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Australian Consumer Law
The Australian Consumer Law (ACL), beinto 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. History 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 the sale of goods, known as the ''Trade Practices Act 1974'', where the Australian Consum ...
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Competition And Consumer Act 2010
The ''Competition and Consumer Act 2010'' (CCA) is an Act of parliament, Act of the Parliament of Australia. Prior to 1 January 2011, it was known as the ''Trade Practices Act 1974'' (TPA). The Act is the legislative vehicle for competition law in Australia, and seeks to promote competition, fair trading as well as providing protection for consumers. It is administered by the Australian Competition & Consumer Commission (ACCC) and also gives some rights for private action. Schedule 2 of the CCA sets out the Australian Consumer Law (ACL). The Federal Court of Australia has the jurisdiction to determine private and public complaints made in regard to contraventions of the Act. Application of Act The Competition and Consumer Act (CCA) is an act of the Parliament of Australia and so its application is limited by section 51 of the Australian Constitution, which sets out the division of powers between the federal and state parliaments. As a result, most of the CCA is drafted to apply ...
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Class Action Waiver
A class action waiver is a provision found in some contracts which prohibits a party from filing a class action legal proceeding against the other party, or both parties waiving the right to file class actions against each other. Though used internationally, class action waivers, just like class action lawsuits, are predominantly an American phenomenon and most frequently both found and upheld in the United States and agreements with American citizens. Class action waivers may be found on a standalone basis, though they are more commonly found as part of an arbitration clause, and when paired with such clauses, frequently include jury trial waivers. All three clauses are the subject to controversy and wide legal debate, with supporters claiming the tools are strong risk management tools and the expense that class action litigation presents both in regard to time and money, though advocacy groups argue that these clauses reduce the rights of consumers and employees and prevent compan ...
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Consumer Protection Legislation
A consumer is a person or a group who intends to order, or use purchased goods, products, or Service (economics), services primarily for personal, social, family, household and similar needs, who is not directly related to entrepreneurial or business activities. The term most commonly refers to a person who purchases goods and services for personal use. Rights "Consumers, by definition, include us all", said President John F. Kennedy, offering his definition to the United States Congress on March 15, 1962. This speech became the basis for the creation of World Consumer Rights Day, now celebrated on March 15. In his speech, John Fitzgerald Kennedy outlined the integral responsibility to consumers from their respective governments to help exercise consumers' rights, including: *The right to safety: To be protected against the marketing of goods that are hazardous to health or life. *The right to be informed: To be protected against fraudulent, deceitful, or grossly misleading inf ...
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Australian Legislation
The legal system of Australia has multiple forms. It includes a written Constitution of Australia, constitution, unwritten Constitutional convention (political custom)#Australia, constitutional conventions, statutes, Delegated legislation in the United Kingdom, regulations, and the judicially determined Common law in Australia, common law system. Its legal institutions and traditions are substantially derived from that of the English legal system, which superseded Indigenous Australian customary law during colonisation. Australia is a common-law jurisdiction, its court system having originated in the common law system of English law. The country's common law is the same across the states and territories.. The Constitution of Australia, Australian Constitution sets out a federal system of government. There exists a national legislature, with a power to pass laws of overriding force on a number of express topics. The states are separate jurisdictions with their own Judiciary of Aus ...
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Australian Federal Parliament
The Parliament of Australia (officially the Parliament of the Commonwealth and also known as the Federal Parliament) is the federal legislature of Australia. It consists of three elements: the monarch of Australia (represented by the governor-general), the Senate (the upper house), and the House of Representatives (the lower house).''Australian Constitution's 1– via Austlii. The Australian Parliament combines elements from the British Westminster system, in which the party or coalition with a majority in the lower house is entitled to form a government, and the United States Congress, which affords equal representation to each of the states, and scrutinises legislation before it can be signed into law. The upper house, the Senate, consists of 76 members: twelve for each state, and two for each of the self-governing territories. Senators are elected using the proportional system and as a result, the chamber features a multitude of parties vying for power. The governing party ...
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Australian Citizen
The primary law governing nationality of Australia is the Australian Citizenship Act 2007, which came into force on 1 July 2007 and is applicable in all states and territories of Australia. All persons born in Australia before 20 August 1986 were automatically citizens at birth regardless of the nationalities of their parents. Individuals born in the country after that date receive Australian citizenship at birth if at least one of their parents is an Australian citizen or permanent resident. Children born in Australia to New Zealand citizens since 1 July 2022 also receive Australian citizenship at birth. Foreign nationals may be granted citizenship after living in the country for at least four years, holding permanent residency for one year, and showing proficiency in the English language. Australia is composed of several former British colonies founded in the 18th and 19th centuries whose residents were British subjects. After federation as a Dominion within the British E ...
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Corporations Power
Section 51(00) of the Australian Constitution is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the power to legislate with respect to "foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth". This power has become known as "the corporations power", the extent of which has been the subject of numerous judicial cases. Jurisprudence to 1971 After the High Court's decision in '' Huddart, Parker & Co Ltd v Moorehead'' (1909), the "corporations" power was largely ignored as a basis for Commonwealth legislation. The majority judges agreed in this case that the power should be construed narrowly, though they were unable to agree on any appropriate interpretation. Their approach reflected the perceived need to protect "the reserved powers of the States", an idea abandoned in 1920 as a result of the '' Engineer' case''.. Justice Issacs dissent in ''Huddart, Parker & Co.'' gave a broad mean ...
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Australian Securities & Investments Commission
The Australian Securities and Investments Commission (ASIC) is an independent commission of the Australian Government tasked as the national corporate regulator. ASIC's role is to regulate company and financial services and enforce laws to protect Australian consumers, investors and creditors. ASIC, which reports to the treasurer, was established on 1 July 1998 following recommendations from the Wallis Inquiry. Areas of responsibility ASIC's authority and scope are determined by the ''Australian Securities and Investments Commission Act 2001''. ASIC's areas of responsibility include: *corporate governance *financial services *securities and derivatives *insurance *consumer protection *financial literacy ASIC's consumer websitwww.moneysmart.gov.auwas launched on 15 March 2011. MoneySmart replaced ASIC's two previous consumer websites, FIDO and Understanding Money. MoneySmart aims to help people make good financial decisions by providing free, independent and unbiased inform ...
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Australian Competition & Consumer Commission
The Australian Competition and Consumer Commission (ACCC) is the chief competition regulator of the Government of Australia, located within the Department of the Treasury. It was established in 1995 with the amalgamation of the Australian Trade Practices Commission and the Prices Surveillance Authority to administer the '' Trade Practices Act 1974'', which was replaced by the ''Competition and Consumer Act 2010'' on 1 January 2011. The ACCC's mandate is to protect consumer rights and business rights and obligations, to perform industry regulation and price monitoring, and to prevent illegal anti-competitive behaviour. Historical origins The ACCC's deeper origins are found in the Restrictive Trade Practices Act of Sir Garfield Barwick, Attorney-General in the Liberal Government of Sir Robert Menzies in 1965.Hocking, Jenny, ''Lionel Murphy: a political biography'', Cambridge University Press, Cambridge, UK, 2000 . p.204 Opponents derided Barwick's Trade Practices Act 1965 as " ...
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DLA Piper
DLA Piper is a law firm with offices in over 40 countries across the Americas, Asia Pacific, Europe, Africa, and the Middle East. It was founded in 2005 through the merger between three law firms: San Diego–based ''Gray Cary Ware & Freidenrich LLP'', Baltimore-based ''Piper Rudnick LLP'' and United Kingdom–based ''DLA LLP''. DLA Piper is now composed of multiple partnerships operating under a shared global network in an organizational structure known as a Swiss Verein. History Origins DLA Piper's origins can be traced back to four law firms: Dibb Lupton Broomhead, Alsop Stevens, Piper & Marbury, and Rudnick & Wolfe. Dibb Lupton Broomhead was a UK law firm that was formed in 1988 after the merger of Dibb Lupton and Broomhead & Neals. In 1996, the firm merged with the Liverpool-based law firm, Alsop Wilkinson, and became Dibb Lupton Alsop (DLA). Meanwhile, in the United States, Piper & Marbury was founded in Baltimore, Maryland, and merged with Chicago-based Rudnick & Wolfe ...
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Commonwealth Of Australia
Australia, officially the Commonwealth of Australia, is a country comprising the mainland of the Australian continent, the island of Tasmania and numerous smaller islands. It has a total area of , making it the sixth-largest country in the world and the largest in Oceania. Australia is the world's flattest and driest inhabited continent. It is a megadiverse country, and its size gives it a wide variety of landscapes and climates including deserts in the interior and tropical rainforests along the coast. The ancestors of Aboriginal Australians began arriving from south-east Asia 50,000 to 65,000 years ago, during the last glacial period. By the time of British settlement, Aboriginal Australians spoke 250 distinct languages and had one of the oldest living cultures in the world. Australia's written history commenced with Dutch exploration of most of the coastline in the 17th century. British colonisation began in 1788 with the establishment of the penal colony o ...
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Coles Supermarkets
Coles Supermarkets Australia Pty. Ltd., doing business as Coles, is an Australian supermarket, retail and consumer services chain, headquartered in Melbourne as part of Coles Group. Founded in 1914 in the suburb of Collingwood, Victoria, Collingwood by George Coles (businessman), Sir George Coles, the company currently operates 846 supermarkets throughout Australia, including several now-re-branded Bi-Lo (Australia), Bi-Lo stores. Coles has over 120,000 employees and accounts for around 27 per cent of the Australian market. Coles Online is the company's online shopping ('click & collect' and home delivery) service. Between 1986 and 2006, Coles Supermarkets was a brand of Coles Myer, later Coles Group, prior to Wesfarmers purchasing Coles Group in 2007. It became a subsidiary of Coles Group again after Wesfarmers Corporate spin-off, spun off the business in November 2018. In 2020, Coles changed its slogan to "Value the Australian way". History George Coles (entrepreneur), Ge ...
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