One of the functions of the Queensland Office of Fair Trading (OFT) is to proactively conduct compliance activities in industry sectors that may not be compliant with current legislative requirements.  Businesses may unknowingly be in breach of newer legislation such as the Australian Consumer Law (ACL) which was enacted in Queensland on 1st January 2011.  More specifically the unfair contract terms provisions which relate to standard form contracts.

As such, OFT is currently sample testing traders terms and conditions including those who provide pest control services to consumers.  This sample testing and education process is to assist traders obtain a clearer understanding of their legislative requirements to comply with the ACL.  Some pest control businesses have already been contacted in Queensland and are assisting with the sample testing and review.

The components under review include consumer contracts containing: 'terms and conditions' and 'consumer agreements' applicable to consumers who utilise the services of traders such as pest control managers.  This review of the ‘terms and conditions’ of pest control businesses follows previous successful similar reviews conducted in other industry sectors.

The documents referred to may be located;

• On your businesses web-site; and or
• On a notice board at the entrance, internally or in your business office; and or
• On a contract or receipt; and or
• Available to consumers in hard copy upon request; and or
• Other means.

The relevant ACL links are included for your convenience and reference - these links will greatly assist you to broaden your legislative knowledge and business requirements:

1.     http://www.accc.gov.au
        (ACCC Internet Site)

2.     http://www.consumerlaw.gov.au
        (Australian Consumer Law web-site)

3.     http://www.accc.gov.au/content/index.phtml/itemId/937060
        (A guide to the unfair contract terms - booklet)

While the industry review is underway, OFT highly recommends that your business and or legal representative/s peruse these ACL links to ensure relevant management and staff become familiar with the ACL information and that you take the opportunity to assess whether the terms and conditions you rely on potentially comply with the legislation.  Those businesses outside Queensland are encouraged to undertake their own assessment of their terms and conditions as the ACL applies nationally.

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