News - Australian Security Industry Association Ltd (ASIAL)

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KNOW CONSUMERS’ RIGHTS – REPAIR, REPLACE, REFUND

As a business owner, did you know you must, by law, guarantee the products or services you sell?

And that your customers have the right to ask for a repair, replacement or refund if the products you sell are faulty, unsafe or don’t work as intended?

These rights are called consumer guarantees and they have been law since 1 January 2011.

A new education campaign targeting consumers – Repair, Replace, Refund – highlights their rights under the consumer guarantees.
In broad terms, consumer guarantees state that all goods sold in Australia must be of acceptable quality, be fit for any purpose that the consumer made known and match the description given.
Services must be delivered with due care and skill, and completed within a reasonable time if no set timeframe is agreed.
If the goods or services don’t meet the consumer guarantees, the most appropriate remedy will depend on how serious the problem is.
If it is a major problem, your customers are entitled to choose a refund or a replacement product (or receive compensation in the case of services).

If the problem is minor you can choose whether you will repair, replace or refund the product or fix the problem with the service.
You can’t limit or refuse a consumer guarantee, nor can you tell your customers they have to pay for the rights under consumer guarantees or do anything that leads them to believe their rights do not apply.
However, consumers’ rights are not limitless. You are not required to provide a remedy if you have complied with all the guarantees. For example if a customer simply changes their mind and no longer wants the product or service, they are not entitled to a refund.
The ACCC has produced an online education module for businesses to help them understand consumer guarantees and train their staff. Visit www.accc.gov.au/consumerguarantees to view the module.

For further information on the campaign visit www.australia.gov.au/consumerrights (website live on 5 February 2012)

AUSTRAC Census Day

AUSTRAC has released a draft determination which identifies the census day for the 2011-2012 financial year as 10 February 2012. This is the day AUSTRAC will confirm data to apply the levy to a reporting entity as determined under the Australian Transaction Reports and Analysis Centre Supervisory Cost Recovery Levy Act 2011.

The determination has a public consultation period for comment until 17 January 2012. The census day for subsequent financial years will be 1 July or as determined by legislative instrument.Read more.

ASIAL Govlink articles

Safety in the city (Issue 1, 2011)

What makes your security provider special? (Issue 2, 2011)

New, simpler Australian business name registration

In mid-2012 ASIC will manage and administer a new national business name registration service. This forms part of a new whole-of-government program that will introduce initiatives to reduce red tape, save time and cut costs for business.

The new national business name registration service will mean that businesses no longer have to register their business name in every State and Territory they want to trade in. The new service will replace the current State and Territory systems.

Visit ASIC website for more information

AUSTRAC Reporting and Compliance Relief

ASIAL's representation to AUSTRAC has achieved some relief from reporting and compliance requirements. Recent amendments to the AML/CTF Act Rules provides a process where CIT operators will not be required to provide transaction reports when undertaking reportable services to and from Banks and to and from Government entities. Special conditions apply and it is recommended that CIT providers refer to the AUSTRAC website.

Changes have also been made following submission by ASIAL to the 'reportable details' requirements introduced in October 2011. Where a CIT provider has an agreement with the client, personal details will not have to be collected or provided at the time of collection of money from the client or delivery at a Bank. Special conditions apply with regards to the relationship with the client and the duration of the relationship.

ASIAL has provided a brief summary document on the changes and recommends all CIT providers refer to the AUSTRAC website.

View Amendments

Public Holidays over Christmas and New Year 2011/12

Members are reminded that Public Holidays over the Christmas New Year period 2011/12 will include substitute and/or additional days and will affect payments to employees.

The following links for each state identify the public holidays.
Members seeking further information or clarification should call or email ASIAL's Industrial Relations Advisor, Chris Delaney on
02 8425 4318 or ir@asial.com.au

New AUSTRAC reporting obligation commences on 1 October

From 1 October 2011, in addition to reporting the details of the customer of the threshold transaction, reporting entities will also be required to report the details of the individual conducting the transaction (i.e. the agent of the customer or the third party depositor).

AUSTRAC is replacing the current (DEC2008) electronic and paper threshold transaction report (TTR) forms with new (OCT2011) versions. These new forms contain additional questions in relation to the individual(s) conducting the transaction.

All threshold transactions conducted on or after 1 October must be reported on October 2011 TTR forms.

If your business reports threshold transactions, you will need to have in place by 1 October 2011 procedures and systems to collect details of individuals conducting threshold transactions. You will also need to ensure that you are ready to begin reporting on the new TTR forms by this date.

For more details of the TTR form changeover arrangements visit the AUSTRAC website.

The additional individual details required within TTRs under the 1 October amendments have been eased slightly when they are the customer of a designated service. This should provide CIT providers, providing designated services to their customers, some relief from obtaining additional details from the individual conducting the transaction. This should also provide relief from CIT guards providing personal details when undertaking designated services to reporting entities.

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