My tags

Business, industry and trade

The aims of fair trading

South Australia's fair trading laws aim to create a fair and informed marketplace.

On this page:

Overview
Actions and remedies
Your approach to fair trading

Overview

Fair trading laws state that misleading or deceptive conduct is unacceptable regardless of whether your business supplies consumer goods or deals commercially with other businesses.

The laws recognise that the actions of unfair or unscrupulous operators can cause loss to traders as well as consumers.

Conduct is considered misleading if it creates a false overall impression leading to purchasers not receiving what they thought they were buying.

[top of page]

Actions and remedies

Consumers and traders can seek various remedies if they believe they have been unfairly treated, misled or treated in a way that is illegal.

The Fair Trading Act 1987 provides a general right to damages or compensation where a breach of the Act occurs.

Court orders

Courts can make orders:

to void or vary contracts
for payment, refund of money or return of property
to repair goods, supply parts for goods or supply specified services.

If, as a trader, you have been wronged you have the right to take action in the courts, including recovery of the amount of loss or damage. You also may apply for an injunction to prevent further or potential breaches of the Act. You may seek damages at the same time as making this application.

In very serious matters, the Commissioner for Consumer Affairs or Minister for Consumer Affairs may apply to the Supreme or District Court to:

have advertising corrected
remedy any adverse consequences of conduct in contravention of the Act
seize money or other property.

Where traders have contravened the Act, the Commissioner may seek from them a written assurance they will refrain from such conduct.

Some offences can be expiated - ie the offender can pay a fine to avoid the matter proceeding through the court system.

The Commissioner can take criminal action where offences against the Act have been committed. The Courts can impose a maximum penalty of $100,000 on a body corporate and $20,000 in other cases.

[top of page]