FAIR TRADING (AUSTRALIAN CONSUMER LAW) ACT 1992
Table of Provisions
PART 1--PRELIMINARY
- 1 Name of Act
- 2 Dictionary
- 3 Notes
- 4 Offences against Act—application of Criminal Code etc
PART 2--THE AUSTRALIAN CONSUMER LAW
Division 2.1--Definitions
Division 2.2--Application of Australian Consumer Law
- 6 The Australian Consumer Law text
- 7 Application of Australian Consumer Law
- 8 Future modifications of Australian Consumer Law text
- 9 Meaning of generic terms in Australian Consumer Law for purposes of this
- 10 Interpretation of Australian Consumer Law
- 11 Application of Australian Consumer Law
Division 2.3--References to Australian Consumer Law
- 12 References to Australian Consumer Law
- 13 References to Australian Consumer Law of other jurisdictions
Division 2.4--Application of Australian Consumer Law to jurisdictions
- 14 Division does not apply to Commonwealth
- 15 Application law of this jurisdiction
- 16 Application law of other jurisdictions
- 17 Activities that are not business
- 18 Jurisdictions not liable to pecuniary penalty or prosecution
Division 2.5--Miscellaneous
- 19 Conferral of functions and powers on certain bodies
- 20 No doubling-up of liabilities
PART 3--CODES OF PRACTICE
- 21 Definitions for pt 3
- 22 Preparation of draft codes of practice
- 23 Approval of codes of practice
- 24 Undertakings following contravention of approved code
- 25 Enforcement of undertakings
- 26 Variation or discharge of restraining order
- 27 Register of undertakings
PART 4--ADVISORY COMMITTEES
- 28 Establishment of advisory committees
- 29 Advisory committee membership
- 30 Advisory committee—general procedure
- 31 Reimbursement of expenses for advisory committee members
PART 5--COMMISSIONER FOR FAIR TRADING
Division 5.1--Administration
- 32 Commissioner for fair trading
- 33 Functions of commissioner
- 34 Delegation by commissioner
Division 5.1A--Conciliation of consumer complaints
Subdivision 5.1A--.1 Preliminary
- 34A Application—div 5.1A
- 34B Definitions—div 5.1A
- 34C Meaning of conciliation—div 5.1A
Subdivision 5.1A--.2 Conciliation
- 34D Conciliation
- 34E Parties to conciliation
- 34F Attendance at conciliation
- 34G Compulsory conciliation notice
- 34H Conduct of conciliation
- 34I Conciliated agreements
- 34J End of conciliation
- 34K Admissibility of evidence
Subdivision 5.1A--.3 Civil penalties—business failing to attend
conciliation
- 34L Definitions—sdiv 5.1A.3
- 34M Civil penalty orders
- 34N Civil enforcement of penalty
- 34O Multiple contraventions of civil penalty provision
- 34P Proceedings may be heard together
- 34Q Civil evidence and procedure rules for civil penalty orders
- 34R Civil penalty provisions—no fault element
- 34S Civil penalty provisions—contravention by corporation
- 34T Reasonable excuse—burden of proof
Division 5.2--Investigations
- 35 Definitions for div 5.2
- 36 Investigators
- 37 Identity cards
- 38 Power not to be exercised before identity card shown
- 39 General power to enter premises
- 40 Consent to entry
- 41 Warrants
- 42 Warrants—application made other than in person
- 43 General powers on entry to premises
- 44 Inspection of records of agents
- 45 Power to seize evidence
- 46 Receipt for things seized
- 47 Access to things seized
- 48 Return of things seized
- 49 Self-incrimination etc
- 50 Damage etc to be minimised
- 51 Compensation
- 52 Investigator may require giving of information and producing of
- 53 Copying of documents produced under s 52
- 54 Secrecy
- 55 Commissioner may begin or defend legal proceeding on behalf of consumer
- 56 Commissioner must obtain consent in relation to proceeding
- 57 Conduct of proceeding by commissioner
- 58 Court's powers
- 59 Recovery of money other than costs
- 60 Costs
- 61 Commissioner not personally liable
PART 6--MAXIMUM ANNUAL PERCENTAGE RATE AND DISCLOSURE
- 62 Definitions—pt 6
- 63 Maximum annual percentage rate
- 64 Disclosure of cost of credit
PART 7--MISCELLANEOUS
