FAIR TRADING ACT 1989 - SECT 51 Proceedings referred to particular court
FAIR TRADING ACT 1989 - SECT 51
Proceedings referred to particular court51 Proceedings referred to particular court
A proceeding for the purposes of a provision of the Australian Consumer Law (Queensland) listed in the table to this section must be heard in the court as provided for in the table to this section.
Table
| Provision of Australian Consumer Law (Queensland) | Name of provision | Nature of proceeding | Court having jurisdiction | |
| section 218 (3) | Regulator may accept undertakings | Application for order under section 218 (4) of ACL(Q) for breach of undertaking | District Court | |
| chapter 5 , part 5-2 , division 1 | Pecuniary penalties | Proceeding for the recovery of a pecuniary penalty | If the maximum amount of the pecuniary penalty payable under section 224 of ACL(Q) in relation to the contravention is equal to or less than the civil jurisdictional monetary limit applying under the Magistrates Courts Act 1921 , a Magistrates Court has jurisdiction. Otherwise, the District Court has jurisdiction, regardless of the maximum amount of the pecuniary penalty payable. | |
| section 232 (2) | Injunctions | Application by regulator or other person for grant of injunction | If the injunction is sought in conjunction with, and in the course of, another proceeding under this Act, whether for an offence or otherwise, before the District Court, the District Court has jurisdiction. Otherwise, the Supreme Court has jurisdiction. | |
| section 237 (1) | Compensation orders etc. on application by an injured person or the regulator | Application by injured person, or by regulator for injured person, for order for compensation or for prevention or reduction of loss or damage | If the order is sought in conjunction with, and in the course of, another proceeding under this Act, whether for an offence or otherwise, the court hearing the other proceeding has jurisdiction for the proceeding for the order. Otherwise, the District Court has jurisdiction, regardless of any civil jurisdictional limit, including any monetary limit, applying to the District Court. | |
| section 239 (1) | Orders to redress etc. loss or damage suffered by non-party consumers | Application by regulator for order redressing loss or damage or for preventing or reducing loss or damage | If the order is sought in conjunction with, and in the course of, another proceeding under this Act, whether for an offence or otherwise, the court hearing the other proceeding has jurisdiction for the proceeding for the order. Otherwise, the District Court has jurisdiction, regardless of any civil jurisdictional limit, including any monetary limit, applying to the District Court. | |
| section 246 (1) | Non-punitive orders | Application by regulator for order under section 246 (2) of ACL(Q) | If the order is sought in conjunction with, and in the course of, another proceeding under this Act, whether for an offence or otherwise, the court hearing the other proceeding has jurisdiction for the proceeding for the order. Otherwise, a Magistrates Court has jurisdiction, regardless of any civil jurisdictional limit, including any monetary limit, applying to a Magistrates Court. | |
| section 247 (1) | Adverse publicity orders | Application by regulator for adverse publicity order | If the order is sought in conjunction with, and in the course of, another proceeding under this Act, whether for an offence or otherwise, the court hearing the other proceeding has jurisdiction for the proceeding for the order. Otherwise, a Magistrates Court has jurisdiction, regardless of any civil jurisdictional limit, including any monetary limit, applying to a Magistrates Court. | |
| section 248 (1) | Order disqualifying a person from managing corporations | Application by regulator for order disqualifying a person from managing corporations for a period | If the order is sought in conjunction with, and in the course of, another proceeding under this Act, whether for an offence or otherwise, before the District Court, the District Court has jurisdiction. Otherwise, the Supreme Court has jurisdiction. | |
| section 250 (1) | Declarations relating to consumer contracts | Application by party to consumer contract or by regulator for declaration that a term of a contract is an unfair term | District Court |