The Protection of Online Shopping Consumer Rights in Australia

Muhammad Syuib

Abstract


As one of the advanced countries in the world, Australia is putting technology as main instrument in dealing with daily activity, included in shopping. Therefore, nowadasys, many Australian rely on online shopping. It seems everything becomes easier when it is dealt online. People do not need to go outside their home and spend their money. What they can merely need is just sit at home and wait for the order. Thus, online shopping can be argued is more effective and efficient in this era. However, beyond this positive aspect, there are also some negative aspects. Among them is the quality of the product. Buyers (consumers) would never see goods or services directly. They only view the products or services through pictures or videos which are available on the website. The problem is, these images and videos might not be as good as reality. The vendors post the high quality pictures and videos on the site merely to attract consumers. Another issue is, difficult to communicate with the seller after buying the product. During the negotiation, it is easy to contact seller, but after the products are sold, majority vendors would “disappear”. Security payment is among on the risk list as well. Therefore, it is interesting to be researched, how the Australian law then protects its society from such risk. The Government claims that the Australian Competition and Consumer (ACC) Act 2010 has become law umbrella in protecting Australian in dealing with online shopping.

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References


A. Articles / Books / Reports

Bruce, Alex, Consumer protection law in Australia, (LexisNexis, 2nd edition, 2014)

D Miyazaki Anthony and Ana Fernandez, ‘Consumer Perceptions of Privacy and Security Risks for Online Shopping’ (2001), Journal of Consumer Affairs 27, 35 .

Griffiths, John, ‘Application of the Australian Consumer Law to Government Commercial Activities’ (2015) 29 (3) Commercial Law Quarterly, 3-15 .

G. Smith, Russel and Alice Hutchings, ‘Identity Crime and Misuse in Australia: Results of the 2013 Online Survey’ (Research and Public Policy Series 128, Australian Institute of Criminology, 2014)

G. Smith, Russell, Deceptive and Misleading On-Line Advertising and Business Practices (2000) Australian Institute of Criminology

Justin, Malbon, ‘Online Cross-Border Consumer Transactions: A Proposal for Developing Fair Standard Form Contract Terms’ (2013) 37(1) UWALawRw 20,

McDonald, Brien, ‘NAB Online Retail Sales Index: February 2016’ (Monthly Update Report, National Australia Bank, 30 March 2016) .

Morgan, Roy, ‘Online Shopping on the Rise for More Retail Categories’ (Press Release, 6095, 19 March 2015)

Sands, Rosanne, ‘Google v ACCC: The High Court Considers Misleading and Deceptive Conduct’ (2013) 15 University of Notre Dame Australia Law Review 152-165, 163

B. Cases

ACCC v Valve Corporation (No 3) [2016] FCA 196

Australian Competition and Consumer Commission (Accc) V Scoopon Pty Ltd

Butcher v Lachlan Elder Realty Pty Limited (2004) 218 CLR 592, 109

Campbell v Backoffice Investment Pty Ltd (2009) 238 CLR 304

Google v ACCC (2013) HCA

C. Legislations

Australia Competition and Consumer Act 2010 (Cth)

D. Websites

ABC News

Australia Competition and Consumer Commission

Australian Contract Law

Australian Institute of Criminology

Australian Securities and Investment Commission




DOI: http://dx.doi.org/10.22373/justisia.v5i1.7268

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