What is Fair Trading Act 1987 No 68 NSW?

The Fair Trading Act 1987 No 68 NSW is a consumer protection law in the state of New South Wales, Australia. The act is designed to protect consumers from unfair business practices, such as misleading or deceptive conduct, false representations, and unconscionable conduct. It also sets out the obligations of businesses in relation to consumer contracts, warranties, and refunds.

Objectives

One of the key objectives of the Fair Trading Act is to promote fair trading practices in NSW. This includes promoting competition, preventing anti-competitive behavior, and ensuring that businesses are honest and transparent in their dealings with consumers. The act applies to all businesses that operate in NSW, including those that sell goods or services, provide advice or information, or engage in marketing or advertising.

One of the main provisions of the Fair Trading Act is the prohibition on misleading or deceptive conduct. This provision prohibits businesses from making false or misleading statements about the goods or services they provide, or about the terms and conditions of those goods or services. This includes advertising or marketing that is likely to mislead consumers, as well as any conduct that is likely to create a false impression about the nature or quality of the goods or services being offered.

The act also includes provisions relating to false representations. This prohibits businesses from making false or misleading representations about a variety of matters, including the standard, quality, and value of goods or services, and the availability of repair or replacement services. It also prohibits businesses from making false or misleading representations about the need for any goods or services.

Obligations for businesses

In addition to these provisions, the Fair Trading Act also sets out a number of other obligations for businesses in relation to consumer contracts, warranties, and refunds. For example, the act requires that businesses provide consumers with clear and accurate information about the goods or services being offered, including any applicable warranties or guarantees. It also requires businesses to provide consumers with a refund or replacement if the goods or services they provide are faulty or do not meet the consumer’s expectations.

Another important provision of the Fair Trading Act is the prohibition on unconscionable conduct. This prohibits businesses from taking advantage of consumers who are vulnerable or disadvantaged, or who are unable to protect their own interests. This includes conduct that is harsh or oppressive, as well as conduct that involves taking advantage of a consumer’s disability, illness, or other personal circumstances.

Legal action against businesses

The Fair Trading Act is enforced by the NSW Office of Fair Trading, which has the power to investigate complaints, issue warnings, and take legal action against businesses that are in breach of the act. Businesses that are found to be in breach of the act can be fined, ordered to pay compensation to affected consumers, or prohibited from engaging in certain activities.

Conclusion

The Fair Trading Act 1987 No 68 NSW is an important piece of legislation that is designed to protect consumers from unfair business practices. It sets out the obligations of businesses in relation to consumer contracts, warranties, and refunds, and prohibits misleading or deceptive conduct, false representations, and unconscionable conduct. By promoting fair trading practices, the act helps to create a level playing field for businesses in NSW, and ensures that consumers are protected from exploitation and abuse.