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TPA and FTA - the difference (1 Viewer)

Jonathan A

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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).
 

monique66

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Yeah. The textbook also has something along the line of the FTA was designed in order to overcome the constitutional limitations of the TPA (as it covers business that run within the state and do not operate throughout Australia). It also deals with methods of communication that are not under Commonwealth control such as telecommunications, media and the mail.

What i really hate though is those stupid letters you get from overseas saying you have won this and that. I suppose that is an example of the limiting nature of domestic law in our globalised world. {Yes i realise this had nothing to do with anything, but meh..}
 

Jonathan A

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Exactly, the nature of the two Acts are differing.

And you are spot on the money about the overseas junk mail. However I suppose you could complaint to the authorities of the overseas company.
 

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