Our recent Member information seminar (NSW 17^th March, SA 11^th May & VIC/TAS 19^th may) were very informative, well attended and engaging. Peter van Rompaey and Justin Pasa of HWL Ebsworth lawyers presented the iminent Competition and Consumer Act, Contractural Liabilities and the Personal Property Securities Act replacement for the Trade Practices Act which take effect later this year.

These mandated changes are foundational to all business’ and especially our industry segment that will call for significant changes to existing contracts that places a whole new meaning on how we do business.

The new Competition and Consumer Act focuses on:

• Anti-competitive conduct
• Misleading and deceptive conduct
• Compiance and penalties
• Consumer guarentees and manufactures warranties

One of the most significant changes is the introduction or redinfition of a Consumer, which for PICA members wil constitute about 85% of all sales transaction:

A person is taken to have acquired particular goods as a consumer if:

• the amount paid or payable for the goods did not exceed $40,000; or
• the goods were of a kind ordinarily acquired for personal, domestic or household use or consumption; or
• the goods consisted of a vehicle or trailer acquired for use principally in the transport of goods on public roads.

However, this definition does not apply if the person acquired the goods, or held himself or herself out as acquiring the goods:

• for the purpose of re-supply; or
• for the purpose of using them up or transforming them, in trade or commerce
  • in the course of a process of production or manufacture; or
  • in the course of repairing or treating other goods or fixtures on land.

The PICAA Board will review the powers of the association to determine whether PICAA is able to consider the development of a set of PICAA standard contract(s) for the benefit and use of all PICAA members who chose to adopt such.

To review the seminars presentation follow link: Download Presentation