Treasury Laws Amendment (2020 Measures No. 6) Act 2020 (141 of 2020)

Schedule 4   Minor and technical amendments

Part 1   Amendments commencing day after Royal Assent

Division 1   Amendments

Competition and Consumer Act 2010

38   At the end of section 268 of Schedule 2

Add:

(2) A failure to comply with a guarantee referred to in section 267(1)(b) that applies to a supply of services is also a major failure if:

(a) the failure is one of 2 or more failures to comply with a guarantee referred to in section 267(1)(b) that apply to the supply; and

(b) the services would not have been acquired by a reasonable consumer fully acquainted with the nature and extent of those failures, taken as a whole.

Note: The multiple failures do not need to relate to the same guarantee.

(3) Subsection (2) applies regardless of whether the consumer has taken action under section 267 in relation to any of the failures.