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Trade Practices Act - amendments relating to manufacturers' warranties



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77/57 BACA .

PRESS STATEMENT BY THE HONOURABLE JOHN HOWARD, M.P.. MINISTER FOR BUSINESS AND CONSUMER AFFAIRS

Trade Practices Act - Amendments Relating to Manufacturers' Warranties

The Minister for Business and Consumer Affairs,"

Mr John Howard, said today that an exposure draft of a

possible bill to amend the Trade Practices Act to make

manufacturers and importers statutorily responsible for

certain implied conditions and warranties in relation to

their products, had been circulated to interested bodies ■

including industry and consumer organisations, for their

consideration and comment.

This proposal follows upon the recommendations

of the "Swanson" Committee in this regard which the Government

had accepted in principle.

. Mr Howard said that it should be made clear that

there is no intention to incorporate the provisions of the

draft bill, currently being circulated, into the Trade .

Practices Amendment Bill now before the Parliament.

Mr Howard said that the effect of the legislation

would be to make manufacturers and importers concurrently

liable with the actual seller of the goods in reL ation to

certain implied conditions and warranties. The amendments

would make it possible for consumers to obtain damages

against the manufacturer or importer of goods for breaches

of the statutorily implied conditions and warranties contained

in the Trade Practices Act in any court of competent jurisdiction.

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Furthermore, the actual seller would be able to recover

damages from a manufacturer where a seller incurs liability

but where a consumer could have recovered similar damages

from the manufacturer.

Further copies of the draft Bill will be made

available to any other interested bodies and could be

obtained from Mr Win McNamara, Department of Business and

Consumer Affairs, Canberra (telephone 062 - 724513).

CANBERRA

2nd June, 1977.