Question 1

Engaging in 'conduct' within the meaning of s 18 of the Australian Corporations Law:

Accepted Answer

A) Means doing an act. 
B) Can sometimes mean simply remaining silent. 
C) Does not include making a promise. 
D) Refers only to conduct that is intentional. 
A) Means doing an act. 
B) Can sometimes mean simply remaining silent. 
C) Does not include making a promise. 
D) Refers only to conduct that is intentional.

Question 2

The Queensland Premier tells Queenslanders on television after the Queensland Cultural Centre (QCC) is destroyed during a performance of Benjamin Keller's Opera (in which in the phantom reveals himself to be a suicide bomber) that the Cultural Centre can be rebuilt in three months.This comment is untrue.Experts, politicians and lay-people everywhere agree that the Centre cannot conceivably be rebuilt for at least 5 years.Businesses near the QCC suffer economic loss as a result of the Premier's misrepresentation.Has s 18 of the Australian Consumer Law been contravened?

Accepted Answer

A) Yes, because the Premier told a lie. 
B) Yes, because the Premier has not engaged in 'conduct'. 
C) No, because the Premier's words were not 'misleading and deceptive'. 
D) No, because the Premier's speech was not 'in trade or commence'. 
A) Yes, because the Premier told a lie. 
B) Yes, because the Premier has not engaged in 'conduct'. 
C) No, because the Premier's words were not 'misleading and deceptive'. 
D) No, because the Premier's speech was not 'in trade or commence'.

Question 3

Bill runs a restaurant called 'Meat Lovers'.The following events occur on 27 May 2009.At which point has Bill acted 'unconscionably'?

Accepted Answer

A) At 6am, he gets into a heated argument with a beef supplier over the price the supplier is charging. 
B) At 11am, he tells one of his waitresses that he has to fire her because she is incompetent. 
C) At 3pm, when a visually impaired customer asks Bill for the cheapest item on the menu, he recommends the most expensive dish available. 
D) At 7pm, he throws a pan of poorly cooked spaghetti at the restaurant's chef, narrowly missing him. 
A) At 6am, he gets into a heated argument with a beef supplier over the price the supplier is charging. 
B) At 11am, he tells one of his waitresses that he has to fire her because she is incompetent. 
C) At 3pm, when a visually impaired customer asks Bill for the cheapest item on the menu, he recommends the most expensive dish available. 
D) At 7pm, he throws a pan of poorly cooked spaghetti at the restaurant's chef, narrowly missing him.

Question 4

A business that fails to comply with its own privacy policy:

Accepted Answer

A) Commits a crime. 
B) Is behaving unethically but not illegally. 
C) Is engaging in misleading or deceptive conduct. 
D) Is negligent. 
A) Commits a crime. 
B) Is behaving unethically but not illegally. 
C) Is engaging in misleading or deceptive conduct. 
D) Is negligent.

Question 5

Which of the following types of legal action would a consumer be least likely to bring in respect of an incident of misleading and deceptive advertising?

Accepted Answer

A) The tort of deceit. 
B) Infringement of ACL s 18. 
C) Breach of contract. 
D) The tort of nuisance. 
A) The tort of deceit. 
B) Infringement of ACL s 18. 
C) Breach of contract. 
D) The tort of nuisance.

Question 6

If a business fails to take reasonable steps to protect any personal information it holds from misuse or unauthorised access, it is in breach of:

Accepted Answer

A) APP2. 
B) APP4. 
C) APP3. 
D) APP7. 
A) APP2. 
B) APP4. 
C) APP3. 
D) APP7.

Question 7

Most of the rules regulating marketing and selling to consumers can now be found in:

Accepted Answer

A) The Australian Consumer Law ("ACL") enacted in 2010. 
B) The Trade Practices Act 1873. 
C) The Australian Securities and Investments Commission Act 2001 (Cth). 
D) The Sale of Goods Act 1893 (Cth). 
A) The Australian Consumer Law ("ACL") enacted in 2010. 
B) The Trade Practices Act 1873. 
C) The Australian Securities and Investments Commission Act 2001 (Cth). 
D) The Sale of Goods Act 1893 (Cth).

Question 8

A business can generally use personal information about an individual for marketing purposes under the Privacy Amendment (Enhancing Privacy Protection)Act 2012 (Cth) if:

Accepted Answer

A) The individual has 'opted out' and therefore doesn't mind the information being collected. 
B) It is impracticable to seek their consent and the individual is told they can 'opt out' of further marketing. 
C) It does not tell the individual. 
D) The individual cannot be told the information is being collected because the information is of a sensitive nature. 
A) The individual has 'opted out' and therefore doesn't mind the information being collected. 
B) It is impracticable to seek their consent and the individual is told they can 'opt out' of further marketing. 
C) It does not tell the individual. 
D) The individual cannot be told the information is being collected because the information is of a sensitive nature.

Question 9

Which of the following is not required to be proven to establish that conduct has infringed s 18 of the Australian Consumer Law?

Accepted Answer

A) That there has been conduct in trade or commerce on the part of the defendant. 
B) That the defendant has done a positive act. 
C) That the act was misleading or deceptive or likely to mislead or deceive. 
D) That the conduct was in trade or commerce. 
A) That there has been conduct in trade or commerce on the part of the defendant. 
B) That the defendant has done a positive act. 
C) That the act was misleading or deceptive or likely to mislead or deceive. 
D) That the conduct was in trade or commerce.

Question 10

The Australian Consumer Law is not:

Accepted Answer

A) A result of the conclusions reached in the 2008 Productivity Commission's report, 'Review of Australia's Consumer Protection Framework'. 
B) A Commonwealth law. 
C) Current law. 
D) Constitutionally invalid. 
A) A result of the conclusions reached in the 2008 Productivity Commission's report, 'Review of Australia's Consumer Protection Framework'. 
B) A Commonwealth law. 
C) Current law. 
D) Constitutionally invalid.

Question 11

ACL Part 4.1 sets out the penalties associated with various contraventions of the ACL.Many penalties are imposed on a 'strict liability' basis.This means that

Accepted Answer

A) An element of moral fault or a particular intention on the part of the defendant need not be proven. 
B) The Court has no choice about the remedies that are to be applied. 
C) No defences are available to the defendant. 
D) If the defendant is found liable the penalties are automatically doubled. 
A) An element of moral fault or a particular intention on the part of the defendant need not be proven. 
B) The Court has no choice about the remedies that are to be applied. 
C) No defences are available to the defendant. 
D) If the defendant is found liable the penalties are automatically doubled.

Question 12

APP1 and APP10 of the Privacy Act 1988 (Cth) set out the obligations of businesses with respect to the collection of personal and sensitive information.These rules do not provide that:

Accepted Answer

A) A business can collect personal information when it is necessary. 
B) A business should collect information directly rather than indirectly. 
C) A business should not make the individual aware that it is collecting such information. 
D) A business needs special permission from an individual to collect sensitive information. 
A) A business can collect personal information when it is necessary. 
B) A business should collect information directly rather than indirectly. 
C) A business should not make the individual aware that it is collecting such information. 
D) A business needs special permission from an individual to collect sensitive information.

Question 13

Which of the following situations is most likely to be considered misleading or deceptive conduct in breach of ACL s18?

Accepted Answer

A) An advertisement for a fast food outlet's latest Happiest Meal has a large picture of a toy beside the burger.However, no toy comes with purchase of the burger. 
B) An advertisement for a hair salon has a pretty young woman in a staff uniform posing in the picture.The pretty young woman is not a member of the salon's staff. 
C) A home improvement store proudly proclaims outside its shop 'Cheapest prices you will find in Melbourne!' A customer has found the same set of repair tools going for half the store's retail price in Brisbane. 
D) A fish shop prominently displays a large poster of its latest guppies imported from Africa.The image of the guppies on the poster is 2 metres in length.The actual size of the guppies is 1.5 centimetres. 
A) An advertisement for a fast food outlet's latest Happiest Meal has a large picture of a toy beside the burger.However, no toy comes with purchase of the burger. 
B) An advertisement for a hair salon has a pretty young woman in a staff uniform posing in the picture.The pretty young woman is not a member of the salon's staff. 
C) A home improvement store proudly proclaims outside its shop 'Cheapest prices you will find in Melbourne!' A customer has found the same set of repair tools going for half the store's retail price in Brisbane. 
D) A fish shop prominently displays a large poster of its latest guppies imported from Africa.The image of the guppies on the poster is 2 metres in length.The actual size of the guppies is 1.5 centimetres.

Question 14

What are the 'Australian Privacy Principles'?

Accepted Answer

A) Internationally recognised privacy standards. 
B) Aspirational privacy goals. 
C) Privacy prohibitions. 
D) Australia's minimum privacy standards. 
A) Internationally recognised privacy standards. 
B) Aspirational privacy goals. 
C) Privacy prohibitions. 
D) Australia's minimum privacy standards.

Question 15

Which of the following cannot be said of the consumer guarantees implied into consumer contracts by the Australian Consumer Law (ACL)?

Accepted Answer

A) They are implied into every consumer contract by the ACL. 
B) They include guarantees as to the title of the goods, their quality and fitness for their purpose. 
C) They apply to standard form contracts only. 
D) Many of them have a history that dates back to the Sale of Goods Act 1893 (UK). 
A) They are implied into every consumer contract by the ACL. 
B) They include guarantees as to the title of the goods, their quality and fitness for their purpose. 
C) They apply to standard form contracts only. 
D) Many of them have a history that dates back to the Sale of Goods Act 1893 (UK).

Question 16

Harley Roman Cookware advertises in the newspaper that its portable ovens are on sale for $10 each.The shop only has 3 such ovens in stock.This appears to be an example of:

Accepted Answer

A) Offering gifts or prizes without intending to supply them. 
B) Accepting payment without intending to supply the goods. 
C) Bait advertising. 
D) Pyramid selling. 
A) Offering gifts or prizes without intending to supply them. 
B) Accepting payment without intending to supply the goods. 
C) Bait advertising. 
D) Pyramid selling.

Question 17

'Caveat emptor' is a Latin maxim meaning:

Accepted Answer

A) Let the buyer beware. 
B) Let the buyer be alert 
C) Let the buyer be responsible. 
D) The law does not concern itself with trifles. 
A) Let the buyer beware. 
B) Let the buyer be alert 
C) Let the buyer be responsible. 
D) The law does not concern itself with trifles.

Question 18

The Australian Consumer Law Part 3.3 regulates the safety of products sold to consumers.Goods that do not comply with a safety standard or may be dangerous may be subject to a compulsory recall notice.The issue of this notice generally does not mean that the business must:

Accepted Answer

A) Provide a refund or exchange. 
B) Recall the goods. 
C) Notify the public about its plans for the goods. 
D) Destroy the goods. 
A) Provide a refund or exchange. 
B) Recall the goods. 
C) Notify the public about its plans for the goods. 
D) Destroy the goods.

Question 19

The consumer protection movement can best be described as:

Accepted Answer

A) A social movement that began in the 1970's with the aim of securing women's rights. 
B) A political movement that began with an uprising in 19th century England in which people rallied to bring manufacturers to account for contaminants in their food and drink (e.g.snails in ginger beer). 
C) A movement that developed in the Courts in the 17th and 18th century that was designed reduce the importance of written contracts and give courts unlimited power to decide the outcome of consumer transactions. 
D) A movement that gained momentum in the 1970's with the aim of limiting the scope for businesses to exploit consumers. 
A) A social movement that began in the 1970's with the aim of securing women's rights. 
B) A political movement that began with an uprising in 19th century England in which people rallied to bring manufacturers to account for contaminants in their food and drink (e.g.snails in ginger beer). 
C) A movement that developed in the Courts in the 17th and 18th century that was designed reduce the importance of written contracts and give courts unlimited power to decide the outcome of consumer transactions. 
D) A movement that gained momentum in the 1970's with the aim of limiting the scope for businesses to exploit consumers.

Question 20

A business is not prohibited by the ACL from supplying goods:

Accepted Answer

A) Declared to be unsafe. 
B) That have been permanently banned. 
C) That do not comply with the relevant product safety standard. 
D) That are advertised using exaggerated claims about the goods. 
A) Declared to be unsafe. 
B) That have been permanently banned. 
C) That do not comply with the relevant product safety standard. 
D) That are advertised using exaggerated claims about the goods.

Engaging in 'conduct' within the meaning of s 18 of the Australian Corporations Law:

Bill runs a restaurant called 'Meat Lovers'.The following events occur on 27 May 2009.At which point has Bill acted 'unconscionably'?

A business that fails to comply with its own privacy policy:

Which of the following types of legal action would a consumer be least likely to bring in respect of an incident of misleading and deceptive advertising?

If a business fails to take reasonable steps to protect any personal information it holds from misuse or unauthorised access, it is in breach of:

Most of the rules regulating marketing and selling to consumers can now be found in:

A business can generally use personal information about an individual for marketing purposes under the Privacy Amendment (Enhancing Privacy Protection)Act 2012 (Cth) if:

Which of the following is not required to be proven to establish that conduct has infringed s 18 of the Australian Consumer Law?

The Australian Consumer Law is not:

ACL Part 4.1 sets out the penalties associated with various contraventions of the ACL.Many penalties are imposed on a 'strict liability' basis.This means that

APP1 and APP10 of the Privacy Act 1988 (Cth) set out the obligations of businesses with respect to the collection of personal and sensitive information.These rules do not provide that:

Which of the following situations is most likely to be considered misleading or deceptive conduct in breach of ACL s18?

What are the 'Australian Privacy Principles'?

Which of the following cannot be said of the consumer guarantees implied into consumer contracts by the Australian Consumer Law (ACL)?

Harley Roman Cookware advertises in the newspaper that its portable ovens are on sale for $10 each.The shop only has 3 such ovens in stock.This appears to be an example of:

'Caveat emptor' is a Latin maxim meaning:

The Australian Consumer Law Part 3.3 regulates the safety of products sold to consumers.Goods that do not comply with a safety standard or may be dangerous may be subject to a compulsory recall notice.The issue of this notice generally does not mean that the business must:

The consumer protection movement can best be described as:

A business is not prohibited by the ACL from supplying goods:

Business and the Law

Law in Australia 1: the Australian Legal System

Law in Australia 2: Politicians and Judges

Legal Skills: How to Find, Understand and Use the Law

Tort Law 1: Deliberate Harm

Tort Law 2: Careless Harm

Contract Law 1: Formation of the Contract

Contract Law 2: Terms of the Contract

Contract Law 3: Enforcement of the Contract

Contract Law 4: Working With Agents

Competition Law: Dealing With Other Businesses

Intellectual Property Law: Protecting Your Creation

Managing a Business 1: Start-Up

Managing a Business 2: Business Ownership

Managing a Business 3: Finance

Managing a Business 4: Making Payments and Recovering Debts

Managing a Business 5: Insurance and Taxes

Managing a Business 6: Employment

Managing a Business 7: Bankruptcy and Liquidation

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Exam 11: Consumer Protection and Privacy Law: Dealing With Customers

Engaging in 'conduct' within the meaning of s 18 of the Australian Corporations Law:

Bill runs a restaurant called 'Meat Lovers'.The following events occur on 27 May 2009.At which point has Bill acted 'unconscionably'?

A business that fails to comply with its own privacy policy:

Which of the following types of legal action would a consumer be least likely to bring in respect of an incident of misleading and deceptive advertising?

If a business fails to take reasonable steps to protect any personal information it holds from misuse or unauthorised access, it is in breach of:

Most of the rules regulating marketing and selling to consumers can now be found in:

A business can generally use personal information about an individual for marketing purposes under the Privacy Amendment (Enhancing Privacy Protection)Act 2012 (Cth) if:

Which of the following is not required to be proven to establish that conduct has infringed s 18 of the Australian Consumer Law?

The Australian Consumer Law is not:

ACL Part 4.1 sets out the penalties associated with various contraventions of the ACL.Many penalties are imposed on a 'strict liability' basis.This means that

APP1 and APP10 of the Privacy Act 1988 (Cth) set out the obligations of businesses with respect to the collection of personal and sensitive information.These rules do not provide that:

Which of the following situations is most likely to be considered misleading or deceptive conduct in breach of ACL s18?

What are the 'Australian Privacy Principles'?

Which of the following cannot be said of the consumer guarantees implied into consumer contracts by the Australian Consumer Law (ACL)?

Harley Roman Cookware advertises in the newspaper that its portable ovens are on sale for $10 each.The shop only has 3 such ovens in stock.This appears to be an example of:

'Caveat emptor' is a Latin maxim meaning:

The Australian Consumer Law Part 3.3 regulates the safety of products sold to consumers.Goods that do not comply with a safety standard or may be dangerous may be subject to a compulsory recall notice.The issue of this notice generally does not mean that the business must:

The consumer protection movement can best be described as:

A business is not prohibited by the ACL from supplying goods:

Business and the Law

Law in Australia 1: the Australian Legal System

Law in Australia 2: Politicians and Judges

Legal Skills: How to Find, Understand and Use the Law

Tort Law 1: Deliberate Harm

Tort Law 2: Careless Harm

Contract Law 1: Formation of the Contract

Contract Law 2: Terms of the Contract

Contract Law 3: Enforcement of the Contract

Contract Law 4: Working With Agents

Competition Law: Dealing With Other Businesses

Intellectual Property Law: Protecting Your Creation

Managing a Business 1: Start-Up

Managing a Business 2: Business Ownership

Managing a Business 3: Finance

Managing a Business 4: Making Payments and Recovering Debts

Managing a Business 5: Insurance and Taxes

Managing a Business 6: Employment

Managing a Business 7: Bankruptcy and Liquidation

Filters