Miller’s Annotated Trade Practices Act has been renamed Miller’s Australian Competition and Consumer Law Annotated due to the commencement of the Competition and Consumer Act 2010 which includes the Australian Consumer Law.
The Competition and Consumer Act 2010 (Cth) commenced on 1 January 2011. The Minister for Trade, the Hon Dr Craig Emerson, stressed that it will transform “consumer protection laws, replacing inconsistent provisions in 17 Commonwealth, State and Territory laws with a single national law.”
The profound changes in this area of law have presented Thomson Reuters with the timely opportunity to restructure and update Miller’s, thus making the product more comprehensive and user friendly to subscribers during this important period of change.
Comparative tables between provisions of the Trade Practices Act 1974 (as at 13 April 2010) and the Competition and Consumer Act 2010 (as at 1 January 2011) have been added to the product which track the changes at section level. The Tables note amendments and relocations that have occurred between 13 April 2010 (prior to the commencement of the Consumer Law reform) and 1 January 2011. The online version of the tables includes links to each provision so users can quickly access new provisions and identify where ‘older’ provisions have been relocated.
Thomson Reuters authored subsection headings have been updated to reflect the restructure, amendment and addition of provisions. These popular sidenotes aid legislative interpretation and make relevant material easier to find.
Structure of the new Act
The new Competition and Consumer Act 2010 is divided into the main Act and Schedule 2. In the body of the Act are provisions relating to competition law, including (but not limited to):
- cartel provisions;
- powers and composition of administrative and regulatory bodies;
- enforcement; and
- prices surveillance.
Schedule 2 is officially known as the Australian Consumer Law and comprises consumer protection provisions addressing:
- misleading, deceptive and unconscionable conduct;
- unfair contract terms (completely new Commonwealth provisions);
- pyramid schemes; and
- consumer guarantees.
Features new to Millers
- “Changes to the service” inform users when online annotations are added to the new Act.
- “Pending legislation” advises on the commencement status of amending Acts due to affect relevant legislation. It contains convenient links to copies of amending Bills and associated Explanatory Memorandums and Exposure Drafts.
- The online service now includes an annotated version of the current Competition and Consumer Act 2010 with annotations authored by Russell Miller.
- The online version includes “point-in-time” versions of the now superseded Trade Practices Act 1974. The superseded Act is reproduced with annotations as at 31 December 2010 (prior to the renaming of the Act), along with an unannotated version of the Act as at 13 April 2010 (prior to the commencement of the Consumer Law reforms).
Also included are the Competition and Consumer Regulations 2010 and related Regulations.
The new hardcopy edition of Miller’s Australian Competition and Consumer Law Annotated (now in its 33rd edition, despite the name change) will be available for purchase mid-March.