Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2017
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
Competition and Consumer Amendment (Paper Bills and Statements) Bill 2017
EXPLANATORY MEMORANDUM
and
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Circulated by authority of
Andrew Wilkie MP
Competition and Consumer Amendment (Paper Bills and Statements) Bill 2017
OUTLINE
This bill seeks to amend consumer law to ensure that when a supplier provides a customer with an
itemised bill or proof of transaction, that document is given in paper form unless the customer
consents to receive it electronically. It also seeks to ensure that customers are not charged a fee
for receiving the bill in paper. The bill responds to community concern, especially among older
Australians and those without reliable internet access, about companies providing electronic bills
and statements without the consent of the customer. It also responds to concern about the
increasingly prevalent practice of companies charging a fee for paper bills and statements.
FINANCIAL IMPACT
The bill will have no financial impact.
NOTES ON CLAUSES
Clause 1: Short Title
1. This clause is a formal provision and specifies the short title of the bill as the Competition
and Consumer Amendment (Paper Bills and Statements) Bill 2017.
Clause 2: Commencement
2. This clause provides for the commencement of the Act on the day after it receives Royal
Assent.
Clause 3: Schedules
3. This clause establishes that, as the intent of the bill is to be realised through amendments
to another Act, the Schedules of this bill will amend that Act accordingly.
Schedule 1
Competition and Consumer Act 2010
Item 1: Subsection 100(1) of Schedule 2
1. Item 1 amends the existing requirements in Schedule 2 of the Act for a customer to be
given a proof of transaction when the total price of the goods or services is $75 or more. It
specifies that the proof of transaction must be given in the required form. A definition of
what is the required form is inserted by item 5.
Item 2: After subsection 100(1) of Schedule 2
2. Item 2 specifies that a supplier must not charge the consumer for the proof of transaction
provided under subsection 100(1), and allows a pecuniary penalty to be imposed if this is
contravened.
Item 3: Subsection 100(3) of Schedule 3
3. Item 3 amends the existing requirements in Schedule 2 of the Act for a customer to be
given a proof of transaction on request when the total price of the goods or services is less
than $75. It specifies that the proof of transaction must be given in the required form. A
definition of what is the required form is inserted by item 5.
Item 4: After subsection 100(3) of Schedule 2
4. Item 4 specifies that a supplier must not charge the consumer for the proof of transaction
provided under subsection 100(3), and allows a pecuniary penalty to be imposed if this is
contravened.
Item 5: After subsection 100(4) of Schedule 2
5. Item 5 specifies that a proof of transaction is given in the required form when it is provided
in paper, or electronically if the customer consents to receiving it electronically. It also
specifies that this subsection has effect despite any provision of the Electronic Transactions
Act 1999.
Item 6: Subsection 101(3) of Schedule 2
6. Item 6 amends the existing requirements in Schedule 2 of the Act for a customer to be
given an itemised bill. It specifies that the itemised bill must be given in the required form.
A definition of what is the required form is inserted by item 7.
Item 7: After subsection 101(4) of Schedule 2
7. Item 7 specifies that an itemised bill is given in the required form when it is provided in
paper, or electronically if the customer consents to receiving it electronically. It also
specifies that this subsection has effect despite any provision of the Electronic Transactions
Act 1999.
Item 8: After section 101 of Schedule 2
8. Item 8 specifies that if any other bill is given to a customer by a supplier, it must be given in
paper, or electronically if the customer consents to receiving it electronically. It specifies
that this subsection has effect despite any provision of the Electronic Transactions Act
1999. Item 8 also ensures that the supplier does not charge the consumer for the bill and
that the bill is transparent (which the Act defines as expressed in plain language, legible
and presented clearly).
Item 9: Subparagraph 224(1)(a)(vi) of Schedule 2
9. Item 9 updates references in section 224 of Schedule 2 of the Act, which specifies when a
court can impose pecuniary penalties for contravention of the Act.
Item 10: Subsection 224(3) (cell at item 7, column 2 of the table)
10. Item 10 updates references in subsection 224(3) of Schedule 2 of the Act, which specifies
the maximum pecuniary penalties that are applicable for contraventions of the Act.
Item 11: Application
11. Item 11 ensures that the amendments made by this schedule only apply to goods and
services supplied on or after its commencement.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Competition and Consumer Amendment (Paper Bills and Statements) Bill 2017
This bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act
2011.
Overview of the bill
This bill seeks to amend consumer law to ensure that when a suppler provides a customer with an
itemised bill or proof of transaction, that document is given in paper form unless the customer
consents to receive it electronically. It also seeks to ensure that customers are not charged a fee
for receiving the bill in paper.
Human rights implications
This bill does not engage any of the applicable rights or freedoms.
Conclusion
This bill is compatible with human rights because it does not raise any human rights issues.
Andrew Wilkie MP