Department of Climate Change, Energy, the Environment and Water

Revised Release Of LEX 3784 – Water Purchases.

3784 Released 1 page PDF

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AFCA provided Treasury with a confidential brief on 14 October 2024 regarding liability frameworks for the Scams Prevention Framework (SPF). The email and attached brief discussed how remediation programs—existing regulatory tools previously used to resolve scam-related disputes—might address consumer complaints before they reach the Australian Financial Complaints Authority's external dispute resolution process. AFCA's analysis was solicited following Treasury's 9 October request for views on proportionate liability provisions under Part VIA of the Competition and Consumer Act and Part 7.10 Division 2A of the Corporations Act, with particular attention to circumstances where consumer negligence is relevant. AFCA framed its response against the Minister's stated SPF priorities: prevention and upstream interventions, incentivising appropriate firm behaviour, and establishing specific legally binding obligations with clear regulatory responsibilities. The brief explores potential integration of existing remediation mechanisms into primary legislation design.

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