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FAIR TRADING ACT 1987 - SECT 79W Certain matters to be reported to President of Tribunal or to Minister

FAIR TRADING ACT 1987 - SECT 79W

Certain matters to be reported to President of Tribunal or to Minister

79W Certain matters to be reported to President of Tribunal or to Minister

(cf CC Act 1998, s 15)

(1) Members of the Tribunal may give a written report to the President of the Tribunal concerning--
(a) any matter that arises out of the hearing or determination of a consumer claim by the Tribunal (constituted by those members) that they consider to be of importance as regards the relationship of consumer and supplier, or
(b) any matter that, in their opinion, is relevant to the administration of this Part and should be brought to the attention of the President of the Tribunal.
(2) The President of the Tribunal may give a written report to the Minister concerning--
(a) any matter that arises out of the hearing or determination of a consumer claim by the Tribunal (constituted by the President) that the President considers to be of importance as regards the relationship of consumer and supplier, or
(b) any matter that, in the opinion of the President, is relevant to the administration of this Part and should be brought to the attention of the Minister, or
(c) any matter reported to the President by any member of the Tribunal in accordance with subsection (1) and that the President considers should be brought to the attention of the Minister.
(3) If, in the course of, or as a result of, the hearing of a consumer claim by the Tribunal, it appears to the Tribunal that a supplier has, in the course of the supplier's dealings with the claimant, engaged in conduct that should be brought to the attention of the Secretary, the Tribunal may give a written report to the Secretary concerning that conduct.
(4) The Secretary may give a copy of any report relating to a supplier that is given to the Secretary under this section (or any information contained in the report) to--
(a) any authority responsible for the administration of a law that appears to the Secretary to require the supplier (as a supplier of goods or services) to be the holder of a licence, certificate of registration, practising certificate, permit or other authority, or
(b) any trade organisation comprising persons (or mostly persons) who supply goods or services of the kind supplied by the supplier, but only if it appears to the Secretary that the supplier is a member of that organisation.
(5) The Secretary has qualified privilege in proceedings for defamation arising out of a communication made under this section.