NSW Fair Trading administers the NSW Fair Trading Act 1987. Fair Trading`s Acceptable Business Conduct provides traders with information on how to trade fairly in New South Wales. As mentioned earlier, recent reforms have also added a requirement that sellers selling online disclose their identity as merchants to consumers. Section 28B provides that under consumer law, you must appeal if your goods or services are:  The warranty provisions of the LCA apply when a person in commerce or industry provides goods [or services] to a consumer, and subsection 2(1) of the CMA defines a “supplier” as a person who provides goods or services “in the course of a trade.” The misleading behaviour provisions of the ACL and the Free Trade Agreement refer to prohibiting a person from behaving in a misleading manner “in commerce”. The Court found that Mr. England engaged in misleading trade and was therefore held liable under the FTA.  Such liability would not have existed if Mr. England had not been a professional estate agent or if the Court had accepted his argument that he had sold the house as a private seller.  In each of these two scenarios, Mr. England would have engaged in the same misleading behaviour when selling the house.
However, Mr Hamid would have had no rights under the free trade agreement. A more principles-based approach could require that all sellers not mislead buyers and would relieve all buyers in the same legal system. Responsibility for Mr. England and the consequences it has had for Mr Hamid are probably the same, regardless of how one characterises the way the house is sold. Those arguing on the other side of this issue might point out that it is more reasonable for a buyer to rely on the statements of a professional real estate agent than the statements of a private seller, and that in any case, the buyer would have rights under general contract law in a private sale. in particular the Contractual Remedies Act 1979 (NZ).  It should also be noted that while Mr. England knowingly misled the buyer, the FTA does not require any intent to mislead. There is a stronger argument that the imposition of liability on private sellers is too onerous in cases where there are no mens rea.  When you sell a product or service, you must comply with fair trade regulations. When you purchase a product or service, you have the rights and warranties of consumers.
Fair trade laws ensure that trade is fair to your business and your customers. My question: Your auction says it`s a new iPhone 4, but you`ve had to use the iPhone 4 for some time? Is it your iPhone that you are selling? I see you`ve had 15,000 trades in 2 years, so I guess you`re a trader? It`s true? Thank you Kate In New Zealand, the recent amendment of the § 28B FTA in 2013 reinforces the judicial presumption that “trade” is limited to activities of a commercial nature. As already mentioned, Article 28B provides that, where goods are offered for sale on the Internet, `[i]n which the seller of the goods or services carries out a commercial activity, the person making the offer must clearly indicate to potential buyers that the seller is a person engaged in the trade`. The requirement only applies to sellers who are “for sale” and therefore indicates that not all persons who sell goods or services online are considered “in the marketplace”. Presumably, the element of “trade” in this context is intended to refer to commercial sales as opposed to private sales. The real reason for the obligation to identify the status of entrepreneur is to make consumers aware of the type of seller with whom they buy so that they can determine the appropriate level of legal protection for consumers.  Australian consumers generally benefit from the full protection of consumer protection laws only when dealing with persons engaged in “commerce or industry”.  The scope of New Zealand`s consumer protection laws is also limited to persons engaged in a commercial activity.
 The meanings of the terms “in commerce” and “in commerce” are therefore essential to the application of consumer law.  The proposals are intended to clarify the meaning of “in commerce” under the FTA and the AGM and the importance of “in trade” in the ACA. Consumers in Australia and New Zealand are well protected by consumer protection legislation. However, the scope of this protection is limited to conduct that occurs “in commerce”. Although legal definitions of the term “in commerce” are broad, courts have always interpreted the term to exclude private transactions. This article argued that it is becoming increasingly difficult to apply this exclusion in the modern market, where there is no clear line between private and commercial sale. In addition, there are political arguments in favour of abandoning exclusion. One of the strongest arguments is that exclusion leaves consumers equally vulnerable in different legal situations.
ACL ensures that companies adopt fair sales practices. This allows consumers to trust the companies they deal with.