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Unit Summary

Unit type

UG Coursework Unit

Credit points

12

AQF level

7

Level of learning

Intermediate

Former School/College

Former School of Law and Justice

Unit aim

Introduce students to the laws relating to competition, marketing and consumer protection with particular reference to Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law.

Unit content

Part 1: Consumer Protection Law
Topic 1 Introduction to Competition and Consumer Law
Topic 2 Introduction to the consumer provisions and Misleading and deceptive conduct
Topic 3 Unconscionable conduct and Unfair contracts
Topic 4 False and misleading representations, and unfair practices
Topic 5 Liability of retailers and manufacturers
Topic 6 Consumer guarantees and introduction to remedies

Part 2: Competition Law
Topic 7 Anti-competitive contracts, arrangements and understandings, cartels, and price fixing and signalling
Topic 8 Misuse of market power and exclusive dealing
Topic 9 Resale price maintenance
Topic 10 Enforcement, penalties, remedies and defences

Learning outcomes

Unit Learning Outcomes express learning achievement in terms of what a student should know, understand and be able to do on completion of a unit. These outcomes are aligned with the graduate attributes. The unit learning outcomes and graduate attributes are also the basis of evaluating prior learning.

GA1: Intellectual rigour, GA2: Creativity, GA3: Ethical practice, GA4: Knowledge of a discipline, GA5: Lifelong learning, GA6: Communication and social skills, GA7: Cultural competence
On completion of this unit, students should be able to: GA1 GA2 GA3 GA4 GA5 GA6 GA7
1 identify and interpret the main provisions of the Competition and Consumer Act 2010 (Cth) which relate to restrictive trade practices (Part IV of the Act); Intellectual rigour Knowledge of a discipline
2 identify and interpret the main provisions of the Competition and Consumer Act 2010 (Cth) which relate to consumer protection law. Intellectual rigour Knowledge of a discipline
3 recognise those circumstances which give rise to the application of different sections of the Act. Intellectual rigour Knowledge of a discipline
4 apply the relevant provisions of the Act to determine whether a breach has occurred in given factual situations. Intellectual rigour Knowledge of a discipline
5 recognise provisions of the Act concerning authorisations and mergers. Intellectual rigour Knowledge of a discipline
6 explain the penalties and remedies that are available for breaches of the Act. Intellectual rigour Knowledge of a discipline

On completion of this unit, students should be able to:

  1. identify and interpret the main provisions of the Competition and Consumer Act 2010 (Cth) which relate to restrictive trade practices (Part IV of the Act);
    • GA1: Intellectual rigour
    • GA4: Knowledge of a discipline
  2. identify and interpret the main provisions of the Competition and Consumer Act 2010 (Cth) which relate to consumer protection law.
    • GA1: Intellectual rigour
    • GA4: Knowledge of a discipline
  3. recognise those circumstances which give rise to the application of different sections of the Act.
    • GA1: Intellectual rigour
    • GA4: Knowledge of a discipline
  4. apply the relevant provisions of the Act to determine whether a breach has occurred in given factual situations.
    • GA1: Intellectual rigour
    • GA4: Knowledge of a discipline
  5. recognise provisions of the Act concerning authorisations and mergers.
    • GA1: Intellectual rigour
    • GA4: Knowledge of a discipline
  6. explain the penalties and remedies that are available for breaches of the Act.
    • GA1: Intellectual rigour
    • GA4: Knowledge of a discipline

Prescribed texts

  • Bruce, A, 2011, Consumer Protection Law in Australia, LexisNexis.
  • Miller, RV, 2012, Miller's Australian Competition Law and Policy, 2nd edn, Thomson Lawbook Co.
Prescribed texts may change in future study periods.