Trade Practices Amendment (Australian Consumer Law) Bill 2009 — In Committee — Additional fees for payment in person or in cash

The majority voted against an amendment introduced by Independent Senator Nick Xenophon, which means that it was rejected.

Senator Xenophon explained that "[u]nder this amendment it will be considered an unfair contract term if businesses charge customers additional fees for paying bills in person or with cash - with legal tender".(Read Senator Xenophon's whole explanation of the amendment and the associated debate here, after 6:27 pm. )

Background to the bill

The bill was introduced in response to an inquiry by the Productivity Commission into the consumer policy framework and a subsequent government consultation.(Read about that inquiry and the subsequent government consultation in the bills digest. ) It is the first of two bills to implement a national consumer law regime, to be called the Australian Consumer Law. This first bill will set the ground work for the regime and will only introduce the provisions about unfair contract terms, which are terms "that disadvantage one party but that are not reasonably necessary to protect the legitimate interests of the other".(More information about this bill and its soon-to-be-introduced counterpart can be found in the bills digest.)

The second bill, which has not yet been introduced, will implement the bulk of the Australian Consumer Law reforms.