Australian consumer law
The Australian Consumer Law (ACL) is a single, national law regulating consumer protection and fair trading, which applies in the same way nationally and in each State and Territory of Australia. The ACL imposes obligations on both individuals and companies or organisations who engage in trade or commerce or supply goods or services to consumers. The ACL obliges them to act fairly and honestly and to ensure that the good and services they supply are safe.
The ACL will apply to all not-for-profit community organisations when they engage in trade or commerce or supply goods and services to consumers, and covers five main areas:
- unfair business practices;
- unfair sales practices;
- unfair contract terms;
- consumer guarantees; and
- product safety.
The ACL is particularly important when advertising about your services. Below are links to our Guide to Advertising with comprehensive information about advertising and the ACL, a fact sheet providing a brief overview of the ACL and a fact sheet providing information on consumer guarantees in the ACL.
Unsolicited selling provisions in the Australian Consumer Law
It is likely that your organisation will need to comply with the unsolicited consumer agreement provisions in the ACL if your community organisation goes door-knocking, makes unsolicited telephone calls or approaches people in public spaces to:
- sell goods or services;
- seek donations in exchange for items such as chocolates, auction items or raffle tickets.
It is important that your staff and volunteers know and understand these provisions, so that you can make sure your practices and sales agreements are compliant with the ACL. The following fact sheet will assist community organisations to understand when and how the new unsolicited consumer agreement provisions in the ACL will affect them.