Page:Australian Competition and Consumer Commission v Valve Corporation (No 3).pdf/38

 based on the law of contract": Explanatory Memorandum, Trade Practices Amendment (Australian Consumer Law) Bill (No 2) 2010 (Cth) 600 [25.28].

110 The Explanatory Memorandum explained that (at 602 [25.33]):

111 The Explanatory Memorandum explained that the new regime was intended to be simpler. It compared the previous scheme of implications with the new scheme which was described as one in which "If a person supplies goods to a consumer, the following guarantees apply". There was no suggestion that the guarantees would only apply if a person supplied goods to a consumer where the law which is the real and closest connection to the supply is a part of Australia. Given the emphasis on simplicity and clarity, this is unsurprising.

112 With this goal, the Australian Consumer Law maintained the two-part scheme which had existed in the Trade Practices Act. The two sections are ss 64 and 67. As the Explanatory Memorandum that introduced the Australian Consumer Law described these two sections (184 [7.17]):

113 Section 64 (which had previously been s 68 of the Trade Practices Act) provides: