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After you buy or use a product, you may identify problems with it, in other words, it does not meet a consumer guarantee. Depending on the type of problem (also known as a failure under the Australian Consumer Law) the seller may have to provide a ‘remedy’, such as: a refund repairs a replacement...
Refunds and returns
You will not be covered by all of the consumer guarantees for goods: bought before 1 January 2011. These are covered by laws that were in force before 1 January 2011 – contact us for more information; bought from one-off sales by private sellers, such as garage sales and fêtes; bought at auctions,...
Your consumer rights
As a supplier, you must ensure your standard form consumer contracts comply with national unfair contract terms laws. These protect consumers against contract terms that: would cause a significant imbalance in the parties' rights and obligations under a contract; are not reasonably necessary to...
Door-to-door and telephone selling
Whatever disposal method is used for the goods, be sure to keep a record of communication with the customer, every notice sent and documents relating to your costs for storing and disposing of the goods. The Act requires that within seven days of selling or disposing of uncollected goods you must...
Disposing of uncollected goods
There are procedures to follow if your customer gives you a ‘notice of dispute’ within one month of you serving them with a Form 1, Form 2 or Form 4 as set out in the Disposal of Uncollected Goods Regulations 1971. There is no prescribed notice of dispute in the Regulations but it needs to set out...
Disposing of uncollected goods
If you sell the goods (pursuant to a court order) Deduct from the proceeds all of your lawful and reasonable moneys owed, charges and sale expenses (including advertising, storage, sales commission, insurance, etc. If there is a shortfall, you may claim the balance from the party who left the goods...
Disposing of uncollected goods
There are certain forms you need to use when notifying the various people of your intention to dispose of goods. Following these procedures and using the correct forms can save you problems later, particularly if your customers turn up wanting their goods. You should be aware that penalties apply...
Disposing of uncollected goods
Generally, service of documents can be done by: delivering them to the party personally; posting them to the party’s last known address; or leaving them at the party’s residence, or if they are a principal of a business, at the usual or last known place of business. In the case of a corporation or...
Disposing of uncollected goods
Many businesses are left holding goods which customers never return to collect. These goods often become a nuisance and take up valuable storage space. It is sometimes in your best interest to dispose of them . If you decide to take this action, the Disposal of Uncollected Goods Act 1970 and its...
Disposing of uncollected goods
If a trader uses vouchers and gift cards, they are providing a ‘non-cash payment facility’. The Australian Securities and Investments Commission (ASIC) has set requirements for vouchers and gift cards, based on the Corporations Act 2001 . Vouchers: must clearly display the expiry date can be used...
Lay-bys, vouchers and gifts

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Announcements

Businesses can gain a better understanding of their rights and obligations under the Australian Consumer Law thanks to a series of new industry guides. Commissioner for Consumer Protection Anne Driscoll urges businesses operating in five specific industries covered by the guides, to check them out. “The guides are in relation to electrical and whitegoods; travel and accommodation; personal...
Consumer Protection
Media release
30 Aug 2013
A man has been arrested in Nigeria in connection with the attempted fraudulent sale of a home in Western Australia. Ntuen Promise EKENMINI was apprehended by Nigerian authorities yesterday when he attended an international courier office and attempted to collect documents with a forged driver’s licence in the name of the South African home owner. The documents related to a supposed settlement of...
Consumer Protection
Media release
15 Aug 2013
A national furniture removal company which operates in WA has agreed to change the terms of its standard contract with customers following action by Consumer Protection. R.F. & M.D. Miller’s Moves Pty Ltd, based in Mornington Victoria, has entered into an enforceable undertaking under the Australian Consumer Law (ACL) to remove a clause in their standard contract. The contract purported to...
Consumer Protection
Media release
29 Jul 2013
Consumer Protection and WA Police Major Fraud Squad will be holding an education session in Geraldton after it was identified that in recent months more than $1 million dollars has been sent to scammers in West Africa from the Midwest region alone. Members of the community are invited to come along to the Geraldton RSL Club on 46 Chapman Road at 5.30pm, Tuesday 26 March 2013 to hear information...
Consumer Protection
Media release
22 Mar 2013
A tree lopping and garden maintenance business, which used bullying tactics against consumers, has been fined by the Perth Magistrates Court after being prosecuted by Consumer Protection. Tracey Gordon is the registered owner and Sean Robert Weinthal is an employee of Manageable Tree Services in Wanneroo, and were previously involved with Metropolitan Tree Services (deregistered) that was named...
Consumer Protection
Media release
14 Feb 2013

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