Northern Territory Consolidated Acts

CONSUMER AFFAIRS AND FAIR TRADING ACT

TABLE OF PROVISIONS

           Long Title

           Part 1 Preliminary
   1.      Short title
   2.      Commencement
   3.      Extent to which Crown bound
   4.      Interpretation
   5.      Meaning of
           Part 2 Consumer Affairs Commissioner and Council
           Division 1 Commissioner of Consumer Affairs
   6.      Appointment of Commissioner
   7.      Functions of Commissioner
   8.      Power of Commissioner to obtain information
   8A.     Public warning statements
   9.      Other powers of Commissioner
   9A.     Deputy Commissioner
   10.     Advisory committees
   11.     Delegation
   12.     Annual report
           Division 2 Consumer Affairs Council
   13.     Establishment of Council
   14.     Membership of Council
   15.     Chairman and Deputy Chairman
   16.     Functions and powers of Council
   17.     Meetings and proceedings of Council and its committees
           Part 3 Authorised officers
   18.     Authorised officers for purposes of Parts IV to XII
   19.     Requirements as to identity cards and their production
   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 Product safety and product information
           Division 1 Safety standards
   25.     Product safety standards may be prescribed
   26.     Prohibition on supply of goods not complying with safety standards
   27.     Recovery of money paid for goods not complying with safety standards
           Division 2 Prohibition of, or restriction on, supply of dangerous goods
   28.     Investigation of goods by Commissioner
   29.     Power of Commissioner to establish investigation committee
   30.     Power of Minister to prohibit or restrict supply of goods
   31.     Compliance with prohibition or restriction notice
   32.     Recovery of money paid for supply of dangerous goods
           Division 3 Product recall, &c.
   33.     Power of Minister to require product recall, &c.
   34.     Ancillary provisions with respect to notices under section 33
   35.     Compliance with notice under section 33
   36.     Special provisions as to notification of recall (including voluntary recall)
   37.     Certain amounts recoverable as debt or damages
           Division 4 Product information
   38.     Product information standards may be prescribed
   39.     Compliance with product information standard
           Division 5 Miscellaneous
   40.     Certain action not to affect insurance contracts
           Part 5 Fair trading, conditions and warranties implied in contracts for goods or services, recourse to manufacturers, &c.
           Division 1 Prohibition of unfair trade practices
   41.     Interpretation of Division 1
   42.     Misleading or deceptive conduct generally
   43.     Unconscionable conduct in relation to supply of certain goods or services
   44.     False or misleading representations in relation to goods or services
   45.     False or misleading representations, and other offensive conduct, in relation to land
   46.     Misleading conduct in relation to employment
   47.     Certain misleading conduct in relation to goods
   48.     Certain misleading conduct in relation to services
   49.     Misleading representations about certain business activities
   50.     Cash price to be stated in certain circumstances
   51.     Offering gifts and prizes
   52.     Bait advertising
   53.     Referral selling
   54.     Accepting payment without intending or being able to supply as ordered
   55.     Harassment and coercion
   57.     Unsolicited credit and debit cards
   58.     Assertion of right to payment for unsolicited goods or services or for making entry in directory
   59.     Liability of recipient of unsolicited goods
   60.     Application of Division 1 to prescribed information providers
           Division 1A Pyramid selling
   60A.    Definitions for Division 1A
   60B.    Pyramid selling scheme
   60C.    Marketing schemes
   60D.    Participation in pyramid selling scheme
           Division 2 Implied conditions and warranties in contract for goods or services
   61.     Interpretation of Division 2
   62.     Implied undertakings as to title, encumbrances and quiet possession
   63.     Supply by description
   64.     Implied undertakings as to quality or fitness
   65.     Supply by sample
   66.     Warranties in relation to the supply of services
   67.     Rescission of contract for breach of implied condition
   68.     Application of provisions not to be excluded or modified
   68A.    Limitation of liability in relation to supply of recreational services
   69.     Limitation of liability for breach of certain conditions or warranties
   70.     Conflict of laws
   71.     Convention on contracts for the international sale of goods
           Division 3 Actions against manufacturers and importers of goods
   72.     Interpretation of Division 3
   73.     Actions in respect of unsuitable goods
   74.     Actions in respect of false descriptions
   75.     Actions in respect of goods of unmerchantable quality
   76.     Actions in respect of non-correspondence with samples, &c.
   77.     Actions in respect of failure to provide facilities for repairs or parts
   78.     Actions in respect of non-compliance with express warranty
   79.     Right of seller to recover against manufacturer or importer
   80.     Time for commencing actions
   81.     Application of Division not to be excluded or modified
   82.     Limitation in certain circumstances of liability of manufacturer to seller
           Division 4 Transactions involving credit providers
   83.     Joint liability of supplier and credit provider for breach of certain contracts
   84.     Meaning of continuing credit contract for purposes of section 83
   85.     Meaning of loan contract for purposes of section 83
   86.     Section 83 not to be excluded or modified
           Part 6 Enforcement, &c., of Part 4 and Part 5, Divisions 1 and 1A
   87.     Interpretation of Part 6
   88.     Offences
   89.     Injunctions
   90.     Order to disclose information or publish advertisement
   91.     Actions for damages
   92.     Finding in proceedings to be evidence
   93.     Conduct by directors, servants or agents
   94.     Defences
   95.     Other orders
   96.     Power of Court to prohibit payment or transfer of money or other property
           Part 7 Door-to-door trading
           Division 1 Preliminary
   97.     Interpretation of Part 7
   98.     Contracts to which Part 7 applies
           Division 2 Special provisions with respect to contracts
   99.     Prohibition of certain terms in contracts to which Part 7 applies
   100.    Certain Part 7 contracts to be prescribed contracts
   101.    Requirements in relation to prescribed contracts
   102.    No consideration, &c., during cooling-off period in prescribed contract
           Division 3 Regulation of door-to-door trading practices
   103.    Dealers not to call during certain hours
   104.    Dealers to indicate their purpose for making calls
   105.    Dealers to leave premises when requested
   106.    Harassment and coercion
           Division 4 Rescission of contracts
   107.    Right of consumer to rescind in certain circumstances
   108.    Exercise of right or rescission
   109.    Restitution following rescission
   110.    Rescission avoids related contracts and instruments
   111.    Consumers not competent to waive rights
   112.    Prohibition of certain actions
           Division 5 Miscellaneous
   113.    Evidentiary matters concerning Part 7
           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
   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
   125.    Definitions for purposes of Part 10
   126.    Other rules for interpreting Part 10
   127.    Application of Part 10 to partnerships
           Division 2 Offences of unlicenced dealing, dealing from unlicenced premises, &c.
   128.    Unlicenced dealing
   129.    Dealing from unlicensed premises
   130.    Breach of terms or conditions of licence
   131.    Forfeiture of vehicles and proceeds for unlicenced dealing
           Division 3 Licences
           Subdivision A Grant of licence
   132.    Application for licence
   133.    Commissioner may require additional information
   134.    Objections to application
   135.    Inquiry by Commissioner
   136.    Grounds for refusal of licence to individual
   137.    Grounds for refusal of licence to body corporate
   138.    Grant of licence
   139.    Notification of Commissioner's decision, appeals, &c.
           Subdivision B Duration of licence, annual fee and return, &c.
   140.    Duration of licence
   141.    Annual fee and return
   142.    Licence not transferable
   143.    Surrender of licence
   144.    Death of licenced dealer
           Subdivision C Revocation and suspension &c., of licence
   145.    Powers of Commissioner
   146.    Grounds for exercise of powers
   147.    Changes in directors, &c., of body corporate
   148.    Commissioner's discretion
   149.    Inquiry before exercise of power
   150.    Result of inquiry
   151.    Appeals
           Subdivision D General
   152.    Application for variation of licence
   153.    Licence to be displayed
   154.    Lost, &c., licences
           Division 4 Register of Motor Vehicle Dealers
   155.    Commissioner to keep 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 prescribed 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
   174.    Notice to be displayed by licenced dealer
   175.    Advertisements by dealers
   176.    Dealer's managers to be approved by Commissioner
   177.    Disqualifications resulting from revocation, cancellation or suspension of licence
   178.    Commissioner to be notified of dissolution of partnership
   179.    Dealer not entitled to indemnity by antecedent owner
   180.    Commissioner's certificate as evidence
   181.    Contracts not to exclude Part 10
   182.    Powers of Commissioner 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 Travel agents
           Division 1 Preliminary
   185.    Definitions for purposes of Part 11
   186.    Meaning of carrying on business as travel agent
           Division 2 Restriction on carrying on business as travel agent
   188.    Travel agents to be licenced
   188A.   Dealings with unlicenced travel agents
   189.    Injunction on application by Commissioner
           Division 3 Licences
   190.    Application for licence
   191.    Objections to application
   192.    Inquiry by Commissioner
   193.    Grant or refusal of licence
   194.    Licence to state licencee's name, business name and place of business
   195.    Conditions of, and restrictions on, licence
   196.    Licence not transferable
   197.    Duration of licence
   198.    Annual fee and return
   199.    Register of licences
   200.    Surrender of licence
   201.    Return of licence on suspension or cancellation
   202.    Lost, &c., licences
   203.    Death of licencee
           Division 4 Disciplinary proceedings
   204.    Notice to show cause
   205.    Determination of disciplinary measures by Commissioner
           Division 5 Appeals
   206.    Appeals to Local Court
   207.    Determination of appeal concerning disciplinary action
   208.    Determination of appeal regarding compensation scheme
           Division 6 Conduct of business
   209.    Certain particulars to be displayed
   210.    Advertisements
   211.    Name to appear on documents
   212.    Accounts to be kept
   213.    Supervision of day-to-day conduct of business
   214.    Employment of disqualified person
           Division 7 Unjust conduct by travel agents
   215.    Meaning of unjust conduct
   216.    Undertakings regarding unjust conduct
   217.    Register of undertakings
   218.    Restraining, &c., orders
   219.    Variation and discharge of orders
           Division 8 The compensation scheme
   220.    Approval of the trust deed
   221.    Obligation of licencee to participate in compensation scheme
   222.    Compensation scheme trustees to have certain rights by subrogation and otherwise
   223.    Name in which trustees may sue and be sued
           Division 9 Miscellaneous
   224.    Commissioner's certificate as evidence
   225.    Regulations for purposes of Part 11
           Part 12 Credit providers
           Division 1 Preliminary
   226.    Definitions for purposes of Part 12 (former S 225A)
           Division 2 Control of credit providers
   227.    Assurances (former s 225B)
   228.    Basis of disciplinary action (former S 225C)
   229.    Complaints (former S 225D)
   230.    Hearing by Court (former S 225E)
   231.    Disciplinary action (former S 225F)
   232.    Contravention of prohibition order (former s 225G)
   233.    Register of disciplinary action (former S 225H)
   234.    Commissioner and proceedings before Court (former S 225J)
   235.    Investigations (former S 225K)
           Division 3 Consumer Credit Fund
   236.    Consumer Credit Fund (former S 225L)
           Part 13 Codes of practice
   238.    Preparation of draft codes of practice (former S 226)
   239.    Regulations may prescribe code approved by Minister (former S 227)
   240.    Undertakings by persons contravening code (former s 228)
   241.    Registers of undertakings (former S 229)
   242.    Orders by Local Court where undertaking refused or breached (former s 230)
   243.    Variation and discharge of orders (former S 231)
           Part 14 Pawn-brokers and second-hand dealers
           Division 1 Preliminary
   244.    Interpretation
   245.    Application
   246.    Deeming of loan and interest under
           Division 2 Licensing of pawnbrokers and second-hand dealers
           Subdivision 1 Requirement for licences
   247.    Pawnbrokers to be licenced
   248.    Second-hand dealers to be licenced
   249.    Offence of holding out, &c.
   250.    Licence may be granted to person or partnership
           Subdivision 2 Licensing
   251.    Application for licence
   252.    Commissioner to advise Police Commissioner etc.
   253.    Expedited applications
   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.    Commissioner to keep register of licences
           Subdivision 3 Court's functions in relation to licensing
   269.    Appeal
   270.    Returns by Local Court Registrar
   271.    Effect of charges pending on Court hearings
           Subdivision 4 Powers of Court generally in relation to licences
   272.    Court may suspend, revoke licence or disqualify person upon conviction
   273.    Returns by Court
           Subdivision 5 Other requirements in relation to licences
   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
           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, &c., 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 licenced premises without warrant
   312.    Assistance in the location of goods at licenced 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, &c., to arrest
   321.    Summary orders where goods stolen, pawned, &c.
   322.    Summary order where second-hand dealer or pawnbroker claims goods
   323.    Summary orders where competing claims to goods
   324.    Licencee's liability for employees, agents
   325.    Liability of partners, bodies corporate and officers
           Division 5 Miscellaneous
   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
   330A.   Prosecutions
   330.    Offences by bodies corporate (former S 232)
   331.    Liability for act or default of officer, employee or agent (former S 232A)
   332.    Infringement notices
   333.    Allegation that person was a consumer (former S 233)
   334.    Service of notices, &c. (former S 234)
   335.    Secrecy (former s 235)
   336.    Protection from liability
   337.    Power to grant exemptions (former S 236A)
   338.    Regulations (former s 237)
   338A.   Authorisation for purposes of
           Part 16 Repeals, savings and transitional provisions
   339.    Repeals (former S 238)
   340.    Savings and transitional provisions (former S 239)
           SCHEDULE 1 - Further provisions with respect to the Council and its committees
           SCHEDULE 2 - Repeals
           SCHEDULE 3 - Savings and transitional provisions
           ENDNOTES