Changes to the Australian Consumer Laws - Part 5 - Specific false and misleading representations

Business Law: 23 March 2019

A number of changes have been made to the Trade Practices Act 1974 (Cth) (TPA) as Australian Consumer Law (ACL) reforms have been progressively implemented, with the final portion commencing on 1 January 2011. In addition to these changes the TPA has been renamed the Competition and Consumer Act 2010 (Cth) (CCA).This is the 4th a series of blogs summarising the changes and the implications for businesses operating in Australia.

Specific false and misleading representations

The prohibitions on false and misleading representations previously found in s53 of the TPA have been relocated to s29 of the ACL but now in addition also prohibit:

• Making a false or misleading representation that purports to be a testimonial by any person relating to goods or services; and
• Making a false or misleading representation concerning the existence, exclusion or effect of a consumer guarantee or concerning a requirement to pay for a contractual right that is equivalent to a consumer guarantee.