Eligibility for Consumer Contract Protection under the Trade Practices Act

Abstract

In this article, Mr Rumble examines the 1977 amendments to the Trade Practices Act's definitions of the words “supply”, “corporation” and “consumer” and their relationship to that part of the Act which gives contractual protection to consumers. The definition sections are tested against the policy goals identified by the Swanson Committee and against the general need for simplicity in consumer protection legislation. The verdict is unfavourable. It is demonstrated that the definition sections have some anomalous results. Mr Rumble argues, further, that the definition sections are a quag of ambiguity and specific areas of uncertainty are discussed to illustrate this argument.

Mr Rumble suggests that contract protection be taken out of the Trade Practices Act and incorporated in its own legislative framework.