ACCC Small Business Information Network (SBIN)

Dear SBIN members,

This month’s newsletter contains information about the new point-of-sale refund and returns sign and a company registration scam warning.

New point-of-sale signs are now available from the ACCC and consumerlaw.gov.au websites.  These signs can be displayed in store to help consumers and sales staff understand their rights and obligations under the Australian Consumer Law (ACL).

Also included is information and a warning regarding a recent company registration scam conducted.

Standard point-of-sale signs are now available

A consumers’ right to a repair, replacement or refund is a frequent source of dispute between businesses and consumers. The ACCC also receives a number of queries from businesses about their rights and obligations in relation to refunds and returns.

The ACCC together with the state and territory consumer protection agencies have produced a point-of-sale refunds and returns sign to reflect consumers’ rights to a remedy when something goes wrong with a product they have purchased.

The aim of the sign is to ensure businesses can be confident that their refunds and returns policy complies with the ACL. The sign can be displayed at a shop counter or on a shop wall and will provide consumers with clear information about their rights to refunds and returns.

While the ACL does not require businesses to use the point-of-sale sign, using a sign that clearly sets out their rights and obligations will help clarify the law and minimise the risk of disputes between businesses and consumers.

It is important for businesses to review their in-store signage to ensure that it does not breach the ACL. In-store signs and cash register receipts that state ‘no refunds’ are likely to breach the ACL as they may imply that a consumer is not entitled to a refund under any circumstance.

A copy of the new point-of-sale sign is available here and counter display hard copies can be ordered from the ACCC website – www.accc.gov.au or Small business helpline – 1300 302 021.

The link below is a media release by the Hon David Bradbury, Parliamentary Secretary to the Treasurer which discusses the new point-of-sale signs:

http://ministers.treasury.gov.au/DisplayDocs.aspx?doc=pressreleases/2011/023.htm&pageID=003&min=djb&Year=&DocType=

Company registration scam

The Australian Securities and Investments Commission (ASIC) is warning businesses about a company registration scam that was recently conducted via a website www.asicregistrar.com, and potential copycat scams.

The www.asicregistrar.com website presented itself as the official ASIC registration service for businesses wishing to register for an Australian Company Number (ACN). Businesses were charged $450 to register and were provided with a range of fictitious documentation including certificates of registration as a company, minutes of meetings, share certificates, a register of members and consents to act as a director.

ASIC was notified of at least 20 persons who were directed to the website which promoted itself as being a registered agent of ASIC with the ability to register Australian companies within minutes. In all instances ASIC company searches show that the requested companies were never actually registered.

The website www.asicregistrar.com, which has since been taken down, was a replica of a legitimate ASIC agent’s website. A similar scam site www.aucorporator.com also operated but has since been removed.

ASIC is working with the victims of this scam to have their $450 returned.

The link below is the ASIC media release on this topic:

http://www.asic.gov.au/asic/asic.nsf/byHeadline/11-%20110AD%20Beware%20company%20registration%20scams?opendocument

More information

Further information on consumer guarantees and what constitutes a major or minor failure is available here.

You may also contact your local ACCC Regional Education & Engagement Manager listed below for further information.

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The ACCC also produces a newsletter which provides information on cartels, including tips for businesses on how to avoid engaging in or being the victim of cartel conduct. If you would like to subscribe to receive cartel-specific updates please send an email with your contact details to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .