Private travel

Australian Government Solicitors Fact Sheet 12, mysteriously GONE from their website. Thanks to web archiving tools, we found it again.

Fact_sheet_No_12 (pdf) Some of the relevant sections highlighted

From Fact Sheet 12:
Commonwealth government bodies are bound by the ACL as a law of the Commonwealth in the same way that they were  previously bound by the consumer protection provisions of the TPA. That is, the ACL binds the Crown in right of the Commonwealth to the extent that it is carrying on a business, either directly or by an authority of the Commonwealth, as if the Crown were a corporation: CCA, s 2A.

All of the govco are corporate entities BOUND by Australian Consumer Law, the Competition and Consumer Act 2010.
https://www.legislation.gov.au/Details/C2023C00043/Html/Volume_4#_Toc128659038

There is a LOT to explore in this document, but here is one of the most relevant to travel within the Commonwealth, see §29 (l) and (n) and (n)ii.

Chapter 3Specific protections

Part 3‑1Unfair practices

Division 1False or misleading representations etc.

29  False or misleading representations about goods or services

             (1)  A person must not, in trade or commerce, in connection with the supply or possible supply of goods or services or in connection with the promotion by any means of the supply or use of goods or services:

                     (a)  make a false or misleading representation that goods are of a particular standard, quality, value, grade, composition, style or model or have had a particular history or particular previous use; or

                     (b)  make a false or misleading representation that services are of a particular standard, quality, value or grade; or

                     (c)  make a false or misleading representation that goods are new; or

                     (d)  make a false or misleading representation that a particular person has agreed to acquire goods or services; or

                     (e)  make a false or misleading representation that purports to be a testimonial by any person relating to goods or services; or

                      (f)  make a false or misleading representation concerning:

                              (i)  a testimonial by any person; or

                             (ii)  a representation that purports to be such a testimonial;

                            relating to goods or services; or

                     (g)  make a false or misleading representation that goods or services have sponsorship, approval, performance characteristics, accessories, uses or benefits; or

                     (h)  make a false or misleading representation that the person making the representation has a sponsorship, approval or affiliation; or

                      (i)  make a false or misleading representation with respect to the price of goods or services; or

                      (j)  make a false or misleading representation concerning the availability of facilities for the repair of goods or of spare parts for goods; or

                     (k)  make a false or misleading representation concerning the place of origin of goods; or

                      (l)  make a false or misleading representation concerning the need for any goods or services; or

                    (m)  make a false or misleading representation concerning the existence, exclusion or effect of any condition, warranty, guarantee, right or remedy (including a guarantee under Division 1 of Part 3‑2); or

                     (n)  make a false or misleading representation concerning a requirement to pay for a contractual right that:

                              (i)  is wholly or partly equivalent to any condition, warranty, guarantee, right or remedy (including a guarantee under Division 1 of Part 3‑2); and

                             (ii)  a person has under a law of the Commonwealth, a State or a Territory (other than an unwritten law).

Note 1:       A pecuniary penalty may be imposed for a contravention of this subsection.

Note 2:       For rules relating to representations as to the country of origin of goods, see Part 5‑3.

             (2)  For the purposes of applying subsection (1) in relation to a proceeding concerning a representation of a kind referred to in subsection (1)(e) or (f), the representation is taken to be misleading unless evidence is adduced to the contrary.

             (3)  To avoid doubt, subsection (2) does not:

                     (a)  have the effect that, merely because such evidence to the contrary is adduced, the representation is not misleading; or

                     (b)  have the effect of placing on any person an onus of proving that the representation is not misleading.

Now, if it was not disclosed to a wo/man that she/he may travel freely without hindrance under the Commonwealth, but was led to believe, coerced into purchasing a drivers license and vehicle registration, but they are both NOT required when travelling in a private capacity?

Commonwealth of Australia Constitution Act, §92

92 Trade within the Commonwealth to be free.
On the imposition of uniform duties of customs, trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free. But notwithstanding anything in this Constitution, goods imported before the imposition of uniform duties of customs into any State, or into any Colony which, whilst the goods remain therein, becomes a State, shall, on thence passing into another State within two years after the imposition of such duties, be liable to any duty chargeable on the importation of such goods into the Commonwealth, less any duty paid in respect of the goods on their importation.

The Private travel Notices terminate the Contracts of Drivers License and Vehicle Registration. No-one should attempt private travel until they are completely comfortable with the process and more importantly, their standing, who they are.

Posted by PMA admin