the election . This rapid shift was done in order for the new PM to attend a Quad meeting scheduled shortly after the election. When the results of the election were more clearly known the entire ministry

3416-644: Was acting prime minister for a cumulative total of 676 days (over 22 months) between 1941 and 1958. Prime ministers have been granted numerous honours, typically after their period as prime minister has concluded, with a few exceptions. Nine former prime ministers were awarded knighthoods: Barton ( GCMG , 1902), Reid (GCMG, 1911), Cook (GCMG, 1918), Page (GCMG, 1938), Menzies ( KT , 1963), Fadden (KCMG, 1951), McEwen (GCMG, 1971), Gorton (GCMG, 1977), and McMahon (GCMG, 1977). Of those awarded, Barton and Menzies were knighted while still serving as prime minister, with Page awarded his before becoming prime minister, and

3477-498: Was appointed prime minister was John Gorton , who subsequently resigned his Senate position and was elected as the member for Higgins in the House of Representatives. The prime minister is formally appointed to the role by the governor-general under section 64 of the Australian Constitution, however their choice is limited in normal circumstances to the individual with the confidence of the lower house. However,

3538-516: Was being formed of the Prime Minister and the premiers and chief ministers of the states and territories to coordinate the response to the COVID-19 pandemic in Australia . On 29 May 2020, Prime Minister Scott Morrison announced that COAG would be replaced by a new structure based on the National Cabinet . Australia is believed to be the first federation to have introduced a formal system of horizontal fiscal equalisation (HFE) which

3599-457: Was introduced in 1933 to compensate States which have a lower capacity to raise revenue. Many federations use fiscal equalisation to reduce the inequalities in the fiscal capacities of sub-national governments arising from the differences in their geography, demography, natural endowments and economies. However the level of equalisation sought varies. In Australia, the objective is full equalisation. Full equalisation means that, after HFE, each of

3660-593: Was no longer PM. Only one prime minister who had left the Federal Parliament ever returned. Stanley Bruce was defeated in his own seat in 1929 while prime minister but was re-elected to parliament in 1931 . Other prime ministers were elected to parliaments other than the Australian federal parliament: Sir George Reid was elected to the UK House of Commons (after his term as High Commissioner to

3721-491: Was sworn in on 1 June 2022. As of 27 August 2023, Australia's prime minister is paid a total salary of A$ 586,950 . This is made up of the 'base salary' received by all members of parliament ( A$ 225,750 ) plus a 160 percent 'additional salary' for the role of prime minister. Increases in the base salary of MPs and senators are determined annually by the independent Remuneration Tribunal. The prime minister has two official residences. The primary official residence

SECTION 60

#1732773002455
#454545