LWN051: Australian Consumer Law - Australian Government the Treasury - Law Assignment Help

Assignment Task :

Assessment item 2: Report

Introduction

The second assessment item for LWN051 requires students to write a report in a form that would be suitable for submission to Consumer Affairs Australia and New Zealand (CAANZ - the senior officers of the consumer affairs agencies in Australia and New Zealand) to inform their deliberations on possible amendments to the Australian Consumer Law (and/or the related legislation), as identified through recent consultation documents (listed below under ‘Topics’).

Each of these consultation documents identify possible options for reform. Your report must take a position in relation to one (or more) of those options suggested in the consultation documents (eg, for or against a proposed option/s), and/or an alternative option not suggested in the consultation document. Your submission must provide a detailed and comprehensive analysis of the law and literature to support your position. 

Scope of task 

Your report should be written for CAANZ and should include the following elements:

• An executive summary.

• An explanation of the relevant provisions and the original rationale for the provisions.

• Discussion of the operation to date of the provisions, including whether the original rationale for the provisions has been met, and the extent of any emerging or unresolved issues that have been identified. Some issues are discussed in the consultation documents below, but you are not limited to discussion of those issues. The discussion should also include reference to the significance of any problems. 

• Identification of the most appropriate way to address the identified issue(s). Your report must come to a position in favour of one (or more) options for change or in favour of no change (the status quo). Some possible options are canvassed in the consultation documents referred to below, but you are not limited to the options identified in these documents. 

• Detailed discussion and analysis to support the position that you have taken. You should also consider any counter-arguments to your position and address these arguments.

• One or more specific recommendations to CAANZ about the need or otherwise for law reform. If your recommendation includes law reform, you should identify (in at least broad outline) the recommended change(s) and how any changes will be incorporated into the relevant legislation and regulatory framework. 

Supporting evidence can include (as relevant) cases, legislation, regulation and other regulatory documents, commentary (both traditional scholarly materials and so-called ‘grey literature’), complaints and disputes data, empirical (eg survey, interviewm) data, statistical data, primary and other materials from another jurisdiction, and other material. 

Topics

The topics for this assessment piece are listed below, and the relevant consultation documents are available on the Blackboard site. 

1. Consumer guarantees (ACL Part 3-2, Div 1)

See The Australian Government the Treasury (2018) Australian Consumer Law: Clarification, simplification and modernisation of the consumer guarantee framework (Consultation Regulation Impact Statement)

2. Unfair contract terms (ACL Part 2-3)

See The Australian Government the Treasury (2019) Enhancements to the Unfair Contract Terms Protections (Consultation Regulation Impact Statement) 

3. Product safety

See The Australian Government the Treasury (2019) Improving the effectiveness of the Consumer Product Safety System (Consultation Regulation Impact Statement) 

4. Own choice topic 

If you would like to complete a report on a different part of the ACL, you must have your topic approved. Please contact me by 13 March 2020 (week 3) to obtain approval for your alternative topic. 

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