COMPETITION AND CONSUMER REGULATIONS 2010 - REG 88 Application of Division 2, Part 3 - 2 of Australian Consumer Law to emergency repair contract

COMPETITION AND CONSUMER REGULATIONS 2010 - REG 88

  (1)   For paragraph   94(a) of the Australian Consumer Law, the following provisions of the Australian Consumer Law do not apply in relation to the circumstances specified in subregulation   (2):

  (a)   section   76;

  (b)   paragraph   79(c);

  (c)   paragraph   82(3)(a);

  (d)   paragraph   82(3)(b);

  (e)   paragraph   82(3)(d);

  (f)   section   86;

  (g)   section   173;

  (h)   paragraph   175(1)(c);

  (i)   section   179.

  (2)   For subregulation   (1), the circumstances are:

  (a)   that as a result of an earthquake, fire, flood, storm or similar event a state of emergency has been declared under a law of the Commonwealth, a State or a Territory for an area in which a person's property is located; and

  (b)   the person enters into an agreement (an emergency repair contract ) with a supplier of goods or services for urgent work to be undertaken to:

  (i)   rectify a hazard or potential hazard on the person's property; or

  (ii)   protect the health and safety of persons on the person's property; or

  (iii)   prevent substantial damage to the person's property; and

  (c)   under a Commonwealth, State or Territory law for the area in which the person's property is located, the supplier of goods or services under the emergency repair contract is required to hold a licence that is in force and the supplier holds the licence.