STATUTES AMENDMENT AND REPEAL (AUSTRALIAN CONSUMER LAW) BILL

Second Reading

Adjourned debate on second reading.

(Continued from 10 November 2010.)

Ms CHAPMAN (Bragg) (12:56): I rise to speak on the Statutes Amendment and Repeal (Australian Consumer Law) Bill 2010. This legislation essentially amends the Fair Trading Act 1987 and provides for Australian Consumer Law (which is a commonwealth law) to be part of the law of South Australia. I will have something to say about the model that is being used in this instance (relative to what may be appropriate) and what other options would better suit. However, I do note that this is a national law that is going to be introduced into our system of law, as distinct from models that have otherwise been used.

The commonwealth's Australian Consumer Law was enacted through the Trade Practices Amendment (Australian Consumer Law) bills No. 1 and No. 2 2010. This bill makes provision for the application of the ACL as law in South Australia into our relevant legislation and, in particular, the Fair Trading Act 1987, as I have said.

The origins of this venture, culminating in this legislation in South Australia, were initially precipitated by an inquiry which had been commissioned by the former treasurer, the Hon. Peter Costello. One has to only regret the fact that he is not still in the job running our federal finances, but nevertheless, in this instance, he commissioned a Productivity Commission inquiry (which was undertaken in 2007-08) into Australia's consumer protection framework. Again to put this in context, it had been agreed as a result of a ministerial council on consumer affairs in August 2008 and subsequently by the Council of Australian Governments in October 2008.

The rationale is that nationally consistent Australian consumer law would offer business a more conducive environment in which to operate and also to provide a simpler process for the rights of consumers to be both protected and explored. I seek leave to conclude my remarks later.

Leave granted; debate adjourned.

[Sitting suspended from 13:00 to 14:00]