CONSUMER AFFAIRS AND FAIR TRADING ACT

Northern Territory Consolidated Acts

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CONSUMER AFFAIRS AND FAIR TRADING ACT

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

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

PART 3--AUTHORISED OFFICERS

18. Authorised officers
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--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
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
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 and breach of licence

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 and appeal

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 licenced dealer

Subdivision C--Revocation, suspension and variation of licence

145. Powers of Commissioner
146. Grounds for exercise of powers
147. Changes in management 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. Issue of duplicate licence
154A. Licence not transferable

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. Issue of duplicate licence
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 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 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

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 licenced
248. Second-hand dealers to be licenced
249. Offence of holding out
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 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 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 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. 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
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
338A. Authorisation for purposes of Competition and Consumer Act 2010 (Cth)

PART 16--REPEALS AND TRANSITIONAL MATTERS

339. Repeals
340. Savings and transitional provisions
SCHEDULE 2
SCHEDULE 3
ENDNOTES

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