Books on legislation available at "Information Victoria, 356 Collins Street, Melbourne 3000. Phone 1300 366 356. Residents of other states can contact the Government books retail outlet similar to one mentioned above for Victoria).

 

Relevant Titles are;

"Fair Trading Act 1999"

"Victorian Civil and administrative Tribunal Act 1998"

"Consumer Credit (Queensland) Act 1994

Consumer Credit Regulation 1995". These are not expensive (may be less than $30) either.

About Trade Practices Act 1974 and its predecessors:

An 'agreement' enforceable in the court of law is 'contract'. The terms of agreement must be certain. If an agreement allows one party to change all the significant terms of agreement unilaterally, then it is definitely not a contract, in the spirit of it, though named as contract.

 

Until 1974 when Trade Practices Act was introduced as Federal Legislation to protect consumers (its mirror legislation in each state is called Fair Trading Act), for any disputes between the buyer and seller of goods and services were governed by (a) Sale of Goods Act (b) Contract Act and (c) Common Law.

 

In all these 3 there were deficiencies in relation to 'protecting consumers'. For E.g. in a carefully worded contract of any sale of goods and services, the seller can use 'caveat emptor' (let the buyer beware), as provided in the Sale of Goods Act. 

In essence, the seller can act deceitfully and still escape penalties just because somewhere in the contract something is worded to mean what they actually have done is explained in the contract.

 

In common law situation, you have to prove that you have entered into the contract solely by relying on a particular term of the contract that you are challenging in the court.

The special feature of Trade Practices Act 1974; it is meant for ‘protecting’ consumer from 'False Misleading and deceptive conduct' by the supplier of goods and services. All transactions of goods and services are covered by this Act.