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Fair Trading
Government laws and industry self-regulation for fair trading help small
businesses to ensure that they are competitive and do not abuse their market
power.

Federal Government

Legislation and Compliance

Trade Practices Act 1974
The Trade Practices Act 1974 covers anti-competitive and unfair market
practices, mergers or acquisitions of companies, product safety/liability, and
third party access to facilities of national significance. A Summary of the Trade
Practices Act 1974 is available from the ACCC website. The Summary is a
plain language explanation of the major provisions of the Act for anyone not
wishing to consult the legislation itself.

Australian Competition and Consumer Commission (ACCC)
The ACCC is responsible for administering the Trade Practices Act. It
promotes good business practices for a fair and efficient market place and
provides assistance to business with the following information:

• Small Business Program
The ACCC is committed to protecting the interests of small businesses. Great
emphasis is placed on ensuring small businesses are not the target of any
unconscionable conduct or misuse of market power by larger companies.

• Rural and Regional Program
The ACCC has developed a Rural and Regional Program to ensure that
people in rural and regional areas are better informed about their rights and
obligations under the Trade Practices Act.

• Setting up a Compliance Program
This page is designed to show businesses how to take preventative steps to
ensure that contraventions of the Trade Practices Act do not occur.

• Best and Fairest Compliance Manual
This is a training package designed to help you and your staff comply with the
Trade Practices Act.

• eBusiness – Doing Business on the Internet
It is important for businesses to be aware of their rights and responsibilities
when advertising or transacting. This guide deals with information that
businesses should be aware of when developing an online presence.

• Product Safety
Businesses that manufacture import or sell defective goods or goods that do not comply with mandatory standards run the risk of action under the Trade Practices Act. This part of the website explores product safety and product liability.

Legal Issues Guide for Small Business
This guide, published by the Department of Industry, Tourism and Resources,
has been specifically designed for small business managers and for use by small business advisers. It assists in determining the nature of key legal
problems impacting on small business, the range of options available to
handle problems, and the most appropriate sources of information and
assistance.

Consumer Service

Consumer.gov.au
The Ministerial Council on Consumer Affairs (MCCA) consists of all federal,
state, territory and New Zealand ministers responsible for fair trading,
consumer protection laws and credit laws. Consumer.gov.au has two online
publications designed to help businesses improve their customer service:

• Customer Service Guidelines
helps take some of the hard work out of providing good customer service by
turning best practice customer service theory into easy-to-follow actions.

• Ten key customer service activities
Read about the ten key customer service activities online.

Industry Self-regulation

Self-regulation.gov.au
This site has been designed as a gateway to self-regulation resources for industry
associations, businesses, consumers and government organisations. It includes a
Directory of contact details and a description of a wide range of national self-
regulatory schemes currently operating in the marketplace.

Product Recalls

Product Recalls Australia
Provides up-to-date information on Australian product recalls, information for
businesses on how to conduct a safety related product recall and links to other
Australian and overseas agencies that monitor recalls on a wide range of products.
The website is coordinated by the Consumer Affairs Division of the federal
Department of Treasury.

Resolving Disputes

Resolving Small Business Disputes
This kit, developed by the Office of Small Business, aims to help small businesses
resolve their disputes as quickly and as cheaply as possible, and to implement good
business practice with respect to disputes that may arise.

Standards

Consumer Credit Code Website
If you provide credit for personal, household or domestic purposes and you charge
for it and if your customers are individuals or a residential strata corporation then the Consumer Credit Code applies to you.

Mandatory Consumer Product Safety and Information Standards
The Australian Competition and Consumer Commission (ACCC) enforces mandatory
product safety and information standards and bans on unsafe goods declared under
the Trade Practices Act. Copies of the mandatory standards and related information
are available from ACCC offices.

National Standards Commission (NSC)
The NSC is responsible for setting legal standards for businesses that use measuring
equipment to sell goods to consumers.

Standards Australia
Standards Australia develops technical and business standards - all Australian, ISO,
IEC and JIS Standards can be purchased online.

State and Territory governments

South Australia

Office of Consumer and Business Affairs
The Office of Consumer and Business Affairs (OCBA) administers the South
Australian Fair Trading Act 1987. OCBA provides business assistance covering
issues such including advertising, handling complaints, warranties, refunds and lay-
by sales. OCBA's Business Advice website provides traders with information on
advertising, handling complaints, warranties, anti-competitive practices and how to
be business wise. Contact details for OCBA are available from this webpage or
country callers can phone 131 882.