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Law Council of Australia

Business Law Section

NSW Fair Trading’s Consultation Paper: Proposed Information Standard for NSW Travel Industry (December 2021)

The submission to the NSW Fair Trading in response to its Consultation Paper on a Proposed Information Standard for the NSW Travel Industry, published in December 2021 (Consultation Paper), was prepared by the Competition and Consumer Committee (Committee) of the Business Law Section.

The SME Business Law Committee of the BLS supports the views expressed by the Committee in this submission. The Committee acknowledges that Australian consumers have experienced stress, frustration and confusion when seeking to alter travel bookings in light of the COVID-19 pandemic and agrees with the policy objective of improving consumer awareness regarding their rights and remedies in such situations.

Rather than addressing the specific questions raised in the Consultation Paper, the Committee takes the opportunity to provide some observations on the Proposed Information Standard as a state-based solution to this policy problem and its implementation alongside the existing nation-wide consumer protection law (the Australian Consumer Law or ACL).

Based on the information provided in the Consultation Paper, the Committee does not support the implementation of a Proposed Information Standard for the NSW travel industry.


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