Page 3571 - Week 12 - Thursday, 19 September 1991
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Another benefit of introducing a Territory fair trading Act lies in the ease of keeping such legislation relevant to the ACT business community. As new unfair trading practices come to light, the Act can be amended without delay. By way of example, I note that the New South Wales Fair Trading Act contains provisions concerning misleading conduct in the form of dual pricing of goods. The New South Wales Act makes it an offence for a trader to sell goods at a price greater than the lowest price marked on them. This also includes situations where the shelf price or advertised price is lower than the tag or sticker on the goods. This Bill picks up these provisions so that ACT consumers will have the most up-to-date protection available.
The Territory has an opportunity to be a leader in the field of consumer protection. Like its Commonwealth and State counterparts, this Bill prohibits the use of physical force or undue harassment or coercion in connection with supplying or paying for goods and services. As yet, no jurisdiction has provided guidance to consumers and traders as to what behaviour constitutes harassment or coercion. This Bill has adopted the recommendations of the report of the Australian Law Reform Commission and the Victorian Law Reform Commission concerning debt harassment. Nine different types of behaviour are provided as examples of such unacceptable behaviour, ranging from impersonating bailiffs or police to unreasonable communication with a debtor.
This brief overview highlights the main features of the draft Bill. The Government believes that this legislation holds great importance for every ACT citizen and should act as a springboard for the development of a truly competitive and fair trading marketplace in the ACT. I commend the draft Bill to the Assembly and the public alike. I present the following papers:
Fair Trading Bill -
Draft Bill.
Ministerial statement, 19 September 1991.
I move:
That the Assembly takes note of the papers.
Debate (on motion by Mr Humphries) adjourned.
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