Section 130 Federal Competition and Consumer Protection Act 2018
Section 130 of the Federal Competition and Consumer Protection Act 2018 is about Rights pertaining to the quality and safety of goods and services. It is under Part XV (Consumers’ Rights) of the Act.
(1) When an undertaking agrees to perform any service for or on behalf of a consumer, the consumer has a right to –
(a) the timely performance and completion of those services, and timely notice of any unavoidable delay in the
performance of the services;
(b) performance of the services in a manner and quality that reasonable persons are generally entitled to expect;
(c) the use, delivery or installation of goods that are free of defects and of a quality that persons are generally entitled to expect, if the goods are required for the performance of the services; and
(d) the return of any property or control over any property of the consumer in at least as good a condition as it was when the consumer made it available to the undertaking for the purpose of performing the services, having regard to the circumstances of the supply, and any specific criteria or conditions agreed between the undertaking and the consumer before or during the performance of the services.
(2) Where an undertaking fails to perform a service to the standards contemplated in subsection (1 ), the consumer may require the undertaking to either-
(a) remedy any defect in the quality of the services performed or goods supplied; or
(b) refund to the consumer a reasonable portion of the price paid for the services performed and goods supplied, having regard to the extent of the failure.
