This Act creates the Office of Consumer Affairs and Fair Trading and the Tasmanian Consumer Advisory Committee, appoints a Director and authorised officers, and gives them powers to receive complaints, investigate, enter business premises (with limits and warrants), copy or seize records, require documents and, with consent, prosecute (see ss.9–16, 20). It governs suppliers of goods and services and explicitly extends those powers to certain related Acts (s3A). Businesses, consumers, the Director and authorised officers carry duties, compliance costs and potential penalties.
This Act establishes a consumer protection and fair‑trading machinery in Tasmania by creating (1) an advisory body, the Tasmanian Consumer Advisory Committee, (2) an Office of Consumer Affairs and Fair Trading and a Director to run it, and (3) powers for authorised officers to investigate complaints and alleged deceptive or fraudulent practices. Mechanically, the Act:
Constitutes the Tasmanian Consumer Advisory Committee (Committee) and prescribes membership limits (not less than 7 and not more than 15) and appointment procedures (Ministerial appointment following public advertisement) (s4, s5(1)-(3)). Schedule 1 sets terms (max three years), removal grounds, allowances, quorum, meetings, and a pecuniary‑interest disclosure regime with a specified penalty for breach (Schedule 1, cll2-11).
Establishes an Office of Consumer Affairs and Fair Trading (Office) and a Director who administers and controls it, subject to Ministerial directions (s9(1)-(3); s10(1)-(2)). The Director is an authorised officer (s13(1)) and may delegate most functions (s12A).
Lists the Office’s functions: receive and, when warranted, investigate consumer complaints; receive complaints of deceptive or fraudulent practices; advise and assist consumers; consult and disseminate information to market participants; and collect and collate consumer‑interest information (s11(1)(a)-(e)). The Office supports the Committee (s11(2)).
Grants authorised officers search, inspection, seizure, copy, and questioning powers for the purposes of investigations and the Office’s functions (s14(1)(a)-(d)). Entry to premises used as a dwelling requires occupier consent or a warrant (s14(3)-(4)). Warrants require oath evidence to a magistrate and last one month (s14(4)-(5)). Documents taken may be retained as necessary and certified copies must be supplied on request (s14(6)-(7)).
Current sections
Direct links to the current provisions in Consumer Affairs Act 1988.
documents includes books, papers, accounts, any written records, any computer discs or tapes or other means of storage on a computer, and any computer printouts;
goods includes anything that is the subject of trade, manufacture, or merchandise and anything growing on, or attached to, land that is severable from the land;
services means the conferring of rights or benefits that are provided by a person in the carrying on of an industrial, commercial, business, profit-making, or remunerative undertaking (including a professional practice), and includes the provision for reward of lodging or accommodation;
(a) in relation to goods, includes supply, and resupply, by way of gift, sale, exchange, lease, hire, or hire-purchase; and
(b) in relation to services, includes provision, granting, hiring, and conferring.
(2) A reference to any matter or matters affecting the interests of consumers shall be construed as including a reference to any matter or matters affecting the interests of a particular consumer or a particular class of consumers.
(1) The Committee consists of not less than 7, and not more than 15, members who the Minister considers represent the interests of consumers.
(2) The Minister is to advertise in such publications, and in such manner and form, as the Minister determines for persons to express interest in becoming members of the Committee.
(3) The Minister is to appoint the members of the Committee from the persons who expressed interest under subsection (2) and who the Minister considers have the expertise and qualifications to enable the Committee to perform its functions.
(4) The members of the Committee are to elect one member of the Committee to be chairperson of the Committee.
(5) Schedule 1 has effect with respect to the membership and meetings of the Committee.
(a) to advise, and make recommendations to, the Minister on matters affecting the interests of consumers in Tasmania; and
(b) to consult with consumer organisations and other relevant organisations on emerging issues of concern to consumers; and
(c) to advance the interests of consumers and promote consumer awareness of consumer protection issues; and
(d) to assist the Minister with regard to activities relating to consumer affairs and fair trading; and
(e) such other functions as may be prescribed.
(2) The Committee may make recommendations to the Minister with respect to any matter arising in connection with the performance and exercise of its functions and powers under this Act.
(1) The Committee, not later than 30 September in each financial year, is to submit to the Minister a report on its proceedings during that financial year.
(2) The Committee may submit a report to the Minister on any matter arising in the performance of its functions and the exercise of its powers under this Act.
(3) The Minister must lay a copy of the Committee's report under subsection (1) before each House of Parliament before 31 October in each year.
(4) The Minister may lay a copy of a report, if any, of the Committee under subsection (2) before each House of Parliament.
Functions of Office of Consumer Affairs and Fair Trading
11 Functions of Office of Consumer Affairs and Fair Trading
(1) The functions of the Office are –
(a) [Section 11 Subsection (1) amended by No. 17 of 1996, Applied:24 Jan 2002] to receive complaints from consumers in relation to matters which affect their interests as consumers, to consider and, if the Director deems it warranted, to investigate those complaints, and to take such action in respect of those complaints as seems proper to the Director; and
(b) [Section 11 Subsection (1) amended by No. 17 of 1996, Applied:24 Jan 2002] to receive complaints of fraudulent or deceptive practices in relation to matters which affect, or are likely to affect, the interests of consumers and to take such action in respect of those complaints as seems proper to the Director; and
(d) to consult with and undertake the dissemination of information in relation to matters which affect, or are likely to affect, the interests of consumers to manufacturers, wholesalers, retailers, advertisers, and any other suppliers of goods or services; and
(e) to collect, collate, and disseminate information in respect of matters affecting the interests of consumers.
(3) Subsection (1) shall not be construed to require the Director or any staff of the Office to give, or hold himself out as ready or competent to give, to any consumer advice in relation to the rights and liabilities in law of the consumer concerning any matter, or aid in the enforcement of such rights.
whose appointments are specified in the declaration are authorized officers for the purposes of this Act and those persons may exercise the powers and perform the functions of an authorized officer in conjunction with State Service employment.
(3) *[Section 13 Subsection (3) amended by No. 5 of 1990, s. 3 and Sched. 1 ]*Where the Secretary of the Department, on the advice of the Director, is satisfied that it is necessary or desirable to appoint a person as an authorized officer to assist in carrying out an investigation under this Act, the Secretary of the Department may so appoint a person as an authorized officer to assist in carrying out that investigation.
(4) *[Section 13 Subsection (4) amended by No. 5 of 1990, s. 3 and Sched. 1 ]*An authorized officer appointed under subsection (3) shall be appointed on such terms and conditions as the Secretary of the Department determines.
Part IV
Powers, &c., of Authorized Officers
Part IV Powers, &c., of Authorized Officers
14
Powers of authorized officers to enter premises, &c.
14 Powers of authorized officers to enter premises, &c.
(iii) invoices, documents, or other records relating to goods or services supplied or to be supplied are kept;
(b) enter any place that he knows or reasonably believes to be used by any person as an office, depot, or premises for the purpose of carrying on any business or trade of supplying goods or services;
(c) in any place lawfully entered by him–
(i) [Section 14 Subsection (1) amended by No. 17 of 1996, Applied:24 Jan 2002] search for, examine, take possession of, or make copies of or extracts from invoices, documents, or other records relating to goods or services supplied or to be supplied or relating to any matter the subject of an investigation under this Act; and
(d) make such inquiries as he believes to be necessary or desirable in relation to the performance of his functions under this Act.
(2) An authorized officer shall not forcibly enter any place referred to in subsection (1) unless he has first obtained a warrant pursuant to subsection (4) .
Penalty: Fine not exceeding 50 penalty units or imprisonment for a period not exceeding 9 months, or both.
(3) An authorized officer shall not enter any premises which are, or part of premises which part is, used as a dwelling unless he has the permission of the occupier of those premises or that part to his entry or has obtained a warrant pursuant to subsection (4) .
Penalty: Fine not exceeding 50 penalty units or imprisonment for a period not exceeding 9 months, or both.
(4) A magistrate who is satisfied by evidence on oath upon the complaint of an authorized officer that there is reasonable cause to permit entry to any place referred to in subsection (1) for the purposes specified in that subsection may issue a warrant directed to the authorized officer to enter the place specified in the warrant for the purpose of his exercising in that place the powers conferred on the authorized officer by this Act.
(5) A warrant issued under this section shall, for a period of one month from its issue, be sufficient authority –
(a) to the authorized officer to whom it is directed and to all persons acting in aid of him to enter the place specified in the warrant; and
(b) to the authorized officer to whom it is directed to exercise in respect of the place specified in the warrant all the powers conferred on an authorized officer by this Act.
(6) Where an authorized officer has taken possession of any invoice, document, or other record for the purposes of this Act, that authorized officer may retain that invoice, document, or other record for so long as is necessary for those purposes.
(7) Any person otherwise entitled to possession of an invoice, document, or other record retained by an authorized officer under subsection (6) is, if he so requests it of the authorized officer, entitled to be furnished as soon as practicable with a copy of that invoice, document, or other record certified by the Director to be a true copy and that certified copy shall be received in all courts and elsewhere as evidence of the matters contained in that copy as if it were the original.
15
Powers of authorized officers to require delivery of documents
15 Powers of authorized officers to require delivery of documents
(1) Where an authorized officer has reason to believe that a person has in his possession any invoice, record, or other document, which is relevant to a matter under this Act, he may require that person to deliver that invoice, record, or other document, or a copy of that invoice, record, or other document, as directed.
(2) The requisition under subsection (1) may specify that the document or copy is to be delivered –
(b) [Section 16 Subsection (1) amended by No. 17 of 1996, Applied:24 Jan 2002] use threatening, abusive, or insulting language to an authorized officer engaged in the exercise of his powers or in the discharge of his duties under this Act or to any person assisting an authorized officer who is so engaged; or
(f) fail to produce to an authorized officer any invoice, document, or record whatsoever in his possession or at his disposal when required to do so; or
(g) impersonate an authorized officer.
Penalty: Fine not exceeding 10 penalty units.
(2) Where a person is convicted of an offence against subsection (1)(c) , (d) , (e) , or (f) , the court may order that person to –
The provisions of this Act shall operate in addition to and not in substitution for the provisions of any other Act or rule of law.
18
Saving of civil remedies
18 Saving of civil remedies
No proceeding against or conviction of any person for an offence against this Act shall affect any civil right or remedy available against that person independently of this Act.
19
Name of Committee or Office not to be used in advertisements
19 Name of Committee or Office not to be used in advertisements
(1) [Section 19 Subsection (1) amended by No. 32 of 2006, s. 9, Applied:18 Dec 2006] A person shall not, without the written consent of the chairperson or the Director, as the case may require, make or cause to be made any representation in any visual or aural form, either specifically or by implication, to the effect that–
Penalty: Fine not exceeding 50 penalty units or imprisonment for a period not exceeding 9 months, or both.
(2) Where a person's name appears in relation to a representation referred to in subsection (1) , that person shall be deemed for the purposes of this section to have caused the representation to be made unless it is shown that the representation was made without his knowledge or connivance.
20
Offences
20 Offences
(1) A prosecution for an offence against this Act –
(a) may, with the consent of the Director, be instituted by an authorized officer; and
(i) 3 years from the time when the matter of complaint arose; and
(ii) 6 months from the time when the matter of complaint came to the attention of the Director.
(2) Where a body corporate is charged with an offence against this Act, any person who is concerned or takes part in the management of the body corporate may be charged with a like offence, and where the body corporate is convicted of the offence, any person who is charged with a like offence pursuant to this subsection may be convicted of the like offence unless that person satisfies the court that the act or omission constituting the offence took place without his knowledge or consent.
21
Protection for certain persons in relation to certain publications and acts or things done
21 Protection for certain persons in relation to certain publications and acts or things done
(d) the quality of, price of, quantity of, or any other matter relating to goods supplied by any supplier of goods; and
(e) the quality of, price of, quantity of, or any other matter relating to services supplied by any supplier of services.
(3) [Section 21 Subsection (3) amended by No. 32 of 2006, s. 10, Applied:18 Dec 2006] The Minister, a member of the Committee, the Director or any person acting on behalf of the Director, a Consumer Affairs Officer, or an authorized officer shall not incur any personal liability in respect of any act or thing done, or omitted to be done, in good faith in the administration or execution, or purported administration or execution, of this Act.
(1) [Section 22 Subsection (1) amended by No. 32 of 2006, s. 11, Applied:18 Dec 2006] A person who is or was at any time a member of the Committee, the Director, an authorized officer, or a Consumer Affairs Officer shall not, save in the course of his duty, the performance of his functions, or the exercise of his powers under this Act or where it is competent to him so to do by reason of a provision of this Act, directly or indirectly communicate any information that came to his knowledge in consequence of his being a member of the Committee, the Director, an authorized officer, or a Consumer Affairs Officer, as the case may be.
(2) [Section 22 Subsection (2) amended by No. 13 of 2012, s. 20, Applied:30 May 2012] It is competent to the Director and every other authorized officer to communicate to a consumer whose complaint concerning any matter has been investigated by the Office, or to the Magistrates Court (Civil Division), information concerning that matter which has come to his knowledge as a result of the investigation and which is of a class of information that the Director has authorized, either generally or in a particular case, to be so communicated.
(3) The provisions of subsection (1) shall not be construed to prohibit –
(a) [Section 22 Subsection (3) amended by No. 32 of 2006, s. 11, Applied:18 Dec 2006] the chairperson or the Director or any person authorized in writing by the Director from communicating to the appropriate Minister or official of the Crown in right of the Commonwealth or of Tasmania or of any other State or Territory of the Commonwealth information which the Director considers should be communicated for the purpose of the administration of any law of the Commonwealth or of Tasmania or of such other State or of any Act; or
(b) any person referred to in that subsection, when called as a witness in a proceeding for an offence against this Act, from answering any question that he is compellable to answer in that proceeding.
(b) a person failed to comply with a lawful request, direction, or requisition of the authorized officer; or
(c) a person failed to produce to the authorized officer any invoice, document, or record in his possession or at his disposal when required to do so –
is admissible in any proceedings under this Act and shall be evidence of the matters so certified.
24
Service of documents, &c.
24 Service of documents, &c.
(1) Where under this Act a document or a notice maybe, or is required to be, served on a person, the document or notice may be served –
(a) in the case of a person who is neither a body corporate nor a firm –
(ii) by leaving it at that person's place of residence last known to the person required to serve the document or notice with someone who apparently resides there, or at that person's place of business or employment last known to the person required to serve the document or notice with someone who is apparently employed there, being in either case a person who has or apparently has attained the age of 16 years; or
(ii) by leaving it at the registered office of the body corporate or at the place or principal place of business of the body corporate in Tasmania with a person apparently employed there, being a person who has or apparently has attained the age of 16 years; or
(iii) by sending it by post to the registered office of the body corporate or to the place or principal place of business of the body corporate; or
(ii) by leaving it at the place or principal place of business of the firm in Tasmania last known to the person required to serve the document or notice with a person apparently employed there, being a person who has or apparently has attained the age of 16 years; or
(iii) by sending it by post to the place or principal place of business of the firm in Tasmania last known to the person required to serve the document or notice.
(2) A reference in subsection (1) to the registered office of a body corporate includes a reference to a registered office that is outside Tasmania.
The expenses incurred in the administration of this Act shall be provided out of money provided by Parliament for the purpose.
26
Transitional
26 Transitional
(1) A member of the Consumer Affairs Council appointed under the Consumer Affairs Act 1970 shall continue to hold office for the remainder of the term specified in his instrument of appointment as if the appointment had been made under this Act.
(2) The secretary of the Consumer Affairs Council appointed under the Consumer Affairs Act 1970 shall be appointed as the Director in accordance with this Act.
27
Repeals and amendments
27 Repeals and amendments
(1) The Acts specified in Schedule 3 are repealed.
(2) See Schedule 4.
SCHEDULE 1 - Provisions with r
SCHEDULE 1 - Provisions with respect to membership and meetings of committee
SCHEDULE 1 - Provisions with r SCHEDULE 1 - Provisions with respect to membership and meetings of committee
(a) is to be appointed for such period, not exceeding 3 years, as the Minister thinks fit and is to hold and vacate office in accordance with the terms of his or her appointment or reappointment; and
(b) may be removed from office by the Minister by notice in writing addressed and delivered to that member; and
(c) may at any time resign his or her office by notice in writing addressed and delivered to the Minister.
(2) A member is entitled to be paid such allowances as the Minister determines.
(3) A member who is a State Service officer or State Service employee is not entitled to allowances under this clause except with the approval of the Minister administering the State Service Act 2000 .
(4) The terms and conditions of office of a member, with respect to matters not provided for in this Schedule, are as determined by the Minister.
3. Appointment of substitute to act during absence of member
If a member is unable for any reason to carry out his or her duties as such a member for any period, the Minister may appoint a person who, in his or her opinion, is suitably qualified to act in place of that member during that period, and that person is, for that period, taken to be a member to act in the place of that member during that period.
4. Vacation of office
(1) A member vacates office if he or she –
(a) dies; or
(b) resigns by written notice given to the Minister; or
(2) The Minister may remove a member from office if the member –
(a) is absent from 3 consecutive meetings of the Committee without the permission of the other members of the Committee; or
(b) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or
(c) is convicted, in Tasmania or elsewhere, of a crime or an offence punishable by imprisonment for 12 months or longer or a fine of 300 penalty units or more; or
(d) is convicted of an offence under this Act; or
(e) fails to disclose a pecuniary interest as required under clause 10 .
(3) The Minister may remove a member from office if satisfied that the member is unable to perform adequately or competently the duties of office.
5. Filling of vacancies
If the office of a member becomes vacant, the Minister may appoint a person who the Minister considers represents the interests of consumers to the vacant office for the remainder of that member's term of office.
6. Convening of meetings
Meetings of the Committee may be convened by the chairperson of the Committee or by any 2 or more members.
7. Quorum
At a meeting of the Committee, a quorum is constituted by a majority of the total number of members appointed.
8. Presiding at meetings
(1) The chairperson of the Committee is to preside at all meetings of the Committee at which he or she is present.
(2) If the chairperson of the Committee is not present at a meeting of the Committee, a member elected by the members present is to preside at that meeting.
9. Decision of meeting
A decision carried by a majority of the votes of the members present at a meeting of the Committee is a decision of the Committee.
10. Disclosure of interests
(1) If a member has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Committee, the member must, as soon as practicable after the relevant facts come to the member's knowledge, disclose the nature of the interest to the Committee.
Penalty: Fine not exceeding 100 penalty units or a term of imprisonment not exceeding 3 months, or both.
(2) Unless the Committee otherwise determines, a member who has made a disclosure under subclause (1) in relation to a matter must not –
(a) be present during any deliberation of the Committee in relation to the matter; or
(b) take part in any decision of the Committee in relation to the matter.
(3) For the purpose of making a determination under subclause (2) , the member to whom the determination relates must not –
(a) be present during any deliberation of the Committee for the purpose of making the determination; or
(b) take part in making the determination.
11. Power of Committee to regulate its own procedure
Subject to this section, the Committee may determine the procedure for the calling of meetings of the Committee and for the conduct of business at those meetings.
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part I Preliminary
Part I Preliminary
1 Short title
1 Short title
This Act may be cited as the Consumer Affairs Act 1988 .
2 Commencement
2 Commencement
This Act shall commence on the day on which it receives the Royal Assent.
3 Interpretation
3 Interpretation
(1) In this Act, unless the contrary intention appears –
advertising includes any activity calculated or intended to promote or increase the sale or use of any goods or services;
[Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001]Agency has the meaning assigned to that expression in the State Service Act 2000 ;
authorized officer means the Director or a person declared to be or appointed as an authorized officer under this Act;
[Section 3 Subsection (1) amended by No. 32 of 2006, s. 4, Applied:18 Dec 2006]
[Section 3 Subsection (1) amended by No. 32 of 2006, s. 4, Applied:18 Dec 2006]chairperson means the chairperson of the Committee;
[Section 3 Subsection (1) amended by No. 32 of 2006, s. 4, Applied:18 Dec 2006]Committee means the Tasmanian Consumer Advisory Committee established under this Act;
consumer includes any person using, or taking advantage of, any service;
[Section 3 Subsection (1) amended by No. 61 of 1999, Sched. 1, Applied:24 Nov 1999]Consumer Affairs Officer means an employee employed in the Office of Consumer Affairs and Fair Trading;
[Section 3 Subsection (1) amended by No. 32 of 2006, s. 4, Applied:18 Dec 2006]
Authorises requisitions for documents and prescribes modes and times for delivery (s15).
Creates offences and procedural rules to support enforcement: obstruction, non‑cooperation and giving false information to authorised officers are offences (s16), prosecutions may be instituted by authorised officers with the Director’s consent and time limits for commencing prosecutions are set (s20(1)); where a corporation is charged, persons involved in management can be charged and convicted unless they show lack of knowledge or consent (s20(2)). Specific advertising restrictions prevent implying Office, Committee or Director approval (s19).
Provides protections and secrecy rules: people disclosing to the Committee/Office are protected from personal liability for certain disclosures (s21(1)-(2)); officers are protected where acts are done in good faith (s21(3)); and members, officers and staff are generally bound by secrecy but may disclose in limited circumstances (s22). Evidence obtained by authorised officers is generally not admissible in other civil or criminal proceedings except proceedings under this Act or specified Acts (s16(4)).
Preserves civil remedies and non‑exclusivity: the Act operates in addition to other remedies and proceedings (s17, s18). Section 3A explicitly extends the Act’s functions and powers to investigations and matters arising under certain other Acts listed in the text (s3A).
The Act does not set a single statement of objects; rather it achieves consumer protection through institutional architecture (Committee and Office), investigatory powers, and offence provisions. The statutory text contains numerous amendment annotations identifying later changes to definitions, Part II (Committee), authorised officer powers, and other provisions; Schedule 3 and 4 list repealed Acts and consequential amendments (Schedule 3; Schedule 4).
The official operational rationale is visible in the Office’s enumerated functions (s11): receiving and investigating consumer complaints, acting on deceptive or fraudulent practice complaints, advising and assisting consumers, disseminating information and consulting with industry. The Act’s mechanics convert those functions into investigatory powers (entry, seizure, requisition), administrative structures (Director, authorised officers, Committee), reporting obligations (Committee to report annually, s7), and procedural protections (secrecy, admissibility rules, and limitations on use of the Committee or Office name in advertising, s19). Below this description, the deep dive tests implementation rights and duties, who pays, who decides, likely compliance burdens, and concrete legal hooks.
Main concepts
The Act’s core legal concepts are defined in the interpretation section and then operationalised throughout the instrument.
Consumer and consumer interests: "consumer" is broadly defined to include any person using or taking advantage of any service (s3(1)). Section 3(2) clarifies that references to matters affecting the interests of consumers include matters affecting particular consumers or classes of consumers.
Goods, services and supply: "goods" and "services" are given broad meanings. "Goods" includes anything tradeable and anything severable from land (s3(1)); "services" means conferring rights or benefits in the carrying on of a commercial, industrial or profit‑making undertaking, explicitly including lodging and accommodation (s3(1)). "Supply" covers sale, gift, lease, hire, hire‑purchase and, for services, provision and conferral (s3(1)). These definitions broaden the Act’s reach to a wide set of commercial activities.
Committee and Office architecture: The Committee is advisory (s4) with functions limited to advising the Minister, consulting with consumer organisations, advancing consumer interests, and assisting the Minister (s6(1)(a)-(d)). The Office, led by the Director, conducts investigations, receives complaints, advises consumers, and disseminates information (s11). The Director has administrative control of the Office and must comply with Ministerial directions (s9(2)-(3)). The Director can delegate functions (s12A).
Authorised officers: The Director is an authorised officer and the Secretary may declare State Service staff as authorised officers (s13(1)-(2)). Authorised officers may exercise investigatory powers for the Office’s functions (s14(1)).
Investigatory powers: Authorised officers can enter business premises, examine goods and documents, open packages, seize and retain documents, question staff, and make inquiries (s14(1)(a)-(d), (c)(i)-(iv); s14(6)). Entry to dwellings requires consent or warrant (s14(3)-(4)). Warrants are issued by a magistrate on oath (s14(4)), last one month (s14(5)), and permit authorised officers and persons acting in aid to exercise their powers at the specified place (s14(5)(a)-(b)). Requisition power to require delivery of documents and copies is explicit (s15).
Offences supporting enforcement: obstruction, assault, resisting, impeding, using insulting language, failing to furnish information, furnishing false or misleading information, failing to comply with lawful requisitions, failing to produce documents and impersonation of officers are offences with penalties specified (s16). Advertising representations implying Committee or Office approval are prohibited (s19).
Procedural and evidentiary controls: Certificates by authorised officers certifying failures or breaches are admissible as evidence (s23(2)). Evidence obtained by authorised officers is generally inadmissible in proceedings outside this Act and certain named Acts (s16(4)). Service of documents is tightly specified with cross‑references to certain Corporations Act sections (s24).
Safeguards and protections: Persons disclosing to the Committee or Office in specified matters incur no personal liability for that disclosure (s21(1)-(2)), and the Minister, Committee members, Director, and authorized officers are protected for acts done in good faith (s21(3)). However, members and staff are bound by secrecy and may not communicate information obtained except in limited circumstances (s22(1)-(3)).
These concepts combine administrative oversight (Committee and Ministerial control), investigatory power (authorised officers with entry and seizure powers), and a regulatory focus on consumer information and enforcement. The definition elements are expansive, which tends to increase the domain over which investigatory and enforcement powers can be deployed.
Who it affects
The Act’s scope and the entities it affects are determined by the definitions and by the investigatory and enforcement powers.
Businesses supplying goods or services in Tasmania: Given the broad definitions of "goods", "services", and "supply" (s3(1)), suppliers at all points of the value chain , manufacturers, wholesalers, retailers, advertisers, service providers, lodging/accommodation providers , fall within the Act’s operational reach. The Office’s functions explicitly include dissemination of information to "manufacturers, wholesalers, retailers, advertisers, and any other suppliers of goods or services" (s11(1)(d)).
Corporate officers and management: s20(2) permits charging persons concerned in the management of a body corporate with a like offence when the corporate entity is charged. Conviction of the corporation can lead to conviction of those persons unless they prove lack of knowledge or consent. This extends risk of criminal or quasi‑criminal liability to senior management and decision‑makers connected to contraventions.
Consumers: The Act empowers consumers to lodge complaints (s11(1)(a)); it also protects persons who disclose consumer‑related information to the Committee, Director or authorised officers from personal liability for those disclosures (s21(1)).
Government officers and institutions: The Director, Consumer Affairs Officers and authorised officers are affected as the Act creates roles, duties, protections and secrecy obligations for them (s9, s11, s13, s21, s22). The Minister has appointment, reporting and direction powers (s5, s7, s9(3)), which affect those who run and staff the Office and Committee.
Persons with commercial reputations: s21(2)(c) protects disclosures regarding the commercial or business reputation of any person associated with supplying goods or services, meaning reputational complaints can be reported to the Office with protection.
Occupiers of premises: s14(1)-(3) gives authorised officers powers to enter and search commercial premises and, with limitations, dwellings. Occupiers must either consent or a magistrate must issue a warrant.
Advertisers and marketers: s19 restricts representations that goods or services have the Committee, Director or Office's approval. Businesses using the Committee or Office name in marketing must secure written consent from the chairperson or Director.
Geographic and cross‑statutory reach:
Section 3A expressly extends the Office’s functions and powers to contraventions or matters arising under a list of other Acts: Collections for Charities Act 2001, Motor Vehicle Traders Act 2011, Prepaid Funerals Act 2004, Residential Tenancy Act 1997, Retirement Villages Act 2004 (s3A). This imports additional regulated sectors into the Office’s remit.
s24(3) explicitly states the service provisions are in addition to certain Corporations Act provisions (sections 109X and 601CX), indicating the Act is designed to operate alongside federal corporate regulatory instruments.
Who pays and who decides:
Parliamentary funding must supply the Office’s administrative expenses (s25).
The Minister decides appointments to the Committee (s5(3)), appoints the Director through the State Service mechanism (s9(1)), may give directions to the Director (s9(3)), and must table the Committee’s annual report in Parliament (s7(3)). These are clear decision points where political or administrative choices determine governance, priorities and resourcing.
In short, the Act affects a wide sweep of private sector firms engaged in supplying goods or services in Tasmania, their management, consumers, and various public officers and institutions. Businesses trading in the specified additional Acts listed in s3A should note the Office’s extended reach.
Key duties and rights
The Act imposes duties on several groups and confers rights or protections that structure investigatory and advisory processes.
Duties
Director and Office:
Administer and control the Office and perform its functions: receive and investigate complaints, investigate fraudulent or deceptive practices, advise and assist consumers, disseminate information to market participants, collect and collate consumer information (s11(1)(a)-(e); s11(2)).
Comply with directions from the Minister (s9(3)).
Attend and participate in Committee meetings (s12(1)), refer matters more appropriately for Committee consideration (s12(3)), and furnish information to the Committee on request (s12(4)-(5)).
Retain seized invoices or documents as necessary (s14(6)) and furnish certified copies on request (s14(7)).
Committee members:
Attend meetings, elect a chairperson, consult consumer organisations, advise the Minister (s4, s6). Schedule 1 requires members to disclose direct or indirect pecuniary interests as soon as practicable and imposes a penalty for failure to disclose (Schedule 1 cl10(1)).
Members must not participate in deliberation or decision on matters where they have declared a pecuniary interest unless the Committee determines otherwise (Schedule 1 cl10(2)).
Authorised officers:
Exercise entry, inspection and requisition powers only for the purposes of the Office’s functions and investigations (s14(1)).
Not forcibly enter premises without a warrant (s14(2)) and not enter dwellings without consent or warrant (s14(3)); they must obtain a warrant under s14(4) when needed and operate within the warrant’s one‑month validity (s14(5)).
Persons generally:
Must not obstruct, resist, assault, impede, or impersonate an authorised officer; must not give false or misleading information or fail to comply with lawful requests or requisitions by authorised officers (s16(1)(a)-(g)). Penalties apply (fine not exceeding 10 penalty units for obstruction offences, s16 penalty provision).
Cannot make representations implying Committee/Office approval of goods or services without written consent (s19(1)(a)-(b)); penalty up to 50 penalty units or imprisonment up to 9 months, or both.
Corporate managers: management personnel of a charged corporation may be charged for like offences (s20(2)), leading to an onus to prove lack of knowledge or consent if charged.
Rights and protections
Right to make complaints: Consumers have the right to have complaints received by the Office and, if the Director deems it warranted, investigated (s11(1)(a)).
Protection from liability for disclosures: Persons disclosing information to the Committee, Director, Consumer Affairs Officer or authorised officer in relation to supply of goods, services, reputation, quality, price and related matters are protected from personal liability for the disclosure (s21(1)-(2)).
Protection for officers acting in good faith: The Minister, Committee members, Director, persons acting on behalf of the Director, Consumer Affairs Officers and authorised officers are protected from personal liability for acts or omissions done in good faith in the administration or execution of the Act (s21(3)).
Secrecy and permitted disclosure: Committee members and officers must generally keep information secret (s22(1)), with a specified competence to disclose investigation information to the consumer concerned or to the Magistrates Court (Civil Division) where authorised by the Director (s22(2)). There are also specific exceptions allowing communications to Ministers or officials for law administration or when compellable as witnesses (s22(3)).
Evidence and admissibility: Certificates by authorised officers certifying non‑compliance are admissible as evidence in proceedings under this Act (s23(2)). Evidence obtained under s16 is not admissible against persons in other civil or criminal proceedings except for proceedings under this Act and the specified Acts (s16(4)).
Reporting duties
The Committee must submit an annual report to the Minister by 30 September each financial year, which the Minister must lay before both Houses before 31 October (s7(1)-(3)). The Committee may make other reports and the Minister may lay them before Parliament (s7(2)-(4)).
Procedural duties related to prosecution and service
Prosecutions for offences under the Act may be instituted by an authorised officer with the Director’s consent (s20(1)(a)) and are subject to limitation periods: commencement within 3 years from when the matter arose and within 6 months from when the matter came to the Director’s attention (s20(1)(b)).
Service of documents must follow detailed rules in s24 and includes personal delivery, leaving at the known residence or business, or posting, with special provisions for bodies corporate and firms; s24(3) clarifies these are additional to certain Corporations Act service provisions.
Who decides
The Minister decides key appointments (s5), may direct the Director (s9(3)), and is responsible for tabling Committee reports (s7(3)). The Secretary of the Department may declare authorised officers (s13(2)). A magistrate issues warrants on oath (s14(4)). Courts may order convicted persons to furnish information or comply with directions in some circumstances (s16(2)).
In sum, duties fall on the Director, authorised officers, Committee members, businesses and individuals; rights include protections for informants, limited admissibility of evidence, and procedural protections such as warrant and service requirements.
Penalties and enforcement
The Act establishes criminal or quasi‑criminal sanctions, administrative enforcement tools, and evidentiary mechanisms to support enforcement. Enforcement is a mixture of authorised‑officer‑led investigations, magistrate warrants, and prosecution by authorised officers with Director consent.
Penalties specified in the text
Entry without warrant or forcible entry: s14(2) and s14(3) each carry a penalty of a fine not exceeding 50 penalty units or imprisonment not exceeding 9 months, or both. These are expressed as penalties for unauthorised forcible entry by persons other than authorised officers.
Obstruction and non‑cooperation (s16):
s16(1) creates multiple offences: assaulting, resisting, impeding, obstructing an authorised officer; using threatening, abusive or insulting language to an authorised officer; failing to furnish information when required; furnishing false or misleading information; failing to comply with lawful requisition; failing to produce documents; impersonating an authorised officer. Penalty for contravention of s16(1) is a fine not exceeding 10 penalty units.
s16(2) allows courts, upon conviction for specific subsections, to order the convicted person to furnish the information, comply with the requisition, or produce the documents that were the subject of the offence.
Advertising representations (s19):
Making a representation implying that goods or services have the approval of the Committee, Director or Office, or that activities have such approval or cooperation, without written consent, carries a penalty up to 50 penalty units or imprisonment up to 9 months, or both.
Schedule 1, cl10(1) , pecuniary‑interest disclosure by Committee members:
Failure to disclose a pecuniary interest as required carries a penalty not exceeding 100 penalty units or imprisonment up to 3 months, or both.
Enforcement mechanics
Investigations and warrants:
Authorised officers may investigate and, where necessary, apply to a magistrate on oath for a warrant to enter premises (s14(4)). Warrants last one month and authorise entry and the exercise of investigatory powers at the specified place (s14(5)).
Authorised officers can search, examine, seize and take copies of documents, open packages, examine goods and question employees in premises lawfully entered (s14(1)(c)(i)-(iv)).
Where authorised officers have taken possession of documents, they may retain them while necessary (s14(6)) and provide certified copies on request (s14(7)).
Requisition and compellability:
Under s15, authorised officers can require persons to deliver invoices, records or other documents or copies, specifying place, recipient, time and manner of delivery.
Failure to comply with a lawful requisition is an offence (s16(1)(e)), and courts may order compliance after conviction (s16(2)).
Prosecution:
Prosecutions for offences under the Act may be instituted by an authorised officer with the Director’s consent (s20(1)(a)). Time limits apply: proceedings must be commenced within 3 years from when the matter of complaint arose and within 6 months from when the matter came to the Director’s attention (s20(1)(b)(i)-(ii)). Both time limits apply as preconditions for prosecution under the plain reading of s20(1)(b).
When a body corporate is charged, persons in management can be charged for like offences and convicted unless they establish the act or omission occurred without their knowledge or consent (s20(2)). This enables enforcement targeting both entities and responsible individuals.
Evidentiary tools:
Certificates signed by authorised officers certifying failures to furnish information, furnishing false information, failing to comply with requisitions, or failing to produce documents, are admissible evidence in proceedings under this Act (s23(2)).
Conversely, s16(4) limits the admissibility of information obtained by authorised officers in other civil or criminal proceedings, restricting its use outside this Act and the named Acts (Collections for Charities Act 2001, Prepaid Funerals Act 2004, Residential Tenancy Act 1997, Retirement Villages Act 2004). This both protects informants and constrains enforcement cross‑use of materials.
Protections and immunities:
The Act protects members, officers and other authorised persons acting in good faith from personal liability in respect of acts done in administration of the Act (s21(3)). It also protects those who make disclosures to the Committee/Office from personal liability (s21(1)-(2)). These immunities are intended to encourage reporting and permit officers to act without fear of personal suits for honest exercise of functions.
Practical enforcement risks and realities
The combination of warrant power and document‑requisition powers gives authorised officers wide practical tools to gather evidence (s14, s15).
Time limits on prosecution (s20(1)(b)) impose practical constraints on the window for bringing charges; prosecutors must ensure actions are commenced within both periods stated.
The admissibility of certificates (s23(2)) reduces evidentiary burdens in court proceedings under the Act.
The Act enables enforcement both against corporate entities and individual managers, thereby increasing the personal legal risk for management decisions that lead to contraventions (s20(2)).
However, evidence obtained under the Act is constrained from use in other proceedings, which may limit multi‑jurisdictional or cross‑statute enforcement strategies (s16(4)).
Overall, enforcement is built on administrative investigatory capacity, warranted entry, document seizure and certification, and a prosecutorial route requiring Director consent, with penalties ranging from fines to imprisonment for more serious contraventions and specific serious breaches such as false advertising or non‑disclosure of pecuniary interests by Committee members.
How it interacts with other laws
The Act is designed to operate alongside and in aid of a suite of other legislation, and the text contains explicit cross‑references and limits.
Express cross‑statutory reach
Section 3A: The Act’s functions and powers may be performed in respect of contraventions of, or matters arising under, a specific list of Acts: Collections for Charities Act 2001, Motor Vehicle Traders Act 2011, Prepaid Funerals Act 2004, Residential Tenancy Act 1997, Retirement Villages Act 2004 (s3A). This provision gives the Office the power to investigate and act in relation to matters under those Acts, effectively folding those statutory domains into the Office’s investigatory remit.
Section 16(3) and s16(4): The conduct of an investigation by an authorised officer under this Act is considered the discharge of duties under the Act and specified Acts (Collections for Charities Act 2001, Prepaid Funerals Act 2004, Residential Tenancy Act 1997, Retirement Villages Act 2004) (s16(3)). Section 16(4) then limits admissibility of information obtained under this section to proceedings under this Act or the specified Acts. That both enables coordination across these Acts and constrains evidence use outside these instruments.
Section 24(3): Service provisions are stated to be in addition to specified sections of the Corporations Act (sections 109X and 601CX). This indicates the Act was drafted to avoid conflict with federal corporate process for service of documents, and to be complementary when dealing with corporate entities.
Non‑exclusivity and preservation of other remedies
Section 17 establishes that the Act operates in addition to, and not as a substitute for, other legislation or common law rules. Section 18 expressly saves civil remedies, stating that a proceeding or conviction under this Act does not affect civil rights or remedies available independently of this Act. Together these provisions indicate the Act is supplemental to existing statutory, regulatory and common law causes of action.
Ministerial and administrative overlay
Section 9(3) requires the Director to comply with any Ministerial directions, which creates a vertical interaction with executive administrative law (directions subject to the State Service Act 2000 appointment mechanism, s9(1)). Where other Acts create duties for public officers, the Minister’s direction power may influence policy priorities and enforcement practice under those other Acts when the Office is acting under s3A.
Section 22(3)(a) permits communication to appropriate Ministers or Crown officials in Tasmania, other States or the Commonwealth for law administration. This creates an interoperability path for regulatory intelligence and administrative cooperation between jurisdictions.
Admissibility limits and evidence barriers
Section 16(4) constrains the cross‑use of evidence obtained by authorised officers to proceedings under this Act and the listed Acts. This limits the ability of private litigants or other enforcement agencies to repurpose evidence gathered under this Act in unrelated civil or criminal proceedings, unless those proceedings fall under the named statutory heads.
Service and corporate procedural alignment
The service rules in s24 are expressly additional to federal Corporations Act service provisions. Practically this means documents can be served in Tasmania under this Act using the methods provided, but federal corporate procedures (e.g. for certain Corporations Act matters) remain available.
Repeals and historical overlay
Schedule 3 lists earlier Consumer Affairs Acts (1970 and 1976) that the Act repeals, indicating consolidation and replacement of prior Tasmanian consumer law frameworks (Schedule 3).
Schedule 4 lists various Acts (Court of Requests (Small Claims Division) Act 1985; Flammable Clothing Act 1973; Good (Trade Descriptions) Act 1971; Pyramid Selling Act 1974; Sale of Hazardous Goods Act 1977; Travel Agents Act 1987) as amended , the schedule indicates cross‑statutory housekeeping and amendment consequences at enactment (Schedule 4).
Practical implications
Sectors regulated under the Acts named in s3A should treat the Office as an enforcement and investigatory body for the purposes of those Acts. Investigatory processes, admissibility rules and protections under this Act therefore apply when the Office exercises functions linked to those Acts.
The Act’s non‑exclusivity (s17, s18) means private civil actions or other statutory processes remain available in parallel with Office investigations and prosecutions.
Evidence gathered by authorised officers under this Act may be constrained for use outside the Act and the specified Acts (s16(4)), so cross‑agency or cross‑statute enforcement strategies must account for potential admissibility limits.
In short, the Act is designed to cooperate with and supplement other legislative regimes while also delimiting how materials it gathers can be reused beyond its statutory ambit.
Amendment history
The source text contains multiple in‑line amendment notations. The Act has been modified at various points; the annotations in the provided text identify the amending instruments and applied dates where given. Below is a concise, source‑grounded chronology of amendments as shown in the text, restricted to what the Act itself records.
Major consolidation/substitution events
No. 32 of 2006, s5 (Applied: 18 Dec 2006): Part II was substituted (the provisions concerning the Tasmanian Consumer Advisory Committee). Schedule 1 was substituted by the same amending instrument (Schedule 1 citation). Several sections (3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 19, 21, 22, 23 and Schedule 2) show amendments or repeal references to No. 32 of 2006. Practically, the 2006 instrument reworked the Committee provisions and other parts of the Act.
No. 86 of 2000, Sched. 1 (Applied: 01 May 2001): Multiple definition and text amendments in s3 and elsewhere are noted as amended by No.86 of 2000 (e.g., amendments to definitions of "advertising", "documents", "services", and authorisation provisions in s13). The Act records these specific amending annotations.
No. 61 of 1999, Sched. 1 (Applied: 24 Nov 1999): Amendments to s3, s9 and s10 are annotated as by this Act, including changes to definitions and Director provisions.
No. 17 of 1996 (Applied: 24 Jan 2002 in some annotations): Several sections, particularly s5, s6, s11, s14, and Schedule 1, were subject to amendment by No.17 of 1996 (the in‑text notes show those amendments as applied 24 Jan 2002 in many instances).
No. 103 of 1995, s5 and Sched. 1: Inserted s3A (Application of this Act) and appears in multiple amendment notes as an insertion.
No. 82 of 1997, Sched. 3 (Applied: 01 Jul 1998): s3A, s16 and other subsections were amended by this instrument as noted.
No. 28 of 2001, s20 (Applied: 01 Oct 2001): Several subsections, including those in s3A and s16, show amendment notes referencing this instrument and applied date.
No. 11 of 2004, s31 (Applied: 01 Mar 2005) and No. 50 of 2004, s46 (Applied: 01 Jul 2005): s3A and s16 show amendments from these instruments with applied dates indicated.
No. 77 of 2009, Sched. 1 (Applied: 01 Jul 2010): s3A and s16 show amendments applied from this instrument.
No. 23 of 2011, Sched. 1 (Applied: 31 Dec 2011): s3A shows amendment.
No. 16 of 2006, s13 (Applied: 01 Nov 2006): Inserted s12A (Delegation).
No. 5 of 1990, s3 and Sched. 1: Several earlier amendments and substitutions date to 1990.
No. 7 of 2004, Sched. 1 (Applied: 01 Aug 2004): s20(1) time limits updated by this instrument.
No. 13 of 2012, s20 (Applied: 30 May 2012): s22(2) amended, allowing Director and authorised officers to communicate information to consumers or the Magistrates Court where authorised (s22(2) annotation).
No. 17 of 2005, Sched. 1 (Applied: 10 Jun 2005): Schedule 1 amendments referenced.
Schedules and repeals
Schedule 3 lists the repealed Consumer Affairs Acts of 1970 (No.26 of 1970) and 1976 (No.31 of 1976) (Schedule 3).
Schedule 4 lists a set of Acts subject to consequential amendments at enactment (Court of Requests (Small Claims Division) Act 1985; Flammable Clothing Act 1973; Goods (Trade Descriptions) Act 1971; Pyramid Selling Act 1974; Sale of Hazardous Goods Act 1977; Travel Agents Act 1987).
Constraints on describing amendment content
The Act’s in‑text annotations identify which sections were amended and the instruments and applied dates, but do not always state the substance of the amendments. Where the text indicates substitution (e.g. "Part II Substituted by No.32 of 2006"), the content now appearing in Part II is the substituted text; the source does not provide the prior text in this document. The above summary therefore confines itself to the amending instruments and the sections they affected as recorded in the source.
For a complete and authoritative legislative history, consult the consolidated Act and the amending instruments listed by year and number in the annotations.
Litigation history
The text of this Act as provided contains no judicial decisions, case citations, or a recorded litigation history. The Act itself does not name or summarise any cases.
What the source does show with respect to litigation and courts
Section 14(4) requires a magistrate to issue entry warrants on oath when authorised officers seek forced entry for investigative purposes; the magistrate is therefore the judicial gatekeeper for warranted intrusion.
Section 22(2) permits the Director or authorised officers to communicate certain information to the Magistrates Court (Civil Division), which anticipates use of civil courts to resolve consumer complaints or disputed matters.
Section 23(2) renders certificates by authorised officers admissible as evidence in proceedings under the Act, which shapes evidentiary practice in any litigation or prosecution brought under the Act.
Section 16(4) limits the admissibility of information obtained by authorised officers in other civil or criminal proceedings, except in prosecutions under this Act and certain specified Acts. This restriction affects the potential use of Office materials in multi‑forum litigation.
Implications for research into case law
Because the Act provides investigatory and prosecution tools and contemplates proceedings in the Magistrates Court and other courts, it is likely there is relevant case law developing around interpretation of warrant grounds, the scope of authorised officers’ powers, limits on entry and seizure, the admissibility of certificates and evidence, and the application of s20(2) corporate‑management liability. However, none of that judicial material is contained in the source provided.
To assemble a litigation history, one must search Tasmanian court databases, published judgments, or legal reporting services for decisions that reference this Act, warrant procedures under s14, prosecutions commenced under s20, or decisions addressing s16(4) evidentiary limits.
In short, the Act contains procedural hooks that necessarily interact with courts, but the provided statute text contains no internal record of litigation or judicial interpretation.
Gotchas
This section flags specific textual features and legal mechanics within the Act that commonly cause unintended consequences or surprise stakeholders, based strictly on the statute text.
Broad definitions expand regulatory reach (s3)
"Services" explicitly includes professional practices and lodging/accommodation; "supply" includes gifts and leases. These definitions mean organisations and activities that might think themselves outside a consumer protection statute could be caught. Businesses providing non‑traditional services should not assume exclusion.
Ministerial direction to the Director (s9(3))
The Director "shall comply" with Ministerial directions. This creates a direct line of executive control over enforcement priorities and operations. Entities interacting with the Office should expect policy directives to shape investigatory focus.
Dual time bars on prosecution (s20(1)(b))
The prosecution time limit reads as two distinct periods: prosecutions must be started within 3 years from when the matter arose and within 6 months from the time the matter came to the Director's attention. Both limits apply under the plain text, potentially producing a narrow window. Prosecutors and defence counsel should check both triggers when assessing timeliness.
Management liability exposure (s20(2))
Managers or persons who take part in the management of a charged body corporate can be charged and convicted of like offences unless they show lack of knowledge or consent. This places an evidential onus on management in corporate prosecutions.
Warrants limited to one month but broad powers within period (s14(5))
A warrant lasts one month and authorises entry and the exercise of powers at the specified place. If authorised officers need extended access a separate warrant process or consent is required. However, within that month they can exercise broad search and seizure powers, including opening packages and removing documents (s14(1)(c)(iii), s14(6)).
Evidence obtained under the Act limited in use (s16(4))
Information obtained by authorised officers is not admissible in civil or criminal proceedings except proceedings under this Act or the named Acts. This restricts third parties seeking to use Office‑obtained evidence in unrelated litigation, making joint enforcement or private litigation strategies dependent on whether the target proceeding falls within the Act’s exceptions.
Advertising prohibition has criminal penalty (s19)
Businesses may not imply Office/Committee approval without written consent, under penalty of up to 50 penalty units or 9 months imprisonment. Marketers must ensure advertising copy avoids implication of government approval.
Disclosure and secrecy interplay (s21, s22)
Persons disclosing information to the Office are protected from liability (s21(1)) but officers and Committee members are bound by secrecy (s22(1)). The Director may authorise communications of a class of information to consumers or the Magistrates Court (s22(2)). Parties must manage confidentiality carefully: disclosures to the Office are protected, but public disclosure by Office staff is constrained.
Certificates are evidence but scope limited (s23(2))
Certificates by authorised officers about failures or false information are admissible evidence under the Act, simplifying prosecution, but these certificates may not be usable outside the Act’s specified proceedings because of s16(4).
Committee membership consequences (Schedule 1)
Failure to disclose a pecuniary interest attracts a substantial penalty (100 penalty units or 3 months imprisonment). Office holders and prospective Committee members must be diligent about declarations; the penalty is higher than many other offences in the Act.
Service rules and federal overlay (s24)
Service options include various modes and s24(3) states these are additional to Corporations Act service rules. Practitioners must ensure service complies both with s24 and any relevant Corporations Act provisions when parties are corporate.
Delegation carve‑out (s12A)
The Director may delegate "any of his or her functions or powers under this Act other than this power of delegation" (s12A). Practically this means the Director can allocate operational duties, but cannot delegate the power to delegate itself.
Each of these features is a textual consequence of the statute and can affect evidence strategy, compliance processes, corporate governance, advertising, and interplays with other proceedings. Parties should map these mechanics to operational procedures (see How to comply).
How to comply
This section translates statutory duties and exposure into practical compliance steps that businesses, consumer organisations, Committee members and public officers should consider, strictly grounded in the Act’s text.
Records, retention and document handling (s14(1)(c)(i), s14(6)-(7); s15)
Maintain organised, accessible records of invoices, contracts, advertising materials, supplier records and customer complaints. Authorised officers can seize and retain documents (s14(6)), and requisition copies under s15. Having up‑to‑date, indexed copies facilitates compliance with a document requisition and reduces disruption.
Produce certified copies where originals are retained: s14(7) entitles the person otherwise entitled to possession to request a certified copy. Establish a record of what was provided and maintain a clear chain of custody.
Prepare staff for authorised officer visits (s14, s16)
Train staff to identify authorised officers (ensure officers present appropriate credentials) and to respond lawfully. Do not obstruct, resist, give false information, or impersonate officers (s16(1)(a)-(g)); such conduct is an offence with specified penalties.
If an authorised officer seeks entry to premises used as a dwelling, confirm whether occupier consent exists. If not, request to see a magistrate warrant (s14(3)-(4)). Ensure lines of communication to legal counsel for immediate advice in warranted entry situations.
Advertising and marketing (s19)
Avoid any representation that goods, services, or activities have Committee, Director or Office approval or cooperation unless written consent is obtained from the appropriate person (chairperson or Director) (s19(1)). Review websites, brochures and third‑party advertising for implicit claims of government endorsement.
Responding to requisitions and legal compulsion (s15, s16(2))
Comply with requisitions under s15 which may specify time, place and manner of delivery. Non‑compliance is an offence (s16(1)(e)), and a court may order compliance upon conviction (s16(2)). Set internal escalation protocols for handling legal requisitions and ensure timely, lawful responses.
Manage corporate governance and managerial personal exposure (s20(2))
Senior managers should have documented decision‑making processes, delegation records and compliance supervision programs to evidence oversight in case of corporate charges. Because managers can be charged with like offences, those records will be material to any defence that an act occurred without their knowledge or consent.
Protect confidential information and understand disclosure immunities (s21, s22)
When disclosing to the Office, be mindful that s21(1) protects persons making disclosures about supply, quality, price, reputation and related matters from personal liability. Ensure legal privilege considerations are addressed externally, because s16(4) limits the admissibility of information obtained by authorised officers in other proceedings.
Office and Committee officers must handle information in accordance with secrecy obligations (s22(1)). If the Director authorises communications to the consumer or the Magistrates Court (s22(2)), follow those authorisations.
Committee membership compliance (Schedule 1 cl10)
Members must disclose direct or indirect pecuniary interests as soon as practicable (Schedule 1 cl10(1)) and, unless the Committee determines otherwise, must not take part in deliberations or decisions related to the interest (Schedule 1 cl10(2)). Because failure attracts a high penalty, maintain a standing register of interests and minutes recording disclosures and abstentions.
Operational and reporting processes (s7, s11)
For consumer organisations and businesses: keep a complaints log and resolution records. The Director’s function includes receiving and investigating complaints (s11(1)(a)). Being able to demonstrate responsive complaint handling may reduce regulatory escalation.
The Committee must submit an annual report to the Minister by 30 September (s7(1)). Consumer organisations seeking input should be ready to provide documented submissions or data when consulted.
Service and procedural readiness (s24)
Designate appropriate persons to accept service of processes, and maintain clear records of registered offices and principal places of business for service purposes. For bodies corporate, note that service may be made on the secretary or at the registered office, and s24(3) adds that this is in addition to some Corporations Act provisions.
Prepare for warrants and limit exposure (s14(4)-(5))
If a warrant is sought against your premises, seek legal advice immediately. Warrants last one month and authorise significant investigatory actions; having a compliance‑oriented legal response plan is prudent.
Evidentiary considerations (s23(2); s16(4))
Certificates by authorised officers are admissible in proceedings under the Act (s23(2)). Preserve records and contemporaneous notes that can challenge or contextualise such certificates if needed.
If your organisation is involved in litigation outside the Act, be aware that evidence gathered by authorised officers may be inadmissible in other civil/criminal proceedings unless those proceedings are under the Act or the specified Acts (s16(4)). Consider whether alternative evidence collection outside Office processes is necessary.
Time limits for enforcement (s20(1)(b))
If you are a potential defendant or a complainant, note that prosecutions under the Act are subject to time limits: within 3 years from when the matter arose and within 6 months from when the matter came to the Director's attention. For complainants, lodge matters promptly to avoid running into the 6‑month window.
Insurance and risk management
Consider insurance cover for investigations and regulatory enforcement costs. The Act provides immunities for officers acting in good faith (s21(3)) but does not extend to private parties. Insurance may assist with investigation costs and reputational management.
Cooperate while preserving legal rights
Cooperation with authorised officers reduces the risk of obstruction offences. At the same time, preserve privilege and consult legal counsel in real time about compelled productions and the scope of document requests, and log all interactions with Office personnel.
Delegation and administrative records (s12A)
If you are a public entity interacting with the Office, note the Director’s delegation power and ensure that delegated decisions and communications are recorded so that authority lines are clear.
In sum, compliance requires robust record‑keeping, rapid protocols for responding to authorised officers and requisitions, advertising review, corporate governance documentation, confidentiality handling, and legal readiness for warrants and prosecutions. Those practical steps respond directly to the statutory powers and duties set out in ss11-16, s19, s20, s21 and Schedule 1.
[Section 3 Subsection (1) amended by No. 61 of 1999, Sched. 1, Applied:24 Nov 1999]Director means the Director of Consumer Affairs and Fair Trading appointed under this Act;
documents includes books, papers, accounts, any written records, any computer discs or tapes or other means of storage on a computer, and any computer printouts;
[Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001]
functions includes duties;
goods includes anything that is the subject of trade, manufacture, or merchandise and anything growing on, or attached to, land that is severable from the land;
[Section 3 Subsection (1) amended by No. 61 of 1999, Sched. 1, Applied:24 Nov 1999]Office means the Office of Consumer Affairs and Fair Trading;
services means the conferring of rights or benefits that are provided by a person in the carrying on of an industrial, commercial, business, profit-making, or remunerative undertaking (including a professional practice), and includes the provision for reward of lodging or accommodation;
[Section 3 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001]
supply –
(a) in relation to goods, includes supply, and resupply, by way of gift, sale, exchange, lease, hire, or hire-purchase; and
(b) in relation to services, includes provision, granting, hiring, and conferring.
(2) A reference to any matter or matters affecting the interests of consumers shall be construed as including a reference to any matter or matters affecting the interests of a particular consumer or a particular class of consumers.
3A Application of this Act
3A Application of this Act
[Section 3A Inserted by No. 103 of 1995, s. 5 and Sched. 1 ][Section 3A Amended by No. 82 of 1997, Sched. 3, Applied:01 Jul 1998][Section 3A Amended by No. 28 of 2001, s. 20, Applied:01 Oct 2001][Section 3A Amended by No. 11 of 2004, s. 31, Applied:01 Mar 2005][Section 3A Amended by No. 50 of 2004, s. 46, Applied:01 Jul 2005][Section 3A Amended by No. 77 of 2009, Sched. 1, Applied:01 Jul 2010][Section 3A Amended by No. 23 of 2011, Sched. 1, Applied:31 Dec 2011] The functions and powers conferred by this Act may be performed or exercised in respect of any contravention of, or matter arising under, the Collections for Charities Act 2001 , the Motor Vehicle Traders Act 2011 , the Prepaid Funerals Act 2004 , the Residential Tenancy Act 1997 or the Retirement Villages Act 2004 .
Part II Tasmanian Consumer Advisory Committee
Part II Tasmanian Consumer Advisory Committee
[Part II Substituted by No. 32 of 2006, s. 5, Applied:18 Dec 2006]
4 Constitution of Committee
4 Constitution of Committee
[Section 4 Substituted by No. 32 of 2006, s. 5, Applied:18 Dec 2006] There is constituted by this Act an advisory committee to be known as the Tasmanian Consumer Advisory Committee.
5 Membership of Committee
5 Membership of Committee
[Section 5 Subsection (1) amended by No. 17 of 1996, Applied:24 Jan 2002][Section 5 Subsection (5) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001][Section 5 Substituted by No. 32 of 2006, s. 5, Applied:18 Dec 2006]
(1) The Committee consists of not less than 7, and not more than 15, members who the Minister considers represent the interests of consumers.
(2) The Minister is to advertise in such publications, and in such manner and form, as the Minister determines for persons to express interest in becoming members of the Committee.
(3) The Minister is to appoint the members of the Committee from the persons who expressed interest under subsection (2) and who the Minister considers have the expertise and qualifications to enable the Committee to perform its functions.
(4) The members of the Committee are to elect one member of the Committee to be chairperson of the Committee.
(5) Schedule 1 has effect with respect to the membership and meetings of the Committee.
6 Functions and powers of Committee
6 Functions and powers of Committee
[Section 6 Subsection (1) amended by No. 17 of 1996, Applied:24 Jan 2002][Section 6 Subsection (2) amended by No. 17 of 1996, Applied:24 Jan 2002][Section 6 Substituted by No. 32 of 2006, s. 5, Applied:18 Dec 2006]
(1) The functions of the Committee are –
(a) to advise, and make recommendations to, the Minister on matters affecting the interests of consumers in Tasmania; and
(b) to consult with consumer organisations and other relevant organisations on emerging issues of concern to consumers; and
(c) to advance the interests of consumers and promote consumer awareness of consumer protection issues; and
(d) to assist the Minister with regard to activities relating to consumer affairs and fair trading; and
(e) such other functions as may be prescribed.
(2) The Committee may make recommendations to the Minister with respect to any matter arising in connection with the performance and exercise of its functions and powers under this Act.
7 Committee to submit reports
7 Committee to submit reports
[Section 7 Substituted by No. 32 of 2006, s. 5, Applied:18 Dec 2006]
(1) The Committee, not later than 30 September in each financial year, is to submit to the Minister a report on its proceedings during that financial year.
(2) The Committee may submit a report to the Minister on any matter arising in the performance of its functions and the exercise of its powers under this Act.
(3) The Minister must lay a copy of the Committee's report under subsection (1) before each House of Parliament before 31 October in each year.
(4) The Minister may lay a copy of a report, if any, of the Committee under subsection (2) before each House of Parliament.
8.
[Section 8 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 8 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 8 Repealed by No. 32 of 2006, s. 5, Applied:18 Dec 2006]
Part III Office of Consumer Affairs and Fair Trading
Part III Office of Consumer Affairs and Fair Trading
9 Director of Consumer Affairs and Fair Trading
9 Director of Consumer Affairs and Fair Trading
(1) [Section 9 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001][Section 9 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001][Section 9 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001][Section 9 Subsection (1) amended by No. 61 of 1999, Sched. 1, Applied:24 Nov 1999] *[Section 9 Subsection (1) substituted by No. 5 of 1990, s. 3 and Sched. 1 ]*The Minister administering the State Service Act 2000 may appoint a State Service officer or State Service employee to be Director of Consumer Affairs and Fair Trading and that officer or employee is to hold that office in conjunction with State Service employment.
(2) [Section 9 Subsection (2) amended by No. 61 of 1999, Sched. 1, Applied:24 Nov 1999] The Director has the administration and control of the Office of Consumer Affairs and Fair Trading.
(3) The Director shall comply with any directions given to the Director by the Minister.
10 Office of Consumer Affairs and Fair Trading
10 Office of Consumer Affairs and Fair Trading
(1) [Section 10 Subsection (1) amended by No. 61 of 1999, Sched. 1, Applied:24 Nov 1999] There shall be an Office to be known as the Office of Consumer Affairs and Fair Trading.
(2) [Section 10 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The staff of the Office shall consist of authorized officers appointed under this Part and State Service officers and State Service employees who have been assigned or allocated to that Office.
11 Functions of Office of Consumer Affairs and Fair Trading
11 Functions of Office of Consumer Affairs and Fair Trading
(1) The functions of the Office are –
(a) [Section 11 Subsection (1) amended by No. 17 of 1996, Applied:24 Jan 2002] to receive complaints from consumers in relation to matters which affect their interests as consumers, to consider and, if the Director deems it warranted, to investigate those complaints, and to take such action in respect of those complaints as seems proper to the Director; and
(b) [Section 11 Subsection (1) amended by No. 17 of 1996, Applied:24 Jan 2002] to receive complaints of fraudulent or deceptive practices in relation to matters which affect, or are likely to affect, the interests of consumers and to take such action in respect of those complaints as seems proper to the Director; and
(c) [Section 11 Subsection (1) amended by No. 17 of 1996, Applied:24 Jan 2002] to advise and assist consumers who seek from the Office information or guidance on matters affecting their interests as consumers; and
(d) to consult with and undertake the dissemination of information in relation to matters which affect, or are likely to affect, the interests of consumers to manufacturers, wholesalers, retailers, advertisers, and any other suppliers of goods or services; and
(e) to collect, collate, and disseminate information in respect of matters affecting the interests of consumers.
(2) [Section 11 Subsection (2) amended by No. 32 of 2006, s. 6, Applied:18 Dec 2006] The Office shall assist the Committee in the carrying out of its functions and the exercise of its powers.
(3) Subsection (1) shall not be construed to require the Director or any staff of the Office to give, or hold himself out as ready or competent to give, to any consumer advice in relation to the rights and liabilities in law of the consumer concerning any matter, or aid in the enforcement of such rights.
12 Special powers and duties of Director
12 Special powers and duties of Director
(1) [Section 12 Subsection (1) amended by No. 32 of 2006, s. 7, Applied:18 Dec 2006] The Director is entitled to attend at, and participate in, the meetings of the Committee.
(2) [Section 12 Subsection (2) amended by No. 32 of 2006, s. 7, Applied:18 Dec 2006]Subsection (1) shall not be construed as giving the Director a right to vote on any matter at a meeting of the Committee.
(3) [Section 12 Subsection (3) amended by No. 32 of 2006, s. 7, Applied:18 Dec 2006] The Director shall refer to the Committee for its consideration any matter that has come to his attention which is more appropriately the concern of the Committee.
(4) [Section 12 Subsection (4) amended by No. 32 of 2006, s. 7, Applied:18 Dec 2006] The Director shall give assistance to the Committee in the carrying out of its functions and the exercise of its powers.
(5) [Section 12 Subsection (5) amended by No. 32 of 2006, s. 7, Applied:18 Dec 2006] The Director shall, at the request of the Committee, arrange for the collection and collation of, and the furnishing to the Committee of, information relating to a matter affecting the interests of consumer
This is an opening excerpt, not the complete document.