Australian Consumer Law + consumer protection in New South Wales
Consumer guarantees, unfair contract terms (penalty regime from 9 November 2023), unconscionable conduct, product safety, misleading conduct + ACCC enforcement.
3
NSW-specific obligations
13
Federal obligations
NSW-specific
Comply with Residential Tenancies Act 2010 (NSW)
Landlords + agents must lodge bonds with Rental Bond Board + comply with notice + minimum standards.
Home Building Compensation Fund (NSW)
NSW residential building work >$20,000 requires HBCF insurance.
Underquoting prohibition (NSW Property and Stock Agents Act 2002)
NSW real estate agents must not underquote — Maximum penalty $22,000.
Federal
Consumer Credit Hardship Notice (NCC ss 72-73)
Credit providers must respond to hardship notice + assess variation request.
Hold AER authorisation as energy retailer
Selling electricity or gas to small customers requires AER retailer authorisation.
Design and Distribution Obligations (DDO) — RG 274
Issuers + distributors of retail financial products bound by DDO from 5 October 2021.
Button + coin battery safety standard (mandatory)
Suppliers of products containing button + coin batteries must meet 2022 mandatory standard.
Comply with mandatory product safety standards + bans (ACL)
Schedule 2 ACL — suppliers must comply with mandatory product safety standards + permanent bans.
Notify ACCC of a voluntary recall within 2 days
Suppliers must notify the ACCC within 2 days of initiating a voluntary consumer product recall.
Comply with Telecommunications Consumer Protections (TCP) Code
Telcos must comply with the binding TCP Code covering credit assessment, billing, complaint handling and unwelcome contact.
Comply with General Insurance Code of Practice (ICA)
ICA Code binds member insurers on conduct + claims + complaints.
Avoid unfair contract terms in standard form consumer & small business contracts
From November 2023, unfair contract terms carry pecuniary penalties — up to $100M per term (from 28 March 2026).
GEMS (Greenhouse + Energy Minimum Standards)
Regulated products must meet energy efficiency MEPS + display label.
Customer Service Guarantee (CSG)
Standard telephone service providers face CSG financial penalties for missed connection + repair timeframes.
Comply with the ePayments Code
Voluntary but industry-standard code covering electronic transaction terms, mistaken internet payments, and unauthorised transactions.
Energy Bill Relief Fund + state cost-of-living payments compliance
Retailers + suppliers administering federal/state energy bill relief must apply correctly + report.