CCAAC has released an Issues Paper and invites interested stakeholders to comment on the paper by 24 May 2013.

In Australia and New Zealand, the Benchmarks for Industry-based Customer Dispute Resolution Schemes (the Benchmarks) play an important role in guiding effective practice for the delivery of industry-based customer dispute resolution services. There have been a number of developments since the Benchmarks’ release in 1997. Changes in technology, dispute resolution methodologies as well as an increasing number and diversity of schemes mean that there is value in re-examining the Benchmarks.

The CCAAC has developed this Issues Paper, Review of the Benchmarks for Industry based Customer Dispute Resolution Schemes to:

• raise issues being considered by CCAAC in relation to the review; and
• seek public and stakeholder comments in relation to these issues.

Responses are requested by 5:00pm on 24 May 2013.

Terms of reference

The Assistant Treasurer, on behalf of the COAG Governance and Legislative Forum on Consumer Affairs (CAF), requests the CCAAC to review the Benchmarks for Industry based Customer Dispute Resolution Schemes document (the Benchmarks Document) that was issued by the then Commonwealth Minister of Customs and Consumer Affairs in August 1997.

For the review, CCAAC is requested to:

• review the current function and use of the Benchmarks Document;
• consider for each benchmark, the ongoing relevance and usefulness of the underlying principles, purposes and key practices;
• assess whether the Benchmarks Document is meeting the objective of acting as a guide to effective practice for those industry sectors with customer dispute resolution schemes; and
• consider how the Benchmarks Document could be modernised or enhanced, including through the development of implementation guidance.

CCAAC is requested to consider the views of interested stakeholders.

BACKGROUND

The Benchmarks Document states the principles, purposes and key practices for the benchmarks of Accessibility, Independence, Fairness, Accountability, Efficiency and Effectiveness. The Benchmarks Document guides effective practice for those industry sectors with schemes to resolve disputes between their industry members and individual consumers. The Benchmarks Document also serves as a guide for consumers as to what they should expect from dispute resolution schemes.

The benchmarks are referenced in both Australia and New Zealand for the approval of dispute resolution schemes where participation is required by legislation for some industry sectors.

The Benchmarks Document was developed with the assistance of industry sector dispute resolution schemes, consumer groups, government and regulatory authorities.

Downloads

CCAAC Issues Paper – Review of the Benchmarks for Industry-based Customer Dispute Resolution Schemes [PDF - 517 KB]

CCAAC Issues Paper – Review of the Benchmarks for Industry-based Customer Dispute Resolution Schemes [DOCX - 201 KB]

The Benchmarks for Industry-based Customer Dispute Resolution Schemes [PDF - 55 KB]

The competitiveness of the automotive repair industry is of significant importance to Australian consumers.  Motor vehicle ownership in Australia is at more than one vehicle for every two people, and vehicle servicing and repair is a key aspect of vehicle ownership.  On the whole, a wide range of automotive repair services are available to consumers at this time, and CCAAC urges industry to develop appropriate industry‑led outcomes to ensure that this continues to be the case.  CCAAC will also continue to monitor developments in this industry.

Review status

This review is closed

Terms of reference

On 9 March 2011, the Parliamentary Secretary to the Treasurer, the Hon David Bradbury MP, requested that CCAAC report on:

• Whether there is evidence of consumer detriment due to the practice of manufacturers and importers failing to share information with independent repairers of motor vehicles;
• Evidence of the impact of lack of access to proprietary repair information on independent repairers and the market for motor vehicle repairs;
• The nature and effectiveness of international approaches to the sharing of repair information for motor vehicles; and
• The views of stakeholders, including consumer groups, motor vehicle manufacturers and importers, independent repairers, motoring organisations and peak motor vehicle industry bodies.

Downloads

CCAAC Final Report - Sharing of repair information in the automotive industry [PDF]

CCAAC Final Report - Sharing of repair information in the automotive industry [DOC]

CCAAC Issues Paper – Sharing of Repair Information in the Automotive Industry

The formal consultation period of this inquiry closed at 5.00pm on Thursday, 31 January 2013.  Stakeholders who would like to provide input to this inquiry can continue to do so, however it will be considered at the discretion of CCAAC.   Input can be provided via three methods including:

1. uploading a submission;
2. commenting on individual paragraphs of your choice in the Issues Paper; or
3. responding to the survey.

You can choose to respond via a single method, by a combination of methods, or by all three methods.

Submissions to the inquiry

Submissions to the inquiry can be made by using the form below and uploaded via the ‘Submit’ button or sent to the CCAAC email or postal address. Please note that you will need to provide your name and email address when making submissions to the inquiry. All submissions will be made available to the public on the CCAAC website unless you indicate that you would like all or part of your submission to remain in confidence.   If you would like your submission, or any part of it, to be treated as ‘confidential’, please indicate this clearly in your submission.

Downloadable version of the Issues Paper:

• App purchases by Australian consumers on mobile and handheld devices (PDF – 521kb)
• App purchases by Australian consumers on mobile and handheld devices (RTF – 402kb)

CCAAC has received 17 non-confidential submissions to this inquiry.

Australian Communications Consumer Action Network [PDF 1,429 KB]
Australian Information Industry Association [PDF 634 KB]
Australian Interactive Media Industry Association [PDF 174 KB]
Australian Mobile Telecommunications Association [PDF 823 KB]
Centre for Internet Safety [PDF 262 KB]
Choice [PDF 607 KB]
Commissioner for Children and Young People Western Australia [PDF 100 KB]
Consumer Action Law Centre [PDF 73 KB]
Craddock, Steve [PDF 12 KB]
Game Developers’ Association of Australia and Interactive Games & Entertainment Association [PDF 2,946 KB]
Google [PDF 1,197 KB]
Horton, David [PDF 688 KB]
Medical Technology Association of Australia [PDF 566 KB]
Office of the Australian Information Commissioner [PDF 659 KB]
Telecommunications Industry Ombudsman [PDF 371 KB]
Trend Micro [PDF 414 KB]
WMC Global [PDF 478 KB]

Commenting on paragraphs of the Issues Paper

You can also respond to this inquiry by providing comments on individual paragraphs of the Issues Paper on the “App purchases by Australian consumers on mobile and handheld devices: Issues Paper” page. Follow the speech bubble icon to post comments or view your comments.  You will need to provide your name and email address to comment, and you’re able to comment on as many paragraphs of the Issues Paper as you wish.  Your comments will not be published on the CCAAC website, however they may be referenced in the final report.

Responding to the survey

You can also choose to provide your views via a short survey on the “App purchases by Australian consumers on mobile and handheld devices: Survey” page. The aggregated results from all respondents to the survey will be used in the final report of the inquiry.

If you have any questions on the inquiry please use the Contact Form to get in contact with us.

Written submissions can also be addressed to CCAAC@treasury.gov.au or

CCAAC Secretariat
c/- The Manager
Consumer Policy Framework Unit
Competition and Consumer Division
The Treasury
Langton Crescent
Parkes  ACT 2600

Background to the inquiry

On 5 November 2012, the Assistant Treasurer, the Hon David Bradbury MP, released the Terms of Reference.

Technology is evolving at a rapid pace opening new markets and creating new opportunities for consumers.  Consequently, online markets associated with mobile and handheld devices are expanding. These markets allow consumers to purchase digital content (or applications, ‘apps’) such as music, movies, magazines, software programs and games.  There are various options for downloading and using this content through the most popular ‘ecosystems’ and may also feature ongoing subscription-based and ad-hoc ‘in-app’ purchases beyond the initial free or paid download.

The Commonwealth Consumer Affairs Advisory Council (CCAAC) will conduct an inquiry into the experiences of Australian consumers with downloading apps, including free and paid apps, and making in-app purchases, on mobile phone and handheld devices.

Terms of reference

Under its terms of reference, CCAAC will examine the following matters as part of its inquiry:

• the characteristics, features and trends of app markets in Australia;
• consumer experiences when downloading and using such content, including when used by children;
• adequacy of the information being disclosed to consumers about the costs associated when downloading and using this content before and after it is downloaded;
• adequacy of existing measures to address any consumer concern, including the legal protections available to consumers, the adequacy of default settings to ensure consumers are making an active decision before incurring additional charges, the availability and ease of use of ‘opt out’ features, the adequacy of existing parental controls for app stores and how these controls are promoted to consumers, and any other industry initiatives; and
• actions that can be taken by consumers, industry and governments to help improve consumer experiences when making in-app purchases, including international approaches.

Gift cards in the Australian market

On 6 July 2012 the Hon David Bradbury MP, released the CCAAC final report on Gift cards in the Australian market.

Gift cards are a market response to a consumer demand. On the whole, consumers benefit when giving and receiving gift cards. CCAAC encourages industry to develop and promote industry best practices when issuing gift cards.

Acrobat (PDF) – Gift Cards - CCAAC Final Report 2 MB

The sharing of repair information in the automotive industry

On 15 July 2011, CCAAC released its issues paper on the Sharing of repair information in the automotive industry.

CCAAC has been asked to report on whether there is evidence of consumer detriment due to any restrictions experienced by independent repairers in obtaining repair information.

Acrobat (PDF) – Sharing of Repair Information – CCAAC Issues Paper 287 kB

Ticket onselling in the Australian market

On 3 December 2010, the Hon David Bradbury MP, released the CCAAC final report on Ticket onselling in the Australian market.

Sports, the performing arts and other live entertainment events play an important role in the lives of many Australians. CCAAC found there is a tendency for issues to arise when consumers are unable to access tickets to popular events which often leads to consumer dissatisfaction. This report examines the current ticket market and considers the impact of ticket onselling on consumers.

Acrobat (PDF) – Ticket Onselling - CCAAC Final Report 2 MB

Reforming statutory implied conditions and warranties

On 30 October 2009 the CCAAC presented the Hon Dr Craig Emerson MP, with its report Consumer rights: Reforming statutory implied conditions and warranties.

Clarity and awareness of the law, combined with clear and effective methods for redress, are fundamental attributes in the law, and have been identified as being imperative in addressing the issues faced by consumers, retailers and manufacturers. This report considers how these issues can be addressed to protect and enhance the wellbeing of consumers now and into the future.

Acrobat (PDF) – Consumer Rights – CCAAC Final Report 956 kB

On 1 January 2011 the Australian Consumer Law (ACL) commenced.

The ACL includes:

• a new, national unfair contract terms law covering standard form contracts;
• a new, national law guaranteeing consumer rights when buying goods and services, which replaces existing laws on conditions and warranties;
• a new, national product safety law and enforcement system;
• a new, national law for unsolicited consumer agreements, which replaces existing State and Territory laws on door-to-door sales and other direct marketing;
• simple national rules for lay-by agreements; and
• new penalties, enforcement powers and consumer redress options, which currently apply nationally.

The ACL applies nationally and in all States and Territories, and to all Australian businesses. For transactions that occurred up to 31 December 2010, the previous national, State and Territory consumer laws continue to apply.

For more information visit the Australian Consumer Law website at http://www.consumerlaw.gov.au.

Enhancing CCAAC’s consultation capabilities

This website will provide CCAAC with new capabilities for consulting with stakekholders.  CCAAC does not have any open consultations.

Gift cards are a market response to a consumer demand. On the whole, consumers benefit when giving and receiving gift cards. CCAAC encourages industry to develop and promote industry best practices when issuing gift cards

Review status

This review is closed

Terms of reference

The former Parliamentary Secretary to the Treasurer, now the Assistant Treasurer, on behalf of the Ministerial Council on Consumer Affairs, has requested CCAAC to examine:

• issues in relation to the purchase and use of gifts cards in Australia, for example, expiry dates, the discharge of low balances on gift cards, the disclosure of terms, conditions and fees of gift cards and the extent of unredeemed gift card balances;
• if there is consumer detriment, determine the level of consumer detriment arising from the terms and conditions of gift cards;
• the views of stakeholders affected by gift card sale practices, including consumers, retailers and other traders, insolvency practitioners and peak industry and consumer bodies;
• potential losses from insolvencies for consumers who hold a gift card;
• the effectiveness of international regulatory initiatives that seek to address consumer concerns related to gift cards and the appropriateness of these approaches to the Australian marketplace; and
• options to address any consumer detriment arising from the sale of gift cards.

Downloads

CCAAC Final Report – Gift Cards in the Australian Market

CCAAC Issues Paper – Gift Cards in the Australian Market

Review Status

This review is closed.

Terms of reference

On 4 December 2009 following consumer concerns raised by the NSW Minister for Fair Trading, the Hon Virginia Judge MP, the Ministerial Council on Consumer Affairs (MCCA) requested that the Minister for Competition Policy and Consumer Affairs, the Hon Dr Craig Emerson MP, invite the Commonwealth Consumer Affairs Advisory Council (CCAAC) to examine issues related to the practice of ticket onselling.  CCAAC agreed to conduct the review with the assistance of NSW Fair Trading. CCAAC, under its terms of reference and having regard to MCCA’s interest in this issue, will examine the practice of ticket scalping and possible responses including, if any, legislative options and their cost and effectiveness.
CCAAC will consider:

• whether there is consumer detriment and, if so, the level of detriment posed by ticket onselling practices;
• the views of stakeholders affected by ticket onselling practices, including consumer groups, ticketing organisations, auction/reselling websites, and peak sporting and live entertainment bodies;
• actions currently undertaken by industry that seek to limit ticket purchasing by scalpers for re sale;
• the identification of any non regulatory options that could address any harmful practices arising from ticket onselling practices;
• the effectiveness of consumer information to address any consumer detriment associated with ticket onselling practices;
• the effectiveness of current legislation related to ticket onselling practices;
• the impact of technology on ticket onselling practices; and
• the effectiveness of international approaches that address any consumer detriment related to ticket onselling and the appropriateness of these approaches for the Australian marketplace.

Downloads

CCAAC Final Report – Ticket Onselling

Review status

This review is closed.

Terms of reference

In its 2008 Review of Australia’s Consumer Policy Framework the Productivity Commission (PC) recommended that the adequacy of existing legislation related to implied conditions and warranties (implied terms) should be examined as part of the development of the new national generic consumer law.

In 2008, the Ministerial Council on Consumer Affairs (MCCA) decided that the Australian Government would initiate a review of the relevant provisions of the Trade Practices Act 1974 and state and territory fair trading and goods legislation with the aim of developing clear codified law to be applied nationally and, further, that the review should include a consideration of ‘lemon laws’.

On 12 March 2009, the then Assistant Treasurer and Minister for Competition Policy and Consumer Affairs, the Hon Chris Bowen MP, announced a review of the Australian law on implied terms by the Commonwealth Consumer Affairs Advisory Council (CCAAC).

CCAAC, under its terms of reference, will examine the existing laws on implied terms in the Trade Practices Act 1974 and state and territory fair trading and goods legislation and, in particular, consider:

• the adequacy of the current laws on implied terms;
• the need for any amendments to the current laws on implied terms and, if so, how those amendments would improve existing laws and better empower regulators to ensure compliance with those laws;
• the need for ‘lemon laws’ in Australia to protect consumers who purchase goods that repeatedly fail to meet expected standards of performance and quality;
• the existence of extended warranties in the market place and their interaction with laws on implied terms; and
• other means for improving the operation of existing statutory conditions and warranties in Australia.

In conducting the review, CCAAC is to:

• perform a review of existing Australian literature, including conclusions and recommendations made in relevant Australian reviews;
• consider relevant international research and models for implied terms adopted in other countries;
• have regard to the rights and obligations of consumers and businesses under contracts for the sale of goods and services and, in particular, those contracts entered into on the internet; and
• have regard to the intended objectives of the new national consumer law, which was agreed to by the Council of Australian Governments (COAG) on 2 October 2008.

Downloads

CCAAC Final Report – Consumer rights: Reforming statutory implied conditions and warranties