Government laws and industry self-regulation for fair trading help small businesses to ensure that they are competitive and do not abuse their market power.
Legislation and compliance
Australian Competition and Consumer Commission (ACCC)
The ACCC is responsible for administering the Trade Practices Act. It promotes good business practices for a fair and efficient market place and provides assistance to business with the following information:
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Small business program
The ACCC is committed to protecting the interests of small businesses. Great emphasis is placed on ensuring small businesses are not the target of any unconscionable conduct or misuse of market power by larger companies.
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Rural and Regional Program
The ACCC has developed a Rural and Regional Program to ensure that people in rural and regional areas are better informed about their rights and obligations under the Trade Practices Act.
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Setting up a compliance program
This page is designed to show businesses how to take preventative steps to ensure that contraventions of the Trade Practices Act do not occur.
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Best & fairest compliance manual
This is a training package designed to help you and your staff comply with the Trade Practices Act.
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eBusiness - doing business on the internet
It is important for businesses to be aware of their rights and responsibilities when advertising or transacting. This guide deals with information that businesses should be aware of when developing an online presence.
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Product safety
Businesses that manufacture, import or sell defective goods or goods that do not comply with mandatory standards run the risk of action under the Trade Practices Act. This part of the website explores product safety and product liability.
Legal issues guide for small business
This guide, published by the Department of Industry, Tourism
and Resources, has been specifically designed for small
business managers and for use by small business advisers. It
assists in determining the nature of key legal problems
impacting on small business, the range of options available to
handle problems, and the most appropriate sources of
information and assistance.
Trade Practices Act 1974
The Trade Practices Act 1974 covers anti-competitive and
unfair market practices, mergers or acquisitions of companies,
product safety/liability, and third party access to facilities
of national significance. A
Summary of the Trade Practices Act 1974 is available from
the ACCC website. The Summary is a plain language explanation
of the major provisions of the Act for anyone not wishing to
consult the legislation itself.
Working with contracts
This guide provides a plain English approach to understanding the essential ingredients of a contract, the different types of contracts, their basic content and structure, the legal jargon frequently encountered and what standard form contracts are.
Customer Service
Consumer.gov.au
The Ministerial Council on Consumer Affairs (MCCA) consists
of all federal, state, territory and New Zealand ministers
responsible for fair trading, consumer protection laws and
credit laws. Consumer.gov.au has two online publications
designed to help businesses improve their customer service:
Product Recalls
Product Recalls Australia
Provides up-to-date information on Australian product
recalls, information for businesses on how to conduct a safety
related product recall and links to other Australian and
overseas agencies that monitor recalls on a wide range of
products. The website is coordinated by the Consumer Affairs
Division of the federal Department of Treasury.
Resolving disputes
Resolving Small Business Disputes
This kit, developed by the Office of Small Business, aims to
help small businesses resolve their disputes as quickly and as
cheaply as possible, and to implement good business practice
with respect to disputes that may arise.
Standards
Consumer Credit Code website
The Consumer Credit Code governs all credit transactions taking place in Australia.
Mandatory consumer product safety and information standards
The Australian Competition and Consumer Commission (ACCC)
enforces mandatory product safety and information standards and
bans on unsafe goods declared under the Trade Practices Act.
Copies of the mandatory standards and related information are
available from
ACCC offices.
National Measurement Institute (NMI)
The NMI is responsible for establishing and maintaining Australia's units and standards of measurements, and coordinates the national measurement system.
Standards Australia
Standards Australia develops technical and business
standards - all Australian, ISO, IEC and JIS Standards can be
purchased online.
Australian Capital Territory
ACT Office of Fair Trading
The ACT Office of Fair Trading provides administers the ACT Fair Trading Act 1992. This website provides information on codes of practice and other business guides for traders. Telephone the ACT Office on 6207 0400 or email fair.trading@act.gov.au.
New South Wales
NSW Office of Fair Trading
The NSW Office of Fair Trading administers the New South Wales Fair Trading Act 1987. Fair Trading's Running a business webpage provides business operators with information about how to trade fairly in New South Wales. Find your closest Fair Trading office on this page, phone 02 9895 0111 or email enquiry@fairtrading.nsw.gov.au.
Northern Territory
Consumer and Business Affairs
Consumer Affairs and Business Affairs administers the Northern Territory Consumer Affairs and Fair Trading Act. Fact sheets are available on trader issues such as advertising, business tenancies, disposal of uncollected goods and product safety. Contact details are available for Consumer and Business Affairs or call toll free 1800 019 319 (within Northern Territory only).
Queensland
Office of Fair Trading
The Qld Office of Fair Trading works administers the Queensland Fair Trading Act 1989. The Good Business Guide provides a general understanding of business rights and obligations. The Business homepage provides explanations on traders' responsibilities generally, and specifically for a number of industries. Find your nearest Office of Fair Trading location on this webpage or telephone 1300 658 030.
South Australia
Office of Consumer and Business Affairs
The Office of Consumer and Business Affairs (OCBA) administers the South Australian Fair Trading Act 1987. OCBA's Business Advice website provides traders with information on advertising, handling complaints, warranties, anti-competitive practices and how to be business wise. Contact details for OCBA are available from this webpage or country callers can phone 131 882.
Tasmania
Consumer Affairs and Fair Trading Tasmania
Consumer Affairs and Fair Trading's Business Information website provides information on how to handle a complaint and improve your business. The Office can be contacted by phone on 1300 654 499 statewide, or email consumer.affairs@justice.tas.gov.au.
Victoria
Consumer Affairs Victoria
Consumer Affairs Victoria (CAV) administers the Victorian Fair Trading Act 1999. A number of publications are available to assist businesses in giving the best deal in the marketplace. Contact details for CAV are available on this page, or phone 1300 55 81 81.
Western Australia
Consumer and Employment Protection
WA's Consumer Protection administers the Western Australian Consumer Affairs Act 1971. Consumer Protection's Business website covers issues such as product safety and responsibility, lay by sales, complaint handling and other customs relations matters. Contact the call centre on 1300 30 40 54, or send an email to consumer@docep.wa.gov.au.
