Rights of Businesses in Australia
Posted by Jesamine Barton in Sep, 2014
What are the rights of businesses operating in Australia?
In Australia you have certain rights/protections under the Australian Consumer Law and the Competition and Consumer Act 2010. As of January 1st 2011 every Australian business was given the same rights and responsibilities under the Australian consumer law.
Under the ACL all businesses are expected to honour its obligations and not to be treated in an unconscionable way by other businesses. Every business has a responsibility to respect a customer’s rights and honour legal obligations under the ACL.
What are the rights of businesses in Australia like?
Essentially the business rights are like the school principle and the businesses are like the students, as all the rights are now the same for all states like students at a school they all must follow the same rules.
What is the purpose of promoting the rights of businesses in Australia?
Promoting business rights is ideal in enabling existing and new business owners to understand their rights, obligations and to notify of any changes in the laws or regulations. An example of this was when the laws changed in 2011 so that all businesses all over Australia were moved to one set of rules instead of a different set for each state.
You can subscribe to receive updates of any changes on the ACL on http://www.consumerlaw.gov.au and also receive education training programs from the ACCC website.
What are the different types of rights of businesses in Australia?
As a business, you have certain protections under the Australian Consumer Law and more broadly, the Competition and Consumer Act 2010.
-Repair, replace, refund on business purchases-
When you buy goods or services for your business which are:
• under $40,000
• over $40,000 and normally bought for personal, domestic or household use or consumption
• vehicles and trailers used mainly to transport goods on public roads
-Supplier refusal to supply goods or services-
Under certain circumstances, if a wholesaler or supplier refuses to supply your business with goods or services they are breaking the law.
-Business behaviour that limits competition-
Competitors are not allowed to engage in certain practices that may limit or prevent competing in the market, such as:
• Price fixing
• Bid rigging
• Collective bargaining
• Predatory pricing
• Misuse of market power
• Imposing minimum prices on retailers and unconscionable conduct.
-False or misleading claims-
The representations your suppliers make to you about these goods or services must be accurate and honest.
-Franchisee rights-
Look to the Franchising Code of Conduct.
-Growers of horticulture produce-
These businesses protected by the Horticulture Code.
-Petrol retailers-
These have certain rights under the Oil code.
-Make a complaint-
All business and consumers have the right to make a complaint.
-More information-
More information can be found on these documents:
• Consumer rights & guarantees
• Anti-competitive behaviour
• Industry codes
What’s involved with identifying the rights of businesses in Australia?
For any business owners or consumers wishing to identify the rights involved with businesses they can go to the following websites:
http://www.consumerlaw.gov.au
http://www.accc.gov.au
http://www.fairtrading.qld.gov.au
Or by contacting the ACCC Info centre on 1300 302 502. Or the ACL by your appropriate state (via website), their Queensland office can be contacted on Phone: 13 QGOV (13 74 68)
Where do the rights of businesses in Australia fit into the process of starting a business?
These rights are an important part of starting a business in order to understand what rules and regulations are required of you when starting your business. You will need to understand your rights and legal requirements involved in registering any new business.
How do the rights of businesses in Australia impact on different areas of a business?
The rights of businesses would impact on a managerial level of a business. Managers and owners of any business are responsible for cooperating to all rules and regulations for their business it is not the employee’s job to make sure the business is run correctly and legally.
What terms are used in the rights of businesses in Australia?
A few of the different terms used in regards to the rights of business are:
• Consumer
• Guarantees
• Manufacturers and importers
• Compensation
• Refund
• Franchisee
Where can I find more information about the rights of businesses in Australia?
More information on business rights and conditions can be found on the following:
http://www.accc.gov.au/business/treating-customers-fairly/consumers-rights-obligations
http://www.consumerlaw.gov.au/content/Content.aspx?doc=fact_sheets/FAQ.htm
http://australia.gov.au/topics/business-and-industry/consumer-rights
Who would benefit from this knowledge?
I believe that this article would target people with no experience in regards to business rights as it outlines where the information can be found and how to go about finding it.
The knowledge provided in this would benefit people on a managerial level as these rights and regulations apply to the correct management of a business.
The rights of businesses jurisdiction is applies to the Australian Commonwealth Government Laws as they are the same for all states as of 2011.
Business rights in Australia are not affected cultural influence or climate impact as they are put in place by the government and any changes are decided by the government.
I believe that any organisation can benefit from this information from a start up to any organisation as any business needs to know and understand their rights and regulations.
This information is relevant to any industry providing goods or services to any business or customers. Such as: Wholesale trade, retail trade, agriculture, restaurants and many more.
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