FAIR TRADING ACT 1987 - SECT 79S Monetary limit on Tribunal's jurisdiction to make orders

FAIR TRADING ACT 1987 - SECT 79S

79S Monetary limit on Tribunal's jurisdiction to make orders

(cf CC Act 1998, s 14 and CC Reg 2014, cl 4)

(1) The Tribunal has no jurisdiction to make, in respect of a particular consumer claim, an order or orders in favour of the claimant (or, where there are two or more claimants, in favour of those claimants) if the relevant total under or because of the order or orders would exceed the prescribed amount.

(2) For the purposes of subsection (1), the
"relevant total" is the total of--

(a) the amount or amounts (if any) of money to be paid, and

(b) the value or values (if any) of the work to be performed, or the services to be supplied, and

(c) the amount or amounts (if any) of money to be declared not to be due or owing, and

(d) the value or values of goods (if any) to be delivered or replaced.

(3) The Tribunal has no jurisdiction to make in respect of a particular consumer claim an order or orders referred to in section 79O if the amount or the total of the amounts (if any) to be paid under or because of the order or orders would exceed the prescribed amount.

(4) The Tribunal has no jurisdiction to make in respect of a particular consumer claim an order or orders under section 79P if the relevant total under or because of the order or orders would exceed the prescribed amount.

(5) For the purposes of subsection (4), the
"relevant total" is the total of--

(a) the amount or amounts (if any) of money to be paid, and

(b) the value or values (if any) of the services to be supplied, and

(c) the value or values of goods (if any) to be delivered.

(6) Subsections (1), (3) and (4) do not apply in relation to a consumer claim--

(a) arising from the supply of a new motor vehicle that is used substantially for private purposes within the meaning of the Motor Vehicles Taxation Act 1988 , or

(b) relating to commission fees charged by agents licensed under the Property and Stock Agents Act 2002 .

(7) In this section--


"new motor vehicle" means a motor vehicle that is not a second-hand motor vehicle within the meaning of the Motor Dealers and Repairers Act 2013 .


"prescribed amount" means $40,000 or such other amount as is prescribed for the purposes of this section.