Question 1

APP1 to 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.

Question 2

Dana runs Very Vintage, a dress shop that advertises itself as a shop that only sells elegant second-hand garments.A customer has discovered that Dana has been selling brand-new clothes imported from China.In breach of ACL s 29 Dana has made a false representation:

Accepted Answer

A)  that her goods are of a particular standard, quality, value, grade, composition, style or model or have had a particular history or particular previous use.
B)  that her services are of a particular standard, quality, value or grade.
C)  that her goods are new.
D)  concerning the place of origin of her goods.

Question 3

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.

Question 4

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.

Question 5

Which of the following is not a means of enforcement of the ACL?

Accepted Answer

A)  The business offering the ACCC an enforceable undertaking.
B)  The ACCC issuing a substantiation notice.
C)  The ACCC issuing a public warning notice.
D)  The business offering the ACCC a secret commission.

Question 6

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 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'.

Question 7

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.

Question 8

If goods are defective under ACL Part 3-5, which of the following will result?

Accepted Answer

A)  The manufacturer must give the consumer a new set of goods.
B)  The manufacturer must publicly apologise to the consumer.
C)  The manufacturer is strictly liable for any injury to the consumer or for damage caused to their property resulting from the defective goods.
D)  The manufacturer is not liable to the consumer. C

Question 9

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 Policy Framework.
B)  a Commonwealth law.
C)  current law.
D)  constitutionally invalid.

Question 10

A business can only use or disclose sensitive information about an individual for the purposes of direct marketing under the Privacy Act 1988 (Cth)  if:

Accepted Answer

A)  the individual has 'opted out' and therefore doesn't mind the information being disclosed or used.
B)  the individual has consented to the use or disclosure of the information for that purpose.
C)  it does not tell the individual.
D)  the individual cannot be told the information is being used because the information is of a sensitive nature.

Question 11

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.

Question 12

What made caveat emptor a poor idea on which to base the law regulating consumer transactions in the 20th Century was the fact that true equality of bargaining power between buyers and businesses had become:

Accepted Answer

A)  commonplace.
B)  rare.
C)  unnecessary.
D)  impossible to achieve unless both parties spoke Latin.

Question 13

ASIC is a statutory body responsible, amongst other things, for:

Accepted Answer

A)  drafting legislation designed to promote competition and fair play in the market place.
B)  monitoring compliance with Australian corporations law.
C)  promoting competition and fair play in the marketplace.
D)  drafting legislation designed to ensure compliance with the consumer law.

Question 14

Unconscionable conduct is not clearly defined in ss 20 and 21 of the Australian Consumer Law.Section 20 however, provides that unconscionable conduct should be assessed in accordance with the 'unwritten law'.This suggests that unconscionable conduct in general terms means:

Accepted Answer

A)  causing another to believe what is false.
B)  unfairly taking advantage of another's weakness or vulnerability.
C)  unfairly engaging in conduct that reduces competition.
D)  leading another astray or into error. B

Question 15

Until the late 20th Century, consumers:

Accepted Answer

A)  had few special protections at law.
B)  were a privileged group.
C)  were well served by the common law.
D)  had a wide range of useful and accessible common law remedies.

Question 16

The right to privacy is described in the Universal Declaration of Human Rights as follows: 'No one shall be subject to _____ interference with his privacy, family, home, or correspondence.' What is the missing word?

Accepted Answer

A)  any
B)  uninvited
C)  unnecessary
D)  arbitrary

Question 17

Which of the following requirements does not need to be satisfied in order to establish a breach of s 18 of the Australian Consumer law?

Accepted Answer

A)  That there has been conduct.
B)  That the conduct was misleading and deceptive.
C)  That the conduct would have been likely to mislead the 'reasonable person'.
D)  That the conduct was in trade or commerce.

Question 18

A statement of opinion will only be misleading or deceptive under s 18 of the Australian Consumer Law if:

Accepted Answer

A)  It contains a representation of fact that is misleading or deceptive.
B)  It is negligently made.
C)  It is based on a distortion or exaggeration of the truth.
D)  It contains expert opinion, or is advanced by an expert.

Question 19

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.

Question 20

If a person has engaged in unconscionable conduct under s 21, a court will not apply the provision if the person is:

Accepted Answer

A)  a listed public company.
B)  a small private business.
C)  a large private business.
D)  a medium-sized business. A

Exam 11: Dealing With Consumers

APP1 to 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:

Correct Answer
verified

Dana runs Very Vintage, a dress shop that advertises itself as a shop that only sells elegant second-hand garments.A customer has discovered that Dana has been selling brand-new clothes imported from China.In breach of ACL s 29 Dana has made a false representation:

Correct Answer
verified

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

Correct Answer
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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:

Correct Answer
verified

Which of the following is not a means of enforcement of the ACL?

Correct Answer
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Correct Answer
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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:

Correct Answer
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If goods are defective under ACL Part 3-5, which of the following will result?

Correct Answer
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C

The Australian Consumer Law is not:

Correct Answer
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A business can only use or disclose sensitive information about an individual for the purposes of direct marketing under the Privacy Act 1988 (Cth) if:

Correct Answer
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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?

Correct Answer
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What made caveat emptor a poor idea on which to base the law regulating consumer transactions in the 20th Century was the fact that true equality of bargaining power between buyers and businesses had become:

Correct Answer
verified

ASIC is a statutory body responsible, amongst other things, for:

Correct Answer
verified

Unconscionable conduct is not clearly defined in ss 20 and 21 of the Australian Consumer Law.Section 20 however, provides that unconscionable conduct should be assessed in accordance with the 'unwritten law'.This suggests that unconscionable conduct in general terms means:

Correct Answer
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B

Until the late 20th Century, consumers:

Correct Answer
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The right to privacy is described in the Universal Declaration of Human Rights as follows: 'No one shall be subject to _____ interference with his privacy, family, home, or correspondence.' What is the missing word?

Correct Answer
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Which of the following requirements does not need to be satisfied in order to establish a breach of s 18 of the Australian Consumer law?

Correct Answer
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A statement of opinion will only be misleading or deceptive under s 18 of the Australian Consumer Law if:

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

Correct Answer
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If a person has engaged in unconscionable conduct under s 21, a court will not apply the provision if the person is:

Correct Answer
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A

Exam 11: Dealing With Consumers

APP1 to 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:

Correct AnswerverifiedShow Answer

Dana runs Very Vintage, a dress shop that advertises itself as a shop that only sells elegant second-hand garments.A customer has discovered that Dana has been selling brand-new clothes imported from China.In breach of ACL s 29 Dana has made a false representation:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

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:

Correct AnswerverifiedShow Answer

Which of the following is not a means of enforcement of the ACL?

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

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:

Correct AnswerverifiedShow Answer

If goods are defective under ACL Part 3-5, which of the following will result?

Correct AnswerverifiedC

The Australian Consumer Law is not:

Correct AnswerverifiedShow Answer

A business can only use or disclose sensitive information about an individual for the purposes of direct marketing under the Privacy Act 1988 (Cth) if:

Correct AnswerverifiedShow Answer

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?

Correct AnswerverifiedShow Answer

What made caveat emptor a poor idea on which to base the law regulating consumer transactions in the 20th Century was the fact that true equality of bargaining power between buyers and businesses had become:

Correct AnswerverifiedShow Answer

ASIC is a statutory body responsible, amongst other things, for:

Correct AnswerverifiedShow Answer

Unconscionable conduct is not clearly defined in ss 20 and 21 of the Australian Consumer Law.Section 20 however, provides that unconscionable conduct should be assessed in accordance with the 'unwritten law'.This suggests that unconscionable conduct in general terms means:

Correct AnswerverifiedB

Until the late 20th Century, consumers:

Correct AnswerverifiedShow Answer

The right to privacy is described in the Universal Declaration of Human Rights as follows: 'No one shall be subject to _____ interference with his privacy, family, home, or correspondence.' What is the missing word?

Correct AnswerverifiedShow Answer

Which of the following requirements does not need to be satisfied in order to establish a breach of s 18 of the Australian Consumer law?

Correct AnswerverifiedShow Answer

A statement of opinion will only be misleading or deceptive under s 18 of the Australian Consumer Law if:

Correct AnswerverifiedShow Answer

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

Correct AnswerverifiedShow Answer

If a person has engaged in unconscionable conduct under s 21, a court will not apply the provision if the person is:

Correct AnswerverifiedA

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C

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B

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A