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Application of ACL
ACL’s application in Australia covers provision of consumer guarantees, avoiding unfair business practices, product safety, sales practices, unfair contract terms, and compliance and enforcement thus ACL includes:
• “a national unfair contract terms law covering standard form consumer contracts;
• a national law guaranteeing consumer rights when buying goods and services;
• a national product safety law and enforcement system;
• a national law for unsolicited consumer agreements covering door-to-door sales and telephone sales;
• simple national rules for lay-by agreements; and
• new penalties, enforcement powers and consumer redress options” .
The Australian Consumer Law (ACL) is a Legislation for the Commonwealth of Australia that applies to the entire nation, all States, all Territories of Australia, and all Australian businesses that have taken place after 1st January 2011 .
Application of State Law
As for businesses and transactions that were conducted before 1st January 2011, previously existing “national, state and territorial consumer laws” still applies. Trade Practices Act 1974 and State Fair Trading Acts are some of the consumer law that continue to apply to previous transactions. However efforts have been made to bring previous laws in compliance with ACL by repealing, modifying or altering inconsistent provisions in order to have complete effect of ACL.
Application of Common Law
Common law is “a body of unwritten laws based on precedents established by the courts”. Common law applies to all states, nations and territories. As ACL is a special/statute law that governs rights and duties of consumers and trade practices thereby it takes precedence over common law. However, the provisions of common law ...

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...ht for breach of this section are the ones available to the aggrieved person due to the harm caused by the transgressor. For example remedy is available to the buyer for defected product. While establishing a case for sale of defaulted/defected products, the buyer can rely on the fact that he was deceived into making an error. In this sense s. 18 is a directory provision while other provisions of ACL (like chapter 4) enlist pecuniary measures that will be taken against the responsible party. These remedies are civil in nature meaning thereby that the responsible party will not be granted punishment rather the party will be liable to pay damages or monetary compensation only. The remedies available in case of breach include injunction (temporary or permanent), Damages (special, nominal etc.) and any other form of monetary compensation as ordered by the court of law.

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