First Test Flashcards
What is the main legal action regarding consumer protection?
Competition and Consumer act 2010
what do the ACCC and ASIC do?
ACCC Australian competition and Consumer commission which deals with consumer.er protection breaches
ASIC deals with financial breaches and issues
what WA govt department is responsible for consumer protection?
the department of commerce, Consumer protection
goods must be refunded replaced or repaired if:
not of acceptable quality
doesn’t do what it was advertised to do
product doesn’t match description or sample given is shop
services must be refunded or replaced if:
they were not provided with appropriate care and skills
the service was not for a particular purpose
wasn’t delivered within a reasonable time (when no date is agreed)
guarantees dont apply if
you for what your and for but changed your mind
misused a product in any way that caused the problem
knew or made aware of the faults before purchase
asked for a service to be done in a particularly way against advice of the business or were invest about what you wanted
What are some actions consumers can take if their guarantee doesn’t get accepted even though its legal?
resolve issue with the business
customer can request a service provider to repeat the service if it failed to meet expectations
customer can put theirs vomai t I. writing g giving details of date of purcbase, problem and preferred remedy
if complaint involves a local business, consumer protection can be contacted.
is a warranty voluntary or mandatory?
it is voluntary however, one year legal protection applies to all items purchased
what is bait advertising?
it is when a business promotes an item at sale price and knows that it has limited stock and the co su.er isn’t made aware. customers are baited into buying g more expensive items
when is bait advertising not misleading
if the business has made it clear on the advertisement about the item being g in short supply or on sale for a limited time.
under what circumstances.stance can a business claim that their product was made in a certain country?
at least 50% of the cost to produce the product was incurred in that country.
what does the grown in labelling refer to?
all fresh foods and the significant component of the product originated from, or was grown in the country claimed.
what are scientific claims?
claims.s that are used to help advertisement the product. these can be misleading if:
The business k ew that the claims were untrue or incorrect
didn’t care wether they were true or not
had no reasonable grounds for making the claims
explain mandatory standards
certian products sold in Australia are subject to mandatory standards . these are co sifered to reduce the risk for injury. specific safety criteria must be met before the product can be sold in Australia
when should recalls be issued?
if their is a safety risk associated with the product, the business was must remove it from sale or recalled.
a business must report about the isiue within two days of being made aware of it
what are some mandatory product labels
Ingredients use by date manufacturer details instructions for use country of origin
what does the cca 2010 have to do with mandatory product labelling?
it sets rules for product labelling and the following g information must be given to customers:
mandatory consumer protection information
industry specific regulations
customs information which is required for some imported products
what are two standards for children’s advertisements
c and p programs
no advertising during p rated programs
max 5 min ads for every 30 mins
no alcohol must be advertised
shouldn’t encourage discrimination or unsafe
cannot focus on a toy, gift or prize as a reason to buy the product
cannot use mascot or character from c or p programs
what are the 6 legal requirements of contracts?
intention agreement offer and acceptance consideration legal capacity consent legality of purpose and form
what are advantages of contracts?
clearly defines promises made by each party and consideration involved
describes how profits and losses are to be shared
creates certainty regarding income and costs for the contract period
outlines processes to resovle disputes
outlines a timeline e or schedule for work and completion
What are the basic National Employment Standards?
A maximum standard working week of 38 hours
The right to work flexible work arrangements
10 days personal leave per year
Long service leave entitlements
Paid public holidays
4 weeks paid annual leave
What does the Fair Work Act (2009) do?
It is the legal act that governs what the minimum conditions that all employees across Australia are entitled to
What does the Fair Work Ombudsman do?
Provides information about workplace rights and laws, and investigates breaches of workplace laws
What does the Fair Work Commission do?
It the national government department that reviews the NES
Employees and employers can go there to
- Lodge Complaints
- Resolve Disputes
- Make decisions in udismissal cases
What is dismissal
When employement is ended by the employer
What are some cases for unfair dismissal?
Your dismissal was harsh, unjust and unreasonable, and
Yoru dismissal was not a case of genuine redundancy and
If you were employed by a small business, your dismissal was not consistent with the small business fair dismissal code
What is Redundancy???
A job is no longer required by a business because of a change in the way a business operates. The job is no longer needed by the business. A business must try to find another position for the employee of similar pay and conditions of their current job is no longer needed.
What should an employee do if they believe they have been unfairly dismissed?
- Lodge a claim of unfair dismissal with the FWC (if covered by NES)
Lodge a claim of unfair dismissal with the WA Industrial Relations Commission (WA only)
What is the main aim of the Equal opportunity Employment Act (1987)
To give an opportunity for all people to have fair and equal access to employment, education, and services so that society is free from discrimination and victimisation
What is the aim of the Occupational Health and Safety act (1984)?
To prevent workplace accidents and injury. It imposes general duties of care on employers and employees in a business. The business is responsible for the prevention of accidents and injuries
What registration is required for copyright?
No registration is required for copyright protection. It is free and automatic from the moment the work is in material form
What registration is required for patents?
- Decide if you have a standard patent
- Conduct a detailed search to see is there is anything similar to your application
- Patents can be requestedusing inline services. If you have a provisional application, you can apply for a standard patent withing 12 months of to keep its priority date.
- Details of the unexamined application will be published in the Australian Official Journal of Patents 18 months after the applications earliest priority date
- Examination of a standard patent. This needs to be done up to 5 years after filing the patent.
- The patent will be accepted after all objections raised have been overcome. Other parties can choose to oppose the decision to accept the patent.
What are steps asocciated with registering a design?
- Decide if your design is new
- Don’t oublicise the design as other peoople may take you idea and use it
- Conduct a detailed search to see if there are similar designs to yours.
- Prepare accurate and detailed drawings with various views and details.
- File your application with the online servvice offered by the Government.
- Next steps, Formality check, optional, certify your design
What needs to be done to register a domain name?
To apply for a .com.au, .org.au, .id.au domain name, choose your preffered registar and follow their registraiton process.
What steps are associated with registering trade marks?
- Decide if you have a trade mark. Make sure you don’t get confused between a trade mark and a design.
- When applying, you should provide a description of goods and services you intend to use your trademark on
- Search to see if there are any similar or pending trade marks similar to yours.
- Apply for a trademark using inline services
- It usually takes 3-4 months to examine the trade mark and a letter will be sent in writing to show acceptance of the trade mark
What is the legal act regarding copyright?
Copyright act 1968
What legal act is associated with domain names?
Tellecomunications Act 1997
What legal act governs designs?
Designs Act 2003
What legal act regards trademars?
Trade Marks Act 1995
What relgal act regards patents?
Patents Act 1990
