Australian Consumer Law Case Study

927 Words4 Pages
Assignment 2 Total Marks 100 Part A This part relates to The Australian Consumer Law or ACL. Question 1 (25 marks) I. What is the Australian Consumer Law or ACL? [3 marks] II. The federal parliament has no specific powers to make laws to protect consumers. What sections of the Commonwealth Constitution were relied upon by the federal government to pass the ACL and the earlier Trade Practices Act 1974? [5 marks] III. Briefly explain the rationale or justification for using those sections to pass the ACL. [5 marks] IV. Briefly outline the benefits to consumers and business of the ACL. [3 marks] V. Which government agencies administer the ACL? [3 marks] VI. Identify the main functions of the Australian Competition…show more content…
The shoes were advertised as being „Made in Italy‟ of „the very finest quality Italian leather‟. When Penny unwrapped the shoes at home, she discovered small stickers on the shoes indicating they were „Made in China‟ of „imitation leather‟. Penny returned the shoes to Angioletto’s Shoes & Accessories and asked for a refund of her money. The store manager apologised for the mistake, and offered to replace the shoes with real leather Italian made shoes. However, he refused to refund Penny‟s money and pointed to a sign in the store which stated: WE EXCHANGE BUT DO NOT GIVE REFUNDS. In relation to this scenario, answer the following questions: 1. Does the advertisement of the shoes “Made in Italy‟ of „the very finest quality Italian leather‟ and the no refunds sign breach the Australian Consumer Law. Explain. 2. Outline the available remedies and penalties for breach of the Australian Consumer Law. 3. Is Penny entitled to demand a refund of her money from Angioletto’s Shoes & Accessories, or must she accept the replacement shoes? Explain. 4. Assuming Penny is entitled to a refund, briefly outline the procedure for obtaining an order for a refund from the NSW Consumer Trader & Tenancy Tribunal. Part…show more content…
You could start your research by reading about compliance in the Learning Resource or go directly to the ACCC website http://www.accc.gov.au and use the search engine. There is no prescribed word length, but it is expected your answer to this question will be approximately 250-550 words. Note: If you have an interest in legal compliance in an area other than trade practices law – for example; privacy, money laundering laws, anti-discrimination or occupational health & safety legislation or you are interested in compliance with the laws regulating financial service providers – you may substitute this area of law for trade practices law in question
Open Document