The Consumer Affairs Bill 2011 provides for the promotion and protection of consumer interests in relation to the supply of goods and services and renames the Competition Commission as the Competition and Consumer Affairs Commission which shall administer both the competition and Fair Trading Act 2006 and the Consumer Affairs Act when it becomes law.
This Bill is based on an earlier version of a Consumer Protection Act 2006 which was not brought into force. This draft Bill goes well beyond the scope of the2006 Act.
Part I (Preliminary) sets out the short title, defines expressions used in the Bill and provides that the Bill subject to certain conditions may apply to a public utility after consultation with the Public Utilities Commission.
Part II (Competition and Consumer Affairs Commission) renames the Competition Commission as the Competition and Consumers Affairs Commission and specifies the commission’s mandate and functions. Schedule 1 sets out the provisions relating to the Commission, regarding its staff, conduct, funds and accounts and audit.
Part III (Investigation of Complaints) sets out the procedure to be followed by Commission in investigating complaints by consumers. The Commission is empowered to summon witnesses to attend before the Commission to give evidence and produce documents using prescribed forms as set out in Schedule 2.
Part IV (Duties of Suppliers) imposes duties on suppliers including:-
￭ Giving consumers information about goods;
￭ Providing measuring equipment that meets standards imposed by law for use by consumers when selling goods or services by references to measurements;
￭ Issuing receipts and explicit warranties to consumers for goods and services;
￭ Compensating consumers for damage caused by goods or services during normal use;
￭ Replacing or repairing defective goods and services;
￭ Making refunds for goods and services that are materially different from those requested;
￭ Effecting exchanges or refunds in the case of faulty goods and services;
￭ Supplying only goods and services that are requesting by consumers;
￭ Keeping records on repairs and giving a copy to consumers before starting repairs;
￭ Providing for accurate claims for payment of instalments by consumer;
￭ Giving refunds or rebate when a consumer does not receive a benefit attached to goods or services and
￭ Dealing with consumer rights in relation to lay away, term and instalment sale, among others.
