Fair Trading Act 1987

The Secretary may determine to make a consumer guarantee direction if the Secretary is satisfied that—

there has been a failure to comply with a guarantee under section 54, 55, 56 or 57 of the ACL, and

it is fair and reasonable in all the circumstances to do so.

The Secretary, in determining whether or not to make a consumer guarantee direction, is not bound by the rules of evidence, and may be informed in any manner that the Secretary thinks fit.

Before making a consumer guarantee direction, the Secretary—

must give the consumer and the supplier an opportunity to make a written submission or give written evidence concerning the application, and

may give the consumer and the supplier the following—

an opportunity to make an oral submission or give oral evidence concerning the application,

a right of reply to the other party’s submission and evidence (including the consumer’s initial application),

an opportunity to comment on the content of a proposed direction.

The rules of procedural fairness are not breached if the Secretary complies with subclause (3) and the procedures for making consumer guarantee directions set out in the regulations (if any).