What is the date the ACL unfair terms changes commence in Nov 2023?
Updated: Oct 23, 2023
Latest update 11/10/2023 | Last update 11/10/2023 | First published 11/10/2023
The guidance quoted in this update was provided to TradeBox Australia by Aitchison Reid Building and Construction Lawyers, and written by Aitchison Reid's director, Fionna.
Online, the date for commencement of the November 2023 changes to Australian Consumer Law (ACL) differs depending on the source you find in your Google search - some say 9 November and others say 10 November. Looking at the legislation, it's possible to see why some interpret it as 10 November.
However, the regulator (ACCC) states the date is 9 November 2023.
To get further clarification on this, TradeBox's director asked Fionna at Aitchison Reid to give guidance on it to TradeBox, set out below:
"
The date that the law comes into force is 9 November 2023.
I think the reason for the confusion could be the way that the column 2 for the commencement of Schedule 2 is written (section 2, Treasury Laws Amendment (More Competition, Better Prices) Act 2022.
It states:
“The day after the end of the period of 12 months beginning on the day this Act receives the Royal Assent.” (the details)
Normally when we count days, or a 12 month period we start with day 1 being the day after the event. For example, if the event happened on 9 November 2022 (which is the date of the Royal Assent) we would normally count day 1 as 10 November 2022.
However, that’s not what the details say. The details say that the day 1 is the day that the Royal Assent was received. That means day 1 is 9 November 2022. This means that 12 months later (8 November 2023) plus one day will be 9 November 2023, which is the [date stated] in column 3.
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End notes
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Please note
The guidance quoted in this update was written by Fionna C A Reid, director of law practice Aitchison Reid Building and Construction Lawyers (Aitchison Reid) for TradeBox Australia (TradeBox), so that TradeBox can share the update as guidance with tradies and subbies. Use of this update is subject to TradeBox’s terms and conditions of use stated here: https://www.tradebox.com.au/terms-and-conditions-our-ar-content
Aitchison Reid, like TradeBox, is based in Queensland.
TradeBox is not a law practice. This update is not legal advice and is for guidance purposes only. Seek advice on matters of interest arising from the commentary, information and guidance in this update.
Aitchison Reid’s content for this update was released to TradeBox in October 2023. Individual liability limited by a scheme approved under professional standards legislation.
