{"id":"sr:australian-consumer-law-and-fair-trading-regulations-2022","name":"Australian Consumer Law and Fair Trading Regulations 2022","slug":"australian-consumer-law-and-fair-trading-regulations-2022","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183364,"registerId":"vic-sr:australian-consumer-law-and-fair-trading-regulations-2022-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Australian Consumer Law and Fair Trading Regulations 2022","content":"Version No. 001\n\n**Australian Consumer Law and Fair Trading Regulations 2022**\n\n**S.R. No. 42/2022**\n\nVersion as at  \n27 June 2022\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocations 2\n\n5 Definitions 2\n\n6 Limitation of liability in relation to supply of recreational services 2\n\n7 Conciliation and mediation 3\n\n8 Interstate Acts 3\n\n9 Embargo notice 4\n\nSchedule 1—Warning and note on sign or notice 5\n\nSchedule 2—Form of warning and note 6\n\nSchedule 3—Embargo notice 7\n\n═════════════\n\nEndnotes 8\n\n1 General information 8\n\n2 Table of Amendments 10\n\n3 Explanatory details 11\n\n**Version No.** **001**\n\n**Australian Consumer Law and Fair Trading Regulations 2022**\n\n**S.R. No. 42/2022**\n\nVersion as at  \n27 June 2022\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to prescribe particulars for the purposes of section 22(2)(c) of the **Australian Consumer Law and Fair Trading Act 2012**; and\n\n(b) to prescribe persons and bodies to whom the Director must refer certain disputes for the purposes of that Act; and\n\n(c) to prescribe Acts of other States and Territories for the purposes of the appointment of inspectors under that Act; and\n\n(d) to prescribe the form of an embargo notice for the purposes of that Act; and\n\n(e) to provide for any other matters authorised to be prescribed under that Act.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 232 of the **Australian Consumer Law and Fair Trading Act 2012**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 27 June 2022.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) the Australian Consumer Law and Fair Trading Regulations 2012[[1]](#endnote-1);\n\n(b) the Australian Consumer Law and Fair Trading Amendment Regulations 2012[[2]](#endnote-2);\n\n(c) the Australian Consumer Law and Fair Trading Amendment Regulations 2013[[3]](#endnote-3).\n\n\t5 Definitions\n\nIn these Regulations—\n\n***gross negligence***, in relation to an act or omission, means doing the act or omitting to do an act in a manner to which section 22(3)(b) of the Act applies;\n\n***the Act*** means the **Australian Consumer Law and Fair Trading Act 2012**.\n\n\t6 Limitation of liability in relation to supply of recreational services\n\n(1) For the purposes of section 22(2)(c)(i) of the Act, the prescribed particulars are the inclusion of—\n\n(a) if the term is contained in or on a sign displayed at the place at which the recreational services are being supplied, the warning and note set out in Schedule 1 in a form that complies with subregulation (2); and\n\n(b) if the term is contained in or on a notice given to the purchaser, the warning and note set out in Schedule 1; and\n\n(c) if the term is contained in a form to be signed by the purchaser, the warning and note set out in Schedule 2.\n\n(2) For the purposes of subregulation (1)(a), the warning and note must be in a font size at least equal to the largest font size used elsewhere in the sign, excluding the name or logo of the supplier.\n\n\t7 Conciliation and mediation\n\nThe following persons and bodies are prescribed for the purposes of section 114(3) of the Act—\n\n(a) the Ombudsman appointed under section 3 of the **Ombudsman Act 1973**;\n\n(b) the Independent Broad-based Anti‑corruption Commission established under section 12 of the **Independent Broad‑based Anti-corruption Commission Act 2011**;\n\n(c) the Health Complaints Commissioner appointed under section 111 of the **Health Complaints Act 2016**;\n\n(d) the Victorian Legal Services Commissioner appointed under section 51 of the **Legal Profession Uniform Law Application Act 2014**;\n\n(e) the person who holds the office of Private Health Insurance Ombudsman under section 20C of the Ombudsman Act 1976 of the Commonwealth.\n\n\t8 Interstate Acts\n\nThe following Acts are prescribed for the purposes of section 142(1)(c) and (4) of the Act—\n\n(a) the Fair Trading Act 1987 of New South Wales;\n\n(b) the Fair Trading Act 1989 of Queensland;\n\n(c) the Fair Trading Inspectors Act 2014 of Queensland;\n\n(d) the Fair Trading Act 1987 of South Australia;\n\n(e) the Fair Trading (Australian Consumer Law) Act 1992 of the Australian Capital Territory;\n\n(f) the Consumer Affairs and Fair Trading Act 1990 of the Northern Territory;\n\n(g) the Fair Trading Act 2010 of Western Australia;\n\n(h) the Consumer Affairs Act 1988 of Tasmania;\n\n(i) the Australian Consumer Law (Tasmania) Act 2010 of Tasmania.\n\n\t9 Embargo notice\n\nFor the purposes of section 162(3) of the Act, the prescribed form of an embargo notice is the Form in Schedule 3.\n\nSchedule 1—Warning and note on sign or notice\n\nRegulation 6\n\n**WARNING:** If you participate in these activities your rights to sue the supplier under the **Australian Consumer Law and Fair Trading Act 2012** if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this *sign**/***notice.\n\n**NOTE:** The change to your rights, as set out in or on this *sign**/***notice, does not apply if your death or injury is due to gross negligence on the supplier's part. ***Gross negligence***, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2022 and section 22(3)(b) of the **Australian Consumer Law and Fair Trading Act 2012**.\n\n*Delete whichever is not applicable.\n\nSchedule 2—Form of warning and note\n\nRegulation 6\n\nWarning under the Australian Consumer Law and Fair Trading Act 2012\n\nIf you sign this form, you will be agreeing that your rights to sue the supplier under the **Australian Consumer Law and Fair Trading Act 2012** are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.\n\nUnder the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you—\n\n• are rendered with due care and skill; and\n\n• are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and\n\n• might reasonably be expected to achieve any result you have made known to the supplier.\n\nIn accordance with section 22 of the **Australian Consumer Law and Fair Trading Act 2012**, the exclusion of these statutory guarantees is brought to your attention by this form.\n\n**NOTE**: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. ***Gross*** ***negligence***, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2022 and section 22(3)(b) of the **Australian Consumer Law and Fair Trading Act 2012**.\n\nSchedule 3—Embargo notice\n\nRegulation 9\n\nEmbargo notice\n\n**Australian Consumer Law and Fair Trading Act 2012**\n\nSection 162(3)\n\n1. The thing described below has been embargoed under section 162 of the **Australian Consumer Law and Fair Trading Act 2012**.\n\n2. Section 162(4) provides that a person who knows that an embargo notice relates to a thing and—\n\n(a) sells; or\n\n(b) leases; or\n\n(c) without the written consent of the inspector who issued the embargo notice, moves; or\n\n(d) transfers; or\n\n(e) otherwise deals with—\n\nthe thing or any part of the thing commits an offence.\n\nThe maximum penalty for the offence is 60 penalty units.\n\n3. Section 162(5) provides that it is a defence to a prosecution for such an offence to prove that the thing or part of the thing was moved for the purpose of protecting and preserving it.\n\n4. Section 162(6) provides that despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of section 162 is void.\n\n5. Description of embargoed thing—\n\n6. A copy of this notice has been—\n\n🞏 served on (insert name of occupier)\n\n🞏 affixed to thing described above.\n\nSignature of inspector:\n\nName of inspector:\n\nTelephone number:\n\nDate:\n\nTime:\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Australian Consumer Law and Fair Trading Regulations 2022, S.R. No. 42/2022 were made on 15 June 2022 by the Governor in Council under section 232 of the **Australian Consumer Law and Fair Trading Act 2012**, No. 21/2012 and came into operation on 27 June 2022: regulation 3.\n\nThe Australian Consumer Law and Fair Trading Regulations 2022 will sunset 10 years after the day of making on 15 June 2032 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Australian Consumer Law and Fair Trading Regulations 2022 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4(a): S.R. No. 62/2012 as amended by S.R. Nos 89/2012 and 14/2013. [↑](#endnote-ref-1)\n\n2. Reg. 4(b): S.R. No. 89/2012. [↑](#endnote-ref-2)\n\n3. Reg. 4(c): S.R. No. 14/2013.\n\n  ——\n\n  **Penalty Units**\n\n  These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\n  The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74 and for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. [↑](#endnote-ref-3)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulations implement and specify procedural and form matters authorised by the Australian Consumer Law and Fair Trading Act 2012 (for example, the exact wording required to rely on a limitation of liability, the form of embargo notices, and which dispute bodies and interstate Acts apply). They replace earlier 2012–2013 Regulations but do not materially expand the subject‑matter beyond what the Act authorises; they are largely technical and prescriptive rather than extending the substantive scope of the Act."},"complexity_factors":["Short instrument (9 regulations plus 3 schedules)","Only two defined terms in the Regulations (gross negligence; the Act) (regulation 5)","Three template texts supplied (sign/notice warning, signed-form warning, embargo notice) in Schedules 1–3","Several cross-references to the parent Act (sections 22, 114, 142, 162) that import substantive law and standards","Lists of external items that must be matched (5 prescribed dispute bodies in regulation 7; 9 interstate Acts in regulation 8)","One formatting technicality: font-size requirement tied to largest font on a sign (regulation 6(2))","Penalty reference is by penalty units and thus depends on external statutes for monetary values (endnotes and Sentencing/Monetary Units Acts)"],"plain_english_summary":"**What these Regulations do (mechanically)\n\n- Set out the precise words and forms that suppliers must use if they want to rely on a statutory limitation or exclusion of liability for recreational services (regulation 6 and Schedules 1–2). The text differs depending on whether the warning appears on a sign, a notice given to a purchaser, or a form to be signed (Schedule 1 and Schedule 2). A size requirement applies to signs (regulation 6(2)).\n\n- Define the meaning of \"gross negligence\" for the Regulations (regulation 5) and confirm that the \"Act\" referred to is the Australian Consumer Law and Fair Trading Act 2012 (the Act) (regulation 5).\n\n- List which external dispute-handling bodies the Director must refer certain disputes to (regulation 7). Five named offices/bodies are prescribed (for example, the Ombudsman under the Ombudsman Act 1973 and the Health Complaints Commissioner) and so are available referral options under the Act.\n\n- Specify which interstate (other State/Territory) Acts are treated as relevant for appointing inspectors under the Act (regulation 8). Nine Acts from other jurisdictions are listed.\n\n- Prescribe the exact form of an embargo notice an inspector may issue under the Act, including the notice content, the offences for dealing with embargoed items, the penalty (expressed as penalty units) and a place for inspector details (regulation 9 and Schedule 3).\n\n- Revoke the earlier 2012–2013 Regulations and commence on 27 June 2022 (regulations 3–4).\n\nWhy it matters and who it affects\n\n- Suppliers of recreational services: these Regulations let a supplier rely on an exclusion or limitation of the consumer protections in the Act only if the supplier uses the prescribed wording and format (regulation 6 and Schedules 1–2). That affects how suppliers draft signage, pre-activity forms, and notices—there is a compliance cost (preparing and displaying the correct wording and size).\n\n- Consumers/purchasers of recreational services: the Regulations affect the circumstances in which consumers’ rights to sue a supplier for death or injury can be excluded or limited. The exclusion or limitation set out in signs/forms does not apply where death or injury results from \"gross negligence\" as defined in regulation 5. The net effect is that some contractual/notice-based limits on remedies are permitted if the prescribed form is used (regulation 6 and Schedules 1–2).\n\n- Inspectors and regulated businesses more generally: prescribing interstate Acts (regulation 8) clarifies which out‑of‑jurisdiction inspection regimes are recognised for appointing inspectors; prescribing the embargo notice form (regulation 9 and Schedule 3) standardises enforcement practice and identifies the offence and maximum penalty (60 penalty units) for dealing with embargoed goods.\n\nPurpose claims and practical trade-offs\n\n- The Regulations’ stated purpose is to implement particular, procedural and form requirements authorised by the Act (regulation 1). In practical terms this means centralising and standardising how liability limitations, dispute referrals and embargoes operate under the Act.\n\n- Who pays: suppliers bear the immediate compliance costs (preparing signage, forms, ensuring font size rules are met, training staff). If suppliers are able to reduce their effective liability, they may capture some of that benefit via lower insurance or different pricing; conversely, insurers may adjust cover or premiums to account for the changed legal position.\n\n- Who decides and how behaviour changes: the Director of Consumer Affairs still decides whether to refer disputes, but the Regulations constrain the referral options to specified bodies (regulation 7). Suppliers who wish to limit liability will change behaviour to display or provide the prescribed warnings and to use the prescribed form for signed waivers (regulation 6, Schedules 1–2). Inspectors use a standard embargo notice (regulation 9, Schedule 3).\n\n- Key compliance and implementation risks: correct use of the exact prescribed wording and font-size rule (regulation 6(2); Schedules 1–2) is required to rely on the exclusion; failure to comply risks the notice being ineffective. The definition of \"gross negligence\" is a legal standard that may be tested in litigation (regulation 5); courts will decide borderline cases. Prescribing particular dispute bodies concentrates referral routes (regulation 7) and may change where disputes land in practice.\n\n- Concentrated benefits and diffuse costs: the benefit of being able to rely on a valid exclusion (for suppliers) is concentrated; the cost (potentially reduced remedies) is diffuse across consumers who use recreational services. The Regulations do not themselves mandate outcomes in the market (they set form and process), but they alter the conditions under which private parties can contractually or by notice change statutory rights.\n\nRelevant sections: regulation 5 (definitions), regulation 6 and Schedules 1–2 (warnings, forms and font requirement), regulation 7 (prescribed referral bodies), regulation 8 (interstate Acts for inspectors), regulation 9 and Schedule 3 (embargo notice and offence/penalty)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient content was provided to determine whether the scope of this regulation changed from its original intent. The document contains only structural metadata, version status indicators, and headers with no substantive provisions visible."},"complexity_factors":["Only metadata and version history were provided — no substantive regulatory content is present to analyse","The document shell references a consolidated version, suggesting amendments may exist that add layering complexity","Regulations of this type typically interact with both Commonwealth and State consumer law frameworks, which can create jurisdictional complexity","Without the actual regulatory text, true complexity cannot be assessed — score reflects the visible document only"],"plain_english_summary":"This Victorian statutory rule (Statutory Rule No. 42/2022) implements consumer‑protection regulations under the Australian Consumer Law and Fair Trading Act. It governs how businesses and traders must deal with consumers in relation to fair trading, misleading conduct and product/service compliance — matters that directly affect both sellers and everyday buyers. Note: the provided document contained only metadata/version history, so specific obligations or changes cannot be detailed here."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing administrative details, standard forms, and specific bodies as authorised by the parent Act. They do not expand beyond the matters contemplated in section 232 of the Australian Consumer Law and Fair Trading Act 2012."},"complexity_factors":["Only 9 substantive regulations plus 3 short schedules","Minimal cross-referencing—primarily references back to the parent Act (Australian Consumer Law and Fair Trading Act 2012) for context","Simple conditional logic: if-then structures for determining which warning format applies (sign vs. notice vs. form)","Only 2 defined terms in regulation 5 ('gross negligence' and 'the Act')","Straightforward prescriptive approach: mandates specific forms and wordings rather than creating complex legal tests","No nested exceptions or layered definitions","Schedules contain boilerplate template language rather than substantive legal rules"],"plain_english_summary":"These regulations are a set of rules made under Victorian consumer protection law that fill in the practical details for how businesses must warn customers about their legal rights when signing up for risky recreational activities (like skydiving, bungee jumping, or adventure sports).\n\n**What it does:**\n- **Sets out the exact wording** that businesses must use on signs, notices, or forms when they want to limit their liability for injuries or deaths during recreational activities. This isn't optional—businesses must use the specific warnings in Schedules 1 and 2.\n- **Defines \"gross negligence\"** (reckless disregard for safety, with or without realising the risk) to clarify when businesses *cannot* escape liability—even if customers signed a waiver.\n- **Names specific dispute resolution bodies** (like the Ombudsman, anti-corruption commission, health complaints commissioner, legal services commissioner, and private health insurance ombudsman) that consumer disputes must be referred to for conciliation or mediation.\n- **Lists interstate fair trading laws** that Victorian inspectors can rely on when working across state borders.\n- **Provides a standard form** for \"embargo notices\"—official documents used by inspectors to freeze goods or property during investigations, with penalties for anyone who ignores them.\n\n**Who it affects:**\n- **Recreational service providers** (adventure tourism, gyms, sports clubs) who must display the mandated warnings.\n- **Consumers** participating in risky activities who need to understand that signing these forms limits their right to sue for injuries, unless the business was grossly negligent.\n- **Government inspectors** enforcing consumer law who use the embargo notice form to secure evidence.\n\n**Why it matters:**\nThis ensures consumers can't be tricked by fine print or confusing legal jargon when signing waivers for dangerous activities. It strikes a balance: businesses can limit ordinary negligence claims, but they remain fully liable for reckless or grossly negligent conduct. The regulations also ensure consistent enforcement across Victoria and cooperation with other states."}},"importantCases":[],"_links":{"self":"/api/acts/australian-consumer-law-and-fair-trading-regulations-2022","history":"/api/acts/australian-consumer-law-and-fair-trading-regulations-2022/history","analysis":"/api/acts/australian-consumer-law-and-fair-trading-regulations-2022/analysis","conflicts":"/api/acts/australian-consumer-law-and-fair-trading-regulations-2022/conflicts","importantCases":"/api/acts/australian-consumer-law-and-fair-trading-regulations-2022/important-cases","documents":"/api/acts/australian-consumer-law-and-fair-trading-regulations-2022/documents"}}