Consumer protection legislation - introduction

Contributed by Ian Macdonald and Su Mahalingham and current to 1 September 2005

Federal and State Parliaments have created laws aimed at protecting consumers. These laws create rights for consumers in relation to statements relating to goods or services, for defective goods, and poorly performed services. The protection given to consumers discussed are contained in three Acts of Parliament being:

• the Sale of Goods Act 1895 (WA);
• the Trade Practices Act 1974 (Cth) (“the TPA”);
• the Fair Trading Act 1987 (WA).

All of these Acts imply (“superimpose”) into contracts made between consumers and businesses certain obligations. The obligations as contained in the Acts are very similar in wording although their application varies from Act to Act. Each of these Acts will be dealt with in turn.