Questions

a)Who is a consumer under the Competition and Consumer Act (Cth) 2010?

b) Does the Competition and Consumer Act (Cth) 2010 apply to the provision of services?

c) Is the exclusion clause void under Competition and Consumer Act (Cth) 2010? If so why?

d) Refer to sections 18 and section 29 of the Australian Consumer Law. Does this exclusion clause contravene section 18 civil only and constitute a criminal breach of section 29 (civil and criminal)?

Provide reasons.

Facts

Park Ltd operates a city car parking station. Park Ltd has a large sign after you enter the car park and another similar sign positioned at the pedestrian exit point as follows: "Park Ltd is not responsible under any circumstances for any loss or damage to property or personal injury to customers, drivers or passengers or trespassers even if caused by the negligence or criminal conduct of the agent's employees or officers of Park Ltd" This exclusion clause was also clearly printed on the back of the ticket customers received when they went through the non-manned automatic gate machine at the entrance of the car park that is required for payment on exit. There is no question that the exclusion clause is part of the contract for parking. On 15 June 2018 Pamela drove into the car park operated by Park Ltd. She saw the sign and she took the ticket which had the exclusion clause printed on its back from the machine to enable her to enter the car park. Pamela parked her car in a space on the second floor

While she was absent Ben, an employee car parking attendant of Park Ltd, was driving recklessly whilst moving some cars in the car park and smashed into and badly damaged Pamela's car.