There is a move by the current government to merge and harmonise consumer laws. While merging some of these laws is a sensible option there are also risks associated with that. Puttting for example the Door to Door Sales Act inside the Fair Trading Act as a section of that law is sensible and fixing the bits of inconsistency related to that law due to the length of time since the last changes should occur. If however that change includes a move to widely expand the coverage or add in the damaging changes applied by Australia, then that change would not be acceptable.

The current proposals before Parliament are generally pragmatic and align with the principles set out in the DSA Code of Practice and so in broad principles the DSA is supportive. We have a number of concerns over some elements where these will specifically increase the powers of the Commerce Commission however we do note that these changes are similar to the powers available in the Australian law

We will monitor the progress of this legislation through Parliament and make comment on the areas of concern however we believe that for our members adhering to our Code of Practice these changes should not have an impact on company operations.

This includes dietary supplements, cosmetics with theraputic claim and medical devices. All remain covered by the Medicines Act and it regulations however there is a further review which is looking at a new peice of legislation for these products which would see compulsory registration.

Compliance to the current law poses serious problems for some members as labelling of dietary supplements does not allow any therapeutic claim on the product or associated marketing materials. A similar situation occurs for cosmetics however cosmetic claims are permitted. If in doubt check with the DSA on whether you claim or product will comply with the current position.