Consumer Affairs Act 1988

Consumer Affairs Act 1988

This Act may be cited as the Consumer Affairs Act 1988.

This Act shall commence on the day on which it receives the Royal Assent.

In this Act, unless the contrary intention appears – advertising includes any activity calculated or intended to promote or increase the sale or use of any goods or services;Agency has the meaning assigned to that expression in the State Service Act 2000; authorized officer means the Director or a person declared to be or appointed as an authorized officer under this Act; chairperson means the chairperson of the Committee;Committee means the Tasmanian Consumer Advisory Committee established under this Act; consumer includes any person using, or taking advantage of, any service;Consumer Affairs Officer means an employee employed in the Office of Consumer Affairs and Fair Trading; Director means the Director of Consumer Affairs and Fair Trading appointed under this Act; documents includes books, papers, accounts, any written records, any computer discs or tapes or other means of storage on a computer, and any computer printouts; functions includes duties; goods includes anything that is the subject of trade, manufacture, or merchandise and anything growing on, or attached to, land that is severable from the land;Office means the Office of Consumer Affairs and Fair Trading; services means the conferring of rights or benefits that are provided by a person in the carrying on of an industrial, commercial, business, profit-making, or remunerative undertaking (including a professional practice), and includes the provision for reward of lodging or accommodation; supply– in relation to goods, includes supply, and resupply, by way of gift, sale, exchange, lease, hire, or hire-purchase; and in relation to services, includes provision, granting, hiring, and conferring.

A reference to any matter or matters affecting the interests of consumers shall be construed as including a reference to any matter or matters affecting the interests of a particular consumer or a particular class of consumers.

The functions and powers conferred by this Act may be performed or exercised in respect of any contravention of, or matter arising under, the Collections for Charities Act 2001, the Motor Vehicle Traders Act 2011, the Prepaid Funerals Act 2004, the Residential Tenancy Act 1997 or the Retirement Villages Act 2004.

There is constituted by this Act an advisory committee to be known as the Tasmanian Consumer Advisory Committee.

The Committee consists of not less than 7, and not more than 15, members who the Minister considers represent the interests of consumers.

The Minister is to advertise in such publications, and in such manner and form, as the Minister determines for persons to express interest in becoming members of the Committee.

The Minister is to appoint the members of the Committee from the persons who expressed interest under subsection (2) and who the Minister considers have the expertise and qualifications to enable the Committee to perform its functions.

The members of the Committee are to elect one member of the Committee to be chairperson of the Committee.

Schedule 1 has effect with respect to the membership and meetings of the Committee.

The functions of the Committee are – to advise, and make recommendations to, the Minister on matters affecting the interests of consumers in Tasmania; and to consult with consumer organisations and other relevant organisations on emerging issues of concern to consumers; and to advance the interests of consumers and promote consumer awareness of consumer protection issues; and to assist the Minister with regard to activities relating to consumer affairs and fair trading; and such other functions as may be prescribed.

The Committee may make recommendations to the Minister with respect to any matter arising in connection with the performance and exercise of its functions and powers under this Act.

The Committee, not later than 30 September in each financial year, is to submit to the Minister a report on its proceedings during that financial year.

The Committee may submit a report to the Minister on any matter arising in the performance of its functions and the exercise of its powers under this Act.

The Minister must lay a copy of the Committee's report under subsection (1) before each House of Parliament before 31 October in each year.

The Minister may lay a copy of a report, if any, of the Committee under subsection (2) before each House of Parliament.

The Minister administering the State Service Act 2000 may appoint a State Service officer or State Service employee to be Director of Consumer Affairs and Fair Trading and that officer or employee is to hold that office in conjunction with State Service employment.

The Director has the administration and control of the Office of Consumer Affairs and Fair Trading.

The Director shall comply with any directions given to the Director by the Minister.

There shall be an Office to be known as the Office of Consumer Affairs and Fair Trading.

The staff of the Office shall consist of authorized officers appointed under this Part and State Service officers and State Service employees who have been assigned or allocated to that Office.

The functions of the Office are – to receive complaints from consumers in relation to matters which affect their interests as consumers, to consider and, if the Director deems it warranted, to investigate those complaints, and to take such action in respect of those complaints as seems proper to the Director; and to receive complaints of fraudulent or deceptive practices in relation to matters which affect, or are likely to affect, the interests of consumers and to take such action in respect of those complaints as seems proper to the Director; and to advise and assist consumers who seek from the Office information or guidance on matters affecting their interests as consumers; and to consult with and undertake the dissemination of information in relation to matters which affect, or are likely to affect, the interests of consumers to manufacturers, wholesalers, retailers, advertisers, and any other suppliers of goods or services; and to collect, collate, and disseminate information in respect of matters affecting the interests of consumers.

The Office shall assist the Committee in the carrying out of its functions and the exercise of its powers.

Subsection (1) shall not be construed to require the Director or any staff of the Office to give, or hold himself out as ready or competent to give, to any consumer advice in relation to the rights and liabilities in law of the consumer concerning any matter, or aid in the enforcement of such rights.