CONSUMER AFFAIRS AND FAIR TRADING ACT 1990
CONSUMER AFFAIRS AND FAIR TRADING ACT 1990
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY MATTERS
1. Short title
2. Commencement
3. Extent to which Crown bound
4. Interpretation
5. Meaning of consumer
5A. Interpretation provisions do not apply to Australian Consumer Law (NT)
5B. Reference to this Act includes Australian Consumer Law (NT)
PART 2--CONSUMER AFFAIRS COMMISSIONER
Division 1--Commissioner of Consumer Affairs and Director
6. Appointment of Commissioner
7. Functions of Commissioner
8. Power of Commissioner to obtain information
9. Other powers of Commissioner
9A. Deputy Commissioner
10. Advisory committees
11. Delegation
12. Annual report
Division 2--Director
13. Director
14. Power of Director to obtain information
15. Self-incrimination
16. Offence to fail to provide information
17. Offence to give misleading information or document
17A. Other powers of Director
17B. Delegation
PART 3--AUTHORISED OFFICERS
18. Authorised officers
19. Issue of identity card
19A. Return of identity card
19B. Production of identity card
20. Powers of entry of authorised officers
21. Powers exercisable after entry
22. Power to obtain information, documents and evidence
23. Offences
24. Self-incrimination
PART 4--AUSTRALIAN CONSUMER LAW
Division 1--Interpretation
25. Interpretation
Division 2--Application of Australian Consumer Law
26. Australian Consumer Law text
27. Application of Australian Consumer Law
28. Future modifications of Australian Consumer Law text
29. Meaning of regulator in Australian Consumer Law for purposes of this jurisdiction
30. Interpretation of Australian Consumer Law
31. Application of Australian Consumer Law
Division 3--References to Australian Consumer Law
32. References to Australian Consumer Law
33. References to Australian Consumer Law of other jurisdictions
Division 4--Application of Australian Consumer Law to Crown
34. Division does not apply to Commonwealth
35. Application law of this jurisdiction
36. Application law of other jurisdictions
37. Activities that are not business
38. Crown not liable to pecuniary penalty or prosecution
Division 5--Miscellaneous matters
39. Conferral of functions and powers on certain bodies
40. No doubling-up of liabilities
PART 5--PROVISIONS SUPPORTING APPLICATION OF AUSTRALIAN CONSUMER LAW IN TERRITORY
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
185. Definitions
186. Application of Criminal Code
187. Scheme for publication of service station fuel prices
188. Offences in relation to scheme
189. Requirements for price boards
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
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
ENDNOTES
