states and territories

This page deals with the Australian consumer protection regime at the state/territory level, centred on fair trading enactments and a range of other legislation in those jurisdictions.

It covers -

• introduction
• fair trading 
• major enactments
• codes and regulations

     introduction 

As noted in the preceding page of this guide, the Australian states retain substantial powers as part of federation, with the 1901 Constitution not superseding many state consumer protection responsibilities and the Australian Competition & Consumer Commission (along with other national bodies such as ACMA) accordingly co-existing with state/territory counterparts.

     fair trading 

State and territory fair trading legislation generally predates the TPA and is typically concerned with 'persons' rather than 'corporations'. It aims to strengthen consumer protection laws and is consistent with the consumer protection provisions of the TPA.

In practice the state/territory agencies have greater resources (or merely a greater incentive) for addressing concerns that are restricted to their particular jurisdiction.

     major enactments 

The main enactments are -

• Fair Trading Act 1992 (ACT) | here
• Fair Trading Act 1987 (NSW) | here
• Consumer Affairs & Fair Trading Act 1990 (NT) | here
• Fair Trading Act 1989 (Qld) | here
• Fair Trading Act 1987 (SA) | here
• Fair Trading Act 1990 (Tas) | here
• Fair Trading Act 1999 (Vic) | here
• Fair Trading Act 1987 (WA) | here

It is important to recognise that there are inconsistencies between jurisdictions and that the fair trading enactment is often the centrepiece of a diverse suite of statutes.

New South Wales legislation for example includes the

• Consumer Claims Act 1998
• Consumer Credit Administration Act 1995
• Consumer, Trader and Tenancy Tribunal Act 2001
• Co-operatives Act 1992
• Electricity (Consumer Safety) Act 2004
• Fitness Services (Pre-paid Fees) Act 2000
• Funeral Funds Act 1979
• Gas Supply Act 1996
• Landlord and Tenant Act 1899
• Motor Dealers Act 1974
• Motor Vehicle Repairs Act 1980
• Pawnbrokers and Second-hand Dealers Act 1996
• Property, Stock and Business Agents Act 2002 
• Registration of Interests in Goods Act 1986
• Residential Tenancies Act 1987
• Trade Measurement Act 1989
• Travel Agents Act 1986
• Valuers Act 2003
• Warehousemen's Liens Act 1935

in addition to the Fair Trading Act 1987.

     regulations and codes 

Most enactments provide the relevant minister or statutory officer with specific powers regarding codes of practice (ie recognise self-regulation), standards and product safety declarations.

In NSW for example the 1978 Consumer Protection (Date Stamping) Regulations and 1979 Consumer Protection (Instructions for Care Of Goods) Regulations require that specific goods carry care instructions.



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