Trade Practices Act. 1974 (Cth)

Application of the Trade Practices Act

The Trade Practices Act (TPA) is the most widely used consumer law today. It came into operation on 1^st of October, 1974 and is federal legislation. For constitutional reasons, the Trade Practices Act generally does not apply where the seller of goods or services is not a corporation. The extended application of the TPA provides that it can apply to interstate trade or commerce within Australia trade and commerce by individuals that cross the national boundaries, and to other commercial transactions involving telephone, postal, radio television or Internet communications.

Prohibited conduct

Protection of consumers is dealt with in Part V of the Trade Practices Act which:

prohibits misleading and deceptive conduct (often in advertising and sales tactics) (s. 52);
prohibits false or misleadingrepresentations about products or guarantees (s. 53);
prohibits false representations and other misleading or offensive conduct in relation to land (s. 53A);
prohibits Bait advertising (s. 56)
prohibits harassment and coercion by Corporations (s. 60); and
generally protects your rights as a consumer in relation to unsolicited goods (goods supplied to you which you did not ask for) (s. 65).