Trade Practices and Consumer Protection

The Trade Practices Act 1974 (TPA) exists to protect the rights of consumers, and ensure fair competition is maintained. As a business or consumer, you need to understand the key provisions of this legislation, which outline what conduct is prohibited in Australia.

The TPA has two main parts, Part IV covers the Restrictive Trade Practice provisions, Part V covers the Consumer Protection provisions. The Restrictive Trades Practices provisions focus on higher-level business transactions such as mergers and takeovers, acquisitions, and conduct considered to substantially lessen competition within the market. The Consumer Protection provisions exist to protect the rights of consumers, and ensure fair competition is maintained.

This course broadly covers both parts of the TPA and is essential for all consumers, managers, high level executives, and goods and service providers in Australia.

This module uses everyday language and real-world examples, and is adapted from materials and experiences of the ACCC and from leading cases. It aims to build a general awareness of your obligations under the law. As it is not tailored to your particular circumstances, it should not be treated as legal advice.

At the completion of this course you will be able to:

state the main objectives of the Trade Practices Act 1974 and the role of the Australian Competition and Consumer Commission (ACCC)
list the penalties and other remedies applicable to a breach of the Trades Practices Act 1974
state the broad purpose of the Restrictive Trades Practices provisions
discuss the concept of, and apply the substantial lessening of market power test to certain merger/takeover situations
discuss and give examples of misuse of market power, and unconscionable conduct
understand the Consumer Protection Provisions of the TPA, including deceptive or misleading conduct and false or misleading representations.