Enhancements to Unfair Contract Term Protections

Closed 27 Mar 2020

Opened 13 Dec 2019

Overview

On 1 July 2010, protections for consumers against unfair contract terms (UCTs) in standard form contracts were introduced into the Trade Practices Act 1974 (now contained in the Australian Consumer Law, which is Schedule 2 to the Competition and Consumer Act 2010) and the Australian Securities and Investments Commission Act 2001.

In November 2016, the UCT protections were extended to small business contracts. Two years later, the Government undertook a review of these new protections for small business contracts (UCT Review).

This consultation seeks stakeholder feedback on a range of policy options to address the issues identified by the UCT Review. It also seeks views on whether any enhanced UCT protections for small business contracts should also be extended to consumer and insurance contracts to ensure consistency in the operation of the protections.

We are seeking submissions from a wide range of interested parties from small, medium and large businesses through to individual consumers.

Stakeholder events

We will be conducting a number of consultation sessions which are expected to be held in Melbourne, Sydney and Canberra. A teleconference can also be offered for those who are unable to attend a consultation session.

Registrations close Friday 14 February 2020. Times and venues will be confirmed shortly afterwards.

Express your interest

Responding

While submissions may be lodged electronically or by post, electronic lodgement is preferred. For accessibility reasons, please submit responses sent via email in a Word or RTF format. An additional PDF version may also be submitted.

View our submission guidelines for further information.

How to respond

Email

uctprotections@treasury.gov.au

Post

Address written submissions to:

Manager, Consumer Policy Unit
The Treasury
Langton Crescent
Parkes ACT 2600

Enquiries

Email: uctprotections@treasury.gov.au

Audiences

  • Businesses
  • Businesses - large
  • Businesses - medium
  • Businesses - small /micro
  • Consumer groups
  • Finance/Banking sector
  • Individuals
  • Industry
  • Industry bodies
  • Industry association
  • Insurers
  • Law professionals
  • Peak body
  • Representative body
  • Sectoral peak bodies

Interests

  • Business
  • All interests
  • Insurance
  • Agriculture
  • Building and construction
  • Legislation and regulations
  • Policy development
  • Competition and Consumer Act
  • Consumer Law
  • Consumer Policy
  • Consumer Protection