Business owner rights
As a business, you have certain protections under the Australian Consumer Law and more broadly, the Competition and Consumer Act 2010.
When you buy goods or services for your business which are:
- under $40,000
- over $40,000 and normally bought for personal, domestic or household use or consumption
- vehicles and trailers used mainly to transport goods on public roads
your business will be considered a consumer and entitled to certain remedies under the consumer guarantees if something goes wrong.
However, these consumer rights do not apply if goods are purchased to be resold or to be transformed into a product that is sold.
A business that purchases a printer which costs less than $40,000 for use in their business will be able to rely on the consumer guarantees if there is a problem with it. If the business purchased the same printer to resell to consumers, it cannot rely on the consumer guarantees if there is a problem with it.
Under certain circumstances, if a wholesaler or supplier refuses to supply your business with goods or services they are breaking the law.
Your business competitors are not allowed to engage in certain business practices that may limit or prevent you from competing in their market. This is known as anti-competitive behaviour, and includes cartel conduct such as price fixing or bid rigging, as well as collective bargaining, predatory pricing, misuse of market power, imposing minimum prices on retailers and unconscionable conduct.
When you buy goods or services for your business from suppliers, the representations your suppliers make to you about these goods or services must be accurate and honest.
If a good or service purchased by your business does not do what it is supposed to do, you may exercise your consumer rights under the consumer guarantees if these apply.
You may also make a complaint to the ACCC or your local consumer protection agency if you think the supplier may be misleading customers.
If you are considering buying a franchise, or your business is operating as a franchisee, you have protections under the Franchising Code of Conduct.
Businesses that grow horticulture for onselling to wholesalers of fresh fruit, vegetables and herbs, are protected by the Horticulture Code.
Businesses that sell petrol to consumers have certain rights under the Oilcode.