Jonathan A
Active Member
You may have come accross two pieces of legislation dealing with consumers: The Fair Trading Act 1987 (NSW) and the Trade Practices Act 1974 (Cth). Just thought I would make a point on the difference. Both pieces of legislation contain a clause on diceptive and misleading trade practices (Section 42 in the FTA and Section 52 in the TPA).
The reason for this is to do with the constitution. Section 51 of the constitution does not list any power of the Commonwealth in relation to deceptive and misleading trade practices, hence they cannot directly make laws for this. What the commonwealth government relied on instead was its corporation powers, which is why the TPA only applies to corporations. The FTA covered the field in applying its provisions to the rest of businesses as it has residual (or plenary) power under section 5 of the Constitution Act 1902 (NSW).
The reason for this is to do with the constitution. Section 51 of the constitution does not list any power of the Commonwealth in relation to deceptive and misleading trade practices, hence they cannot directly make laws for this. What the commonwealth government relied on instead was its corporation powers, which is why the TPA only applies to corporations. The FTA covered the field in applying its provisions to the rest of businesses as it has residual (or plenary) power under section 5 of the Constitution Act 1902 (NSW).