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Advertising substantiation notices: Coming to a national regulator near you

When the ACCC suspects a CSP is breaching the Trade Practices Act with unacceptable advertising, one of its main weapons is to issue a ‘section 155 notice‘.

It’s a bit like a subpoena and even a search warrant and requires the CSP to provide detailed documents, records and other information that may show it is in breach.

Now the Federal Government has agreed to give the regulator an even more effective power that will change the way CSPs need to approach advertising.

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New prices advertising law passed in Federal Parliament

The Trade Practices Amendment (Clarity in Pricing) Bill 2008 was passed by Federal Parliament on 11 November 2008.  It will come into force within the next few months – date to be announced.

The new law amends the Trade Practices Act 1974 to mandate advertising of a single buy price for certain goods and services.

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Unfair contract terms: A better balance ahead

Several legal jurisdictions worldwide have passed laws against unfair contract terms in recent years.  Victoria is among them and New South Wales looked set to adopt a similar law.

The Federal Productivity Commission has now recommended a national approach to the topic and the Ministerial Council on Consumer Affairs has decided to run with it.  Interestingly, it prefers a different model to the one now operating in Victoria.

Why the different approach ?  I think the Commission’s report accurately assesses a risk in the Victorian model.

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Uniform consumer protection laws announced

The national Ministerial Council on Consumer Affairs has announced in-principle but detailed agreement for a consistent national consumer protection law.

The Council is made up of Federal and State Ministers responsible for consumer affairs and describes the changes – expected to be fully in place by 2011 – as ‘far-reaching consumer policy reform’.

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Do Not Call Register set to increase its reach

The Australian Communications and Media Authority has released a discussion paper on possible extensions of eligibility to join the Do Not Call Register.

It goes as far as the idea that all Australia phone numbers could be allowed to register.

There’s a short period for public submissions.

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