CONSUMER AFFAIRS AND FAIR TRADING ACT 1990
Table of Provisions
PART 1--PRELIMINARY MATTERS
PART 2--CONSUMER AFFAIRS COMMISSIONER
Division 1--Commissioner of Consumer Affairs and Director
Division 2--Director
PART 3--AUTHORISED OFFICERS
PART 4--AUSTRALIAN CONSUMER LAW
Division 1--Interpretation
Division 5--Miscellaneous matters
- 39 Conferral of functions and powers on certain bodies
- 40 No doubling-up of liabilities
- 41 Application of Criminal Code
- 42 Finding in proceedings to be evidence
- 43 Conduct of directors, employees or agents of bodies corporate
- 44 Conduct of employees or agents of persons other than bodies corporate
- 45 Court may make orders to preserve money or other property
- 46 Application of Australian Consumer Law (NT) to bills for legal services under Legal Profession Act 2006
- 47 Compliance with standard for supply of electrical appliance
- 48 Limitation of liability in relation to supply of recreational services
PART 8--FAIR REPORTING
- 114 Interpretation of Part 8
- 115 Application of Part 8
- 116 Procedures in respect of prescribed reports
- 117 Duty of trader to disclose receipt of prescribed report
- 118 Duty of disclosure of reporting agencies
- 119 Correction of errors
- 119A Application to NTCAT for alteration to disputed information
- 119B Claims of privilege under this Part
- 120 Qualified privilege
- 121 Offences
- 122 Powers of Local Court
PART 9--TRADING STAMPS
- 123 Interpretation
- 124 Power of Minister to prohibit third-party trading schemes
- 124A Offences
- 124B Regulations for the purposes of this Part
PART 10--MOTOR VEHICLE DEALERS
Division 1--Preliminary matters
- 125 Definitions for Part 10
- 126 Other rules for interpreting Part 10
- 127 Application of Part 10 to partnerships
Division 2--Offences of unlicensed dealing, dealing from unlicensed premises and breach of licence
- 128 Unlicensed dealing
- 129 Dealing from unlicensed premises
- 130 Breach of terms or conditions of licence
- 131 Forfeiture of vehicles and proceeds for unlicensed dealing
Division 3--Licences
Subdivision A--Grant of licence
- 132 Application for licence
- 133 Director may require additional information
- 134 Objections to application
- 135 Inquiry by Director
- 136 Grounds for refusal of licence to individual
- 137 Grounds for refusal of licence to body corporate
- 138 Grant of licence
- 139 Notification of Director's decision
Subdivision B--Duration and operation of licence, annual fee and return
- 140 Duration of licence
- 141 Annual fee and return
- 142 Licence not transferable
- 143 Surrender of licence
- 144 Death of licensed dealer
Subdivision C--Revocation, suspension and variation of licence
- 145 Powers of Director
- 146 Grounds for exercise of powers
- 147 Changes in management of body corporate
- 148 Director's discretion
- 149 Inquiry before exercise of power
- 150 Result of inquiry
Subdivision D--General
- 152 Application for variation of licence
- 153 Licence to be displayed
- 154 Issue of duplicate licence
- 154A Licence not transferable
Division 4--Register of Motor Vehicle Dealers
- 155 Register of Motor Vehicle Dealers
- 156 Register to be open to public
Division 5--Dealings in motor vehicles
Subdivision A--Dealings registers
- 157 Duty of dealer to maintain dealings register
- 158 Details to be entered in dealings register
- 159 Seller to supply information to dealer
Subdivision B--General provisions with respect to dealings
- 160 Contract for sale of second-hand vehicle to be in approved form
- 161 Replacement and alteration of odometers
- 162 Sale price partly recoverable in case of certain offences
- 163 Prohibition of sale of vehicles without vehicle identification number
- 164 Prohibition on sale of vehicles registered interstate
- 165 Roadworthiness on sale of vehicle
- 166 Dealings with infants
- 167 Documents to be complete before signing
Subdivision C--Warranties
- 168 Obligation of dealer to repair certain defects
- 169 Exclusions from duty to repair
- 170 Carrying out of duty to repair
- 171 Other provisions ancillary to section 168
Subdivision D--Sales on consignment
- 172 Authority required by dealer for sale of motor vehicle on consignment
- 173 Period for accounting to consignor
Division 6--Miscellaneous matters
- 174 Notice to be displayed by licensed dealer
- 175 Advertisements by dealers
- 176 Dealer's managers to be approved by Director
- 177 Disqualifications resulting from revocation, cancellation or suspension of licence
- 178 Director to be notified of dissolution of partnership
- 179 Dealer not entitled to indemnity by antecedent owner
- 180 Director's certificate as evidence
- 181 Contracts not to exclude Part 10
- 182 Powers of Director to grant temporary exemptions
- 183 Regulatory offences
Division 7--Vehicle rental businesses
- 184 Certain provisions of Part 10 to apply to vehicle rental businesses
PART 11--FUEL RETAILERS
PART 13--CODES OF PRACTICE
- 238 Preparation of draft codes of practice
- 239 Regulations may prescribe code approved by Minister
- 240 Undertakings by persons contravening code
- 241 Registers of undertakings
- 242 Orders by Local Court where undertaking refused or breached
- 243 Variation and discharge of orders
PART 14--PAWN-BROKERS AND SECOND-HAND DEALERS
Division 1--Preliminary matters
- 244 Interpretation
- 245 Application
- 246 Deeming of loan and interest under buy back contracts
Division 2--Licensing of pawnbrokers and second-hand dealers
Subdivision 1--Requirement for licences
- 247 Pawnbrokers to be licensed
- 248 Second-hand dealers to be licensed
- 249 Offence of holding out
- 250 Licence may be granted to person or partnership
Subdivision 2--Licensing
- 251 Application for licence
- 252 Director to advise Police Commissioner etc.
- 254 Documentation in support of application for licence
- 255 Application for renewal of licence
- 256 Documentation in support of application for renewal of licence
- 257 Offences in relation to licence applications
- 258 Objections to grant or renewal of licences
- 259 Grant of licences
- 260 Renewal of licences
- 261 Grant and renewal of licences held by partnerships and bodies corporate
- 262 Refusal to grant or renew licences
- 263 Form of licences
- 264 Conditions and restrictions
- 265 Licence not transferable
- 266 Duration of licences
- 267 Suspension, revocation of licences and disqualification
- 268 Director to keep register of licences
- 272 Court may suspend, revoke licence or disqualify person upon conviction
- 273 Returns by Court
- 274 Sign to be displayed
- 275 Certain employee records to be kept and provided to police
Division 3--Contracts with pawnbrokers and second-hand dealers
Subdivision 1--Duties of pawnbrokers and second-hand dealers
- 276 Persons under 18 or affected by alcohol or drugs
- 277 Identification of persons
- 278 Offences in relation to false information
- 279 Records to be made by pawnbrokers
- 280 Pawn tickets
- 281 Records to be made by second-hand dealers
- 282 Records to be provided by second-hand dealers
- 283 Keeping of records
- 284 Tampering with records
- 285 Goods to carry contract number
- 286 Pawn tickets lost or stolen
Subdivision 2--Redemption and sale of goods
- 287 Interpretation
- 288 When goods may be redeemed
- 289 Where pawned goods to be kept
- 290 When goods to be redeemed
- 291 When goods not to be redeemed
- 292 Redemption only to holder of pawn ticket
- 293 Sale of unredeemed goods
- 294 Unredeemed goods not to be bought by or on behalf of pawnbroker
- 295 Application of proceeds of sale
- 296 Records to be made on sale of unredeemed goods
- 297 Notice as to surplus
- 298 Payment of surplus on demand
Subdivision 3--Retention of second-hand goods
- 299 Second-hand goods to be kept unchanged at least 14 days
- 300 Where second-hand goods to be kept
Subdivision 4--Other matters relating to contracts with pawnbrokers and second-hand dealers
- 301 Pawnbroker not to charge establishment fee
- 302 Re-pledging of goods prohibited
- 303 No contracting out of liability for loss or damage
- 304 Buyer may be compensated
- 305 Certain rights and remedies saved
- 306 Civil consequences of breach of breach of section 247
- 307 Civil consequences of breach of section 280
- 308 Criminal liability
- 309 Breach does not otherwise vitiate contract
- 310 Relief from sections 306 and 307
Division 4--Enforcement
- 311 Entry to and inspection of licensed premises without warrant
- 312 Assistance in the location of goods at licensed premises
- 313 Provision of, and assistance in relation to, records etc.
- 314 Police may seize records for certain purposes
- 315 Police to be informed in certain circumstances
- 316 Information about goods to be given
- 317 Notice to stop dealing
- 318 Certificate may be issued entitling person to return of goods
- 319 Seizure of goods suspected stolen
- 320 Power of pawnbrokers, dealers and others to arrest
- 321 Summary orders if stolen goods pawned, sold or exchanged
- 322 Summary order where second-hand dealer or pawnbroker claims goods
- 323 Summary orders where competing claims to goods
- 324 Licensee's liability for employees, agents
- 325 Liability of partners, bodies corporate and officers
Division 5--Miscellaneous matters
- 326 Duty to advise pawn ticket holders where pawn-broking business sold
- 327 Orders to enable redemption of goods where licence revoked etc.
- 328 Secrecy
- 329 Evidentiary provisions
PART 15--MISCELLANEOUS MATTERS
- 329A Review by NTCAT
- 330A Prosecutions
- 330 Criminal liability of executive officer of body corporate
- 331 Liability for act or default of officer, employee or agent
- 332 Infringement notices
- 333 Allegation that person was a consumer
- 334 Service of documents
- 335 Secrecy
- 336 Protection from liability
- 337 Power to grant exemptions
- 338 Regulations
PART 16--REPEALS AND TRANSITIONAL MATTERS
- 339 Repeals
- 340 Savings and transitional provisions
