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PARLIAMENT OF VICTORIA
Fair Trading and Consumer Acts Amendment Bill
2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--FAIR TRADING ACT 1999 3
3 Address to be included in documents 3
4 Requirements for non-contact sales agreements 3
5 Power to obtain information, documents and evidence 3
6 Emergency entry 3
7 Embargo notice 4
8 New section 126B inserted 4
126B Monitoring compliance with embargo notices 4
9 Court may order destruction of dangerous goods 6
10 Orders to prohibit payment of money or transfer of other
property 7
11 Findings in proceedings to be evidence 7
12 Orders against persons found to have contravened this Act 8
13 Consumer documents to be clear 8
PART 3--CONVEYANCERS ACT 2006 9
14 Definitions 9
15 Eligibility for licence 9
16 Section 12 substituted 10
12 Competency qualifications and work experience 10
17 Failure to comply with section 35 11
18 Section 38 substituted 11
38 Change in details of licence or annual statement 11
19 New section 40A inserted 12
40A Surrender of licence 12
20 Exemption from requirement to appoint manager 12
21 Employment of disqualified persons 12
561021B.I-18/4/2007 i BILL LA INTRODUCTION 18/4/2007
Clause Page
22 Trust money and trust accounts 13
23 New section 73A inserted 14
73A Trust money subject to specific powers 14
24 Trust money received in the form of cash 14
25 Intermixing money 15
26 Disclosure of information generally 16
27 Register of Licensed Conveyancers 17
28 New section 182A inserted 18
182A Registrar may waive fees 18
29 Application of Fair Trading Act 1999 18
30 Existing conveyancer may apply to Authority for provisional
licence 19
31 New clause 11A inserted in Schedule 1 19
11A Restrictions on company licence 19
32 Consequential amendments 20
33 New item 6 inserted in Schedule 2 20
6 Transfer of Land Act 1958 20
PART 4--OTHER CONSUMER ACTS 22
34 Consumer Credit (Victoria) Act 1995 22
40A Incorporation of provisions of Fair Trading Act 1999 22
35 Motor Car Traders Act 1986 22
36 Schedule 23
PART 5--REPEAL 24
37 Repeal of Act 24
__________________
SCHEDULE--Amendments to Consumer Acts 25
1 Associations Incorporation Act 1981 25
2 Business Names Act 1962 25
3 Domestic Building Contracts Act 1995 26
4 Estate Agents Act 1980 26
5 Fundraising Appeals Act 1998 26
6 Funerals Act 2006 27
7 Funerals (Pre-Paid Money) Act 1993 27
8 Introduction Agents Act 1997 27
9 Motor Car Traders Act 1986 28
10 Petroleum Products (Terminal Gate Pricing) Act 2000 28
11 Prostitution Control Act 1994 29
12 Residential Tenancies Act 1997 29
13 Sale of Land Act 1962 29
14 Second-Hand Dealers and Pawnbrokers Act 1989 30
561021B.I-18/4/2007 ii BILL LA INTRODUCTION 18/4/2007
Clause Page
15 Travel Agents Act 1986 30
16 Utility Meters (Metrological Controls) Act 2002 31
ENDNOTES 32
561021B.I-18/4/2007 iii BILL LA INTRODUCTION 18/4/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Fair Trading and Consumer Acts
Amendment Bill 2007
A Bill for an Act to amend the Fair Trading Act 1999, the
Conveyancers Act 2006, the Motor Car Traders Act 1986, the
Consumer Credit (Victoria) Act 1995 and several other Consumer
Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is to amend the Fair
Trading Act 1999, the Conveyancers Act 2006,
5 the Motor Car Traders Act 1986, the Consumer
Credit (Victoria) Act 1995 and several other
Consumer Acts to improve the operation of those
Acts.
561021B.I-18/4/2007 1 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 1--Preliminary
s. 2
2 Commencement
(1) This Act (except Part 3) comes into operation on
the day after the day on which it receives the
Royal Assent.
5 (2) Subject to subsection (3), Part 3 comes into
operation on a day or days to be proclaimed.
(3) If a provision of Part 3 does not come into
operation before 1 July 2008, it comes into
operation on that day.
__________________
561021B.I-18/4/2007 2 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 2--Fair Trading Act 1999
s. 3
PART 2--FAIR TRADING ACT 1999
3 Address to be included in documents
In section 29(3) of the Fair Trading Act 1999, See:
Act No.
after "other than" insert "a person who publishes 16/1999.
5 a document, statement or advertisement on the Reprint No. 3
as at
person's own behalf or". 23 February
2007.
4 Requirements for non-contact sales agreements
After section 69(1) of the Fair Trading Act 1999
insert--
10 "(1A) Subsection (1)(d) does not limit the
operation of section 29.".
5 Power to obtain information, documents and
evidence
(1) In section 106I(1)(c) of the Fair Trading Act
15 1999, after "Director" insert ", or a person
specified in the notice acting on the Director's
behalf,".
(2) In section 106I(2) of the Fair Trading Act 1999,
after "Director" insert "or the person specified in
20 the notice acting on the Director's behalf".
6 Emergency entry
After section 121(3) of the Fair Trading Act
1999 insert--
"(3A) Section 126B extends and applies to a notice
25 given under subsection (3) (with any
necessary modifications) as if--
(a) a reference to an embargo notice were a
reference to a notice under subsection
(3); and
30 (b) a reference to section 126(2) were a
reference to subsection (6).".
561021B.I-18/4/2007 3 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 2--Fair Trading Act 1999
s. 7
7 Embargo notice
In section 126(2) of the Fair Trading Act 1999,
for "penalty of" substitute "penalty not
exceeding".
5 8 New section 126B inserted
After section 126A of the Fair Trading Act 1999
insert--
"126B Monitoring compliance with embargo
notices
10 (1) For the purpose of monitoring compliance
with section 126(2), an inspector, with the
written approval of the Director, may apply
to the Magistrates' Court for--
(a) an order requiring the owner of the
15 thing to which an embargo notice under
section 126 relates, or the occupier of
the premises where the thing is kept or
required under the notice to be kept, to
answer questions or produce documents
20 at a time and place specified by the
inspector; and
(b) any other order incidental to or
necessary for monitoring compliance
with section 126(2).
25 (2) The Magistrates' Court may make the order
sought under subsection (1).
(3) If a thing is subject to an embargo notice
under section 126, for the purpose of
monitoring compliance with any one or more
30 of the following--
(a) section 126(2);
(b) a prescribed safety standard;
(c) an interim ban order;
561021B.I-18/4/2007 4 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 2--Fair Trading Act 1999
s. 8
(d) a permanent ban order;
(e) a fixed term ban order--
in relation to the thing, an inspector, with the
written approval of the Director, may apply
5 to a magistrate for the issue of a search
warrant permitting entry to the premises
where the thing is kept or required to be
kept.
(4) If the magistrate is satisfied by evidence, on
10 oath or by affidavit, of the inspector that it is
necessary to do so for the effective
monitoring of compliance with any one or
more of the following--
(a) section 126(2);
15 (b) a prescribed safety standard;
(c) an interim ban order;
(d) a permanent ban order;
(e) a fixed term ban order--
the magistrate may issue a search warrant, in
20 accordance with the Magistrates' Court Act
1989.
(5) The warrant may authorise the inspector,
together with any other person or persons
named or otherwise identified in the warrant
25 and with any necessary equipment, to enter
the premises specified in the warrant, if
necessary by force, and--
(a) to search for, seize and secure against
interference the thing named in the
30 warrant; or
(b) to test the thing named in the warrant to
determine whether it complies with a
prescribed safety standard; or
561021B.I-18/4/2007 5 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 2--Fair Trading Act 1999
s. 9
(c) to test the thing named in the warrant to
determine whether any of the following
is being complied with--
(i) an interim ban order;
5 (ii) a permanent ban order;
(iii) a fixed term ban order; or
(d) to do any combination of the activities
referred to in paragraphs (a), (b)
and (c).
10 (6) Sections 123 and 124 extend and apply to a
search warrant issued under subsection (4).".
9 Court may order destruction of dangerous goods
(1) In section 129A(1) of the Fair Trading Act 1999,
after "kind" insert "to which a prescribed safety
15 standard applies or".
(2) For section 129A(2) of the Fair Trading Act
1999 substitute--
"(2) On an application under subsection (1), the
court may--
20 (a) make an order permitting the
destruction of the goods, if it is satisfied
that it is appropriate to do so; and
(b) make any other order that it considers
to be appropriate, including--
25 (i) an order relating to the payment
by the owner of the goods of the
costs of, and any costs incidental
to, the destruction of the goods; or
(ii) an order under subsection (2A).
561021B.I-18/4/2007 6 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 2--Fair Trading Act 1999
s. 10
(2A) If the court is satisfied that the owner of the
goods cannot be found after all reasonable
attempts have been made, it may make an
order relating to the payment by the supplier
5 of the goods of the costs of, and any costs
incidental to, the destruction of the goods.".
(3) In section 129A(3) of the Fair Trading Act 1999,
after "in the application" insert "or to the person
from whom the goods described in the application
10 were seized".
10 Orders to prohibit payment of money or transfer of
other property
After section 154(1)(b) of the Fair Trading Act
1999 insert--
15 "(ba) an order prohibiting, either absolutely or
subject to conditions, an ADI at which the
relevant person holds an account from
transferring, or allowing any person to
withdraw, money standing to the credit of
20 the account;".
11 Findings in proceedings to be evidence
In section 157 of the Fair Trading Act 1999--
(a) after "proceeding" insert "against a person";
(b) for "149, 150" substitute "149, 149A, 150,
25 151A, 151B, 151C";
(c) for "of a provision" substitute "of, a
provision".
561021B.I-18/4/2007 7 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 2--Fair Trading Act 1999
s. 12
12 Orders against persons found to have contravened
this Act
In section 158(2) of the Fair Trading Act 1999--
(a) in paragraph (g), for "person." substitute
5 "person; or";
(b) after paragraph (g) insert--
"(h) an order declaring that the defendant
has contravened a provision of this Act
or the regulations.".
10 13 Consumer documents to be clear
In section 163 of the Fair Trading Act 1999--
(a) in subsection (2), for "applies;" substitute
"applies.";
(b) in subsection (4)--
15 (i) for "If the Tribunal" substitute "If a
court or the Tribunal"; and
(ii) for "section, the Tribunal" substitute
"section, the court or the Tribunal".
__________________
561021B.I-18/4/2007 8 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 3--Conveyancers Act 2006
s. 14
PART 3--CONVEYANCERS ACT 2006
14 Definitions
In section 3 of the Conveyancers Act 2006-- See:
Act No.
75/2006.
(a) insert the following definition-- Statute Book:
www.
5 "affairs of a licensee include the following-- legislation.
vic.gov.au
(a) all accounts and records required
under this Act or the regulations to
be maintained by the licensee or
an associate or former associate of
10 the licensee;
(b) other records of the licensee or an
associate or former associate of
the licensee;
(c) any transaction--
15 (i) to which the licensee or an
associate or former associate
of the licensee was or is a
party;
(ii) in which the licensee or an
20 associate or former associate
of the licensee has acted for
a party;"
(b) the definition of registered education and
training organisation is repealed.
25 15 Eligibility for licence
For section 11(1)(d) of the Conveyancers Act
2006 substitute--
"(d) either--
(i) is covered by the professional
30 indemnity insurance required under
section 41; or
561021B.I-18/4/2007 9 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 3--Conveyancers Act 2006
s. 16
(ii) if the person is, or is to be, employed
by a licensee, holds evidence of
employment with, or an offer of
employment from, the licensee and
5 evidence that the person will be
covered by the professional indemnity
insurance required of the licensee under
section 41; and".
16 Section 12 substituted
10 For section 12 of the Conveyancers Act 2006
substitute--
"12 Competency qualifications and work
experience
(1) An applicant for a licence has the
15 competency qualifications and work
experience required of a licensee under
section 11(1)(b) if the applicant has the
qualifications and experience prescribed by
the regulations.
20 (2) Without limiting the power to prescribe
qualifications and experience, regulations
under subsection (1) may--
(a) require the completion of a course of
study;
25 (b) require the completion of a period of
training;
(c) require the attainment of a standard of
competency;
(d) require satisfaction of professional
30 development requirements;
(e) prescribe qualifications for specified
competencies, so as to enable a person
who has those qualifications to be
granted a licence subject to conditions
35 that limit the person to exercising the
561021B.I-18/4/2007 10 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 3--Conveyancers Act 2006
s. 17
functions of a licensee in relation to
those specified competencies only;
(f) prescribe qualifications by reference to
qualifications obtained before a specific
5 day or during a specified period.".
17 Failure to comply with section 35
(1) In section 37(3) of the Conveyancers Act 2006
for "licensee's licence is suspended" substitute
"Authority must suspend the licensee's licence".
10 (2) After section 37(3) of the Conveyancers Act
2006 insert--
"(4) A licensee's licence is cancelled on the next
anniversary of the day on which the licence
was granted if--
15 (a) the licence has been suspended under
subsection (3); and
(b) section 35 has not been complied with
and the late payment or lodgement fee
has not been paid.".
20 18 Section 38 substituted
For section 38 of the Conveyancers Act 2006
substitute--
"38 Change in details of licence or annual
statement
25 If, while a licence is in force, a material
change occurs in any of the details provided
in the application for the licence or an annual
statement, the licensee must give the
Authority written notice of the change within
30 14 days after the licensee becomes aware of
the change.
Penalty: 60 penalty units.".
561021B.I-18/4/2007 11 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 3--Conveyancers Act 2006
s. 19
19 New section 40A inserted
After section 40 of the Conveyancers Act 2006
insert--
"40A Surrender of licence
5 (1) Subject to subsection (2), a licensee may at
any time by notice in writing to the
Authority surrender the licence.
(2) If an application has been made to VCAT to
conduct an inquiry under section 33 in
10 relation to a licensee, the licensee may not,
without leave of VCAT, surrender the
licence unless VCAT has determined to take
action under section 34 or has determined
not to take any action.
15 (3) The person who held a licence that has been
surrendered must return the licence to the
Authority within 14 days of surrendering it.
Penalty: 10 penalty units.".
20 Exemption from requirement to appoint manager
20 After section 52(2) of the Conveyancers Act
2006 insert--
"(3) An application under subsection (1) must be
accompanied by the prescribed fee (if any).".
21 Employment of disqualified persons
25 In section 56(1) of the Conveyancers Act 2006,
after "person" insert "to undertake conveyancing
work".
561021B.I-18/4/2007 12 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 3--Conveyancers Act 2006
s. 22
22 Trust money and trust accounts
(1) In section 62(1) of the Conveyancers Act 2006--
(a) the definition of affairs is repealed;
(b) in the definition of controlled money
5 account omit "approved".
(2) In section 70(1) of the Conveyancers Act 2006,
for "ensure that trust money is not withdrawn"
substitute "not withdraw trust money".
(3) After section 70(1) of the Conveyancers Act
10 2006 insert--
"(1A) Without limiting subsection (1), the
following are specifically prohibited--
(a) cash withdrawals;
(b) automatic teller machine withdrawals
15 or transfers;
(c) telephone banking withdrawals or
transfers.".
(4) In section 72(1) of the Conveyancers Act 2006,
for "ensure that controlled money is not
20 withdrawn" substitute "not withdraw controlled
money".
(5) After section 72(1) of the Conveyancers Act
2006 insert--
"(1A) Without limiting subsection (1), the
25 following are specifically prohibited--
(a) cash withdrawals;
(b) automatic teller machine withdrawals
or transfers;
(c) telephone banking withdrawals or
30 transfers.".
561021B.I-18/4/2007 13 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 3--Conveyancers Act 2006
s. 23
23 New section 73A inserted
After section 73 of the Conveyancers Act 2006
insert--
"73A Trust money subject to specific powers
5 Subject to section 74, a licensee must ensure
that trust money that is the subject of a
power given to the licensee or an associate of
the licensee is dealt with by the licensee or
associate only in accordance with the power
10 relating to the money.
Penalty: 120 penalty units.".
24 Trust money received in the form of cash
(1) For section 74(1) of the Conveyancers Act 2006
substitute--
15 "(1) A licensee must deposit general trust money
received in the form of cash in a general trust
account of the licensee concerned.
Penalty: 120 penalty units.".
(2) For section 74(4) of the Conveyancers Act 2006
20 substitute--
"(4) A licensee must deposit transit money
received in the form of cash in a general trust
account of the licensee before the money is
otherwise dealt with in accordance with the
25 instructions relating to the money.
Penalty: 120 penalty units.
561021B.I-18/4/2007 14 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 3--Conveyancers Act 2006
s. 25
(4A) A licensee must deposit trust money that is
received in the form of cash and is the
subject of a power in a general trust account
(or a controlled money account in the case of
5 controlled money) of the licensee before the
money is otherwise dealt with in accordance
with the power.
Penalty: 120 penalty units.".
(3) In section 74(5) of the Conveyancers Act 2006,
10 for "or instruction" substitute ", instruction or
power".
(4) In section 74(6) of the Conveyancers Act 2006,
in the definition of general trust money--
(a) in paragraph (b), for "money." substitute
15 "money; and";
(b) after paragraph (b) insert--
"(c) money that is the subject of a power.".
25 Intermixing money
(1) In section 76 of the Conveyancers Act 2006, for
20 "as authorised by the regulations" substitute
"in accordance with subsection (2)".
(2) At the end of section 76 of the Conveyancers Act
2006 insert--
"(2) A licensee is permitted to mix trust money
25 with other money to the extent only that is
authorised by the Director and in accordance
with any conditions imposed by the Director
in relation to the authorisation.".
561021B.I-18/4/2007 15 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 3--Conveyancers Act 2006
s. 26
26 Disclosure of information generally
(1) After section 88(b) of the Conveyancers Act
2006 insert--
"(ba) to the Director; or".
5 (2) At the end of section 88 of the Conveyancers Act
2006 insert--
"(2) If an approved auditor becomes aware of--
(a) a deficiency in any trust account or
trust ledger account of a licensee; or
10 (b) a failure by a licensee to pay or deliver
any trust money; or
(c) any other failure by a licensee to
comply with this Act or the
regulations--
15 the auditor must report the deficiency or
failure to the Director as soon as practicable
after becoming aware of it.
(3) The regulations may provide for the manner
in which a report under subsection (2) is to
20 be made and the information or material that
is to be included in or to accompany the
report.
(4) If an approved auditor forms the opinion that
the trust records of a licensee are not being
25 kept in a way that enables them to be
conveniently and properly audited, the
auditor must report that opinion to the
Director as soon as practicable after forming
the opinion.".
561021B.I-18/4/2007 16 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 3--Conveyancers Act 2006
s. 27
27 Register of Licensed Conveyancers
(1) After section 178(1) of the Conveyancers Act
2006 insert--
"(1A) The purposes of the Register are--
5 (a) to record information about persons
regulated by this Act;
(b) to record decisions by the Authority
made under this Act;
(c) to make the information collected for
10 the purposes of the Register available to
the public;
(d) to enable the Director and the Authority
to provide information to licensees and
persons affected by this Act.".
15 (2) In section 178(2)(j)(ii) of the Conveyancers Act
2006, for "in charge at" substitute "appointed
under section 51(2) for".
(3) After section 178(3) of the Conveyancers Act
2006 insert--
20 "(3A) The Authority must record in the Register a
determination made under this Act.".
(4) For section 178(4) of the Conveyancers Act 2006
substitute--
"(4) A person may--
25 (a) search and take a copy of an extract
from, or a copy of, the Register; and
(b) on the payment of the relevant
prescribed fee, obtain a certified extract
from, or a certified copy of, the
30 Register.".
561021B.I-18/4/2007 17 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 3--Conveyancers Act 2006
s. 28
(5) After section 178(5) of the Conveyancers Act
2006 insert--
"(6) Subject to section 17A of the Business
Licensing Authority Act 1998, the
5 Authority may keep the Register in any form
that it thinks fit.".
28 New section 182A inserted
After section 182 of the Conveyancers Act 2006
insert--
10 "182A Registrar may waive fees
(1) The Registrar may, in a particular case or
class of case--
(a) waive or reduce fees that would
otherwise be payable under this Act; or
15 (b) refund, in whole or in part, fees paid
under this Act.
(2) A refund under subsection (1)(b) is to be
paid out of the Fund.".
29 Application of Fair Trading Act 1999
20 (1) After section 183(2) of the Conveyancers Act
2006 insert--
"(2A) For the purposes of subsection (2),
section 153 of the Fair Trading Act 1999
applies as if a reference in that section to
25 Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair
Trading Act 1999 were a reference to this
Act.".
(2) In section 183(3)(b) of the Conveyancers Act
2006, for "or 150" substitute "150, 151A
30 or 151B".
561021B.I-18/4/2007 18 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 3--Conveyancers Act 2006
s. 30
30 Existing conveyancer may apply to Authority for
provisional licence
In clause 6(1) of Schedule 1 to the Conveyancers
Act 2006, before "person may" insert "natural".
5 31 New clause 11A inserted in Schedule 1
After clause 11 of Schedule 1 to the
Conveyancers Act 2006 insert--
"11A Restrictions on company licence
(1) The licence of a company that does not have
10 at least one director who is a full licensee but
has at least one director who is a provisional
licensee is subject to the condition that the
conveyancing work carried out by the
licensee is limited to conveyancing work
15 within the meaning of section 7.1.1 of the
Legal Profession Act 2004.
(2) If a licensee that is a company ceases to have
at least one director who is a full licensee but
has at least one director who is a provisional
20 licensee, the company must immediately
notify the Authority of those facts.
Penalty: 1200 penalty units.
(3) The Authority--
(a) must ensure that the licence of a
25 company referred to in subclause (1) is
endorsed with the condition set out in
that subclause;
(b) must remove the endorsement on being
satisfied that the company again has at
30 least one director who is a full licensee;
(c) may require the licensee to give the
licence to the Authority for the purpose
specified in paragraph (a) or (b).
561021B.I-18/4/2007 19 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 3--Conveyancers Act 2006
s. 32
(4) The licensee must comply with a
requirement of the Authority under subclause
(3) within the time specified by the
Authority.
5 Penalty: 10 penalty units.".
32 Consequential amendments
(1) After item 2.3 in Schedule 2 to the Conveyancers
Act 2006 insert--
'2.4 In section 53A(1)(b), after "2004)" insert
10 "or a licensee (within the meaning of the
Conveyancers Act 2006)".'.
(2) After item 5.2 in Schedule 2 to the Conveyancers
Act 2006 insert--
'5.2A In section 15(1)(b), after "practitioner"
15 insert "or conveyancer".'.
(3) After item 5.8 in Schedule 2 to the Conveyancers
Act 2006 insert--
'5.9 In section 34(1), after "practitioner" insert
"or conveyancer".'.
20 33 New item 6 inserted in Schedule 2
After item 5 of Schedule 2 to the Conveyancers
Act 2006 insert--
'6 Transfer of Land Act 1958
6.1 After section 127 insert--
25 "128 Contracts entered into before
amendment of Seventh Schedule
(1) The Seventh Schedule as amended by
the Conveyancers Act 2006 applies to
contracts for the sale of land entered
30 into on or after the commencement of
item 6.6 of Schedule 2 to that Act.
561021B.I-18/4/2007 20 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 3--Conveyancers Act 2006
s. 33
(2) The Seventh Schedule as in force
immediately before the commencement
of item 6.6 of Schedule 2 to the
Conveyancers Act 2006 continues to
5 apply to contracts for the sale of land
entered into before the commencement
of that item.".
6.2 In section 4(1) insert the following
definition--
10 "conveyancer means a licensee under the
Conveyancers Act 2006;"
6.3 In section 52(2), after "practitioner" insert
", conveyancer".
6.4 In section 82(2), after "practitioners" insert
15 ", conveyancers".
6.5 In section 110(3)(a), after "practitioner"
(where twice occurring) insert
", conveyancer".
6.6 In the Seventh Schedule--
20 (a) in clause 1, after "practitioner" (where
twice occurring) insert
"or conveyancer";
(b) in clause 2, after "practitioner" (where
twice occurring) insert
25 "or conveyancer";
(c) in clause 7 after "practitioner" insert
"or conveyancer";
(d) in clause 13, after "practitioner" (where
twice occurring) insert
30 "or conveyancer".'.
__________________
561021B.I-18/4/2007 21 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 4--Other Consumer Acts
s. 34
PART 4--OTHER CONSUMER ACTS
See: 34 Consumer Credit (Victoria) Act 1995
Act No.
41/1995.
Reprint No. 2
After section 40 of the Consumer Credit
as at (Victoria) Act 1995 insert--
24 February
5 2000 "40A Incorporation of provisions of Fair
and
amending Trading Act 1999
Act Nos
11/2001, (1) Sections 146, 147, 148, 149, 149A, 150, 151,
44/2001, 151A, 151B, 151C, 152 and 153 of the Fair
10/2004 and
10/2005. Trading Act 1999 extend and apply (with
10 LawToday: any necessary modifications) to this Act and
www.
legislation. the Consumer Credit (Victoria) Code as if a
vic.gov.au reference in any of those provisions to that
Act were a reference to this Act or the
Consumer Credit (Victoria) Code, as the case
15 may be.
(2) For the purposes of subsection (1),
section 153 of the Fair Trading Act 1999
applies as if a reference in that section to
Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair
20 Trading Act 1999 were a reference to this
Act or the Consumer Credit (Victoria) Code,
as the case may be.".
See: 35 Motor Car Traders Act 1986
Act No.
104/1986.
Reprint No. 6
After section 76(5) of the Motor Car Traders
25 as at Act 1986 insert--
1 December
2006. "(6) In this section loss means actual pecuniary
loss but does not include future loss or
consequential loss.
(7) The Committee may require an applicant to
30 seek to recover a loss by other means of legal
redress before allowing a claim.".
561021B.I-18/4/2007 22 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 4--Other Consumer Acts
s. 36
36 Schedule
On the coming into operation of an item in the
Schedule, the Act specified in the heading to that
item is amended as set out in the item.
__________________
561021B.I-18/4/2007 23 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Part 5--Repeal
s. 37
PART 5--REPEAL
37 Repeal of Act
This Act is repealed on 1 July 2009.
__________________
561021B.I-18/4/2007 24 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Sch.
SCHEDULE
Section 36
AMENDMENTS TO CONSUMER ACTS
1 Associations Incorporation Act 1981
1.1 In section 50C(1), for "sections 151A, 151B,
5 151C, 153 and" substitute "section".
1.2 After section 50C(1) insert--
"(1A) For the purposes of subsection (1),
section 153 of the Fair Trading Act 1999
applies as if a reference in that section to
10 Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair
Trading Act 1999 were a reference to this
Act.".
1.3 In section 50C(2)(b), for "or 150" substitute
", 150, 151A or 151B".
15 2 Business Names Act 1962
2.1 In section 29(1), for "sections 151A, 151B, 151C,
153 and" substitute "section".
2.2 After section 29(1) insert--
"(1A) For the purposes of subsection (1),
20 section 153 of the Fair Trading Act 1999
applies as if a reference in that section to
Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair
Trading Act 1999 were a reference to this
Act.".
25 2.3 In section 29(2)(b), for "or 150" substitute
", 150, 151A or 151B".
561021B.I-18/4/2007 25 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Sch.
3 Domestic Building Contracts Act 1995
3.1 In section 124A(2), for "sections 151A, 151B,
151C, 153 and" substitute "section".
3.2 After section 124A(2) insert--
5 "(2A) For the purposes of subsection (2),
section 153 of the Fair Trading Act 1999
applies as if a reference in that section to
Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair
Trading Act 1999 were a reference to this
10 Act.".
3.3 In section 124A(3)(b), for "or 150" substitute
", 150, 151A or 151B".
4 Estate Agents Act 1980
4.1 In section 93A(1), for "sections 151A, 151B,
15 151C, 153 and" substitute "section".
4.2 After section 93A(1) insert--
"(1A) For the purposes of subsection (1),
section 153 of the Fair Trading Act 1999
applies as if a reference in that section to
20 Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair
Trading Act 1999 were a reference to this
Act.".
4.3 In section 93A(2)(b), for "or 150" substitute
", 150, 151A or 151B".
25 5 Fundraising Appeals Act 1998
5.1 In section 68(1), omit "(except sections 151A,
151B, 151C and 153)".
5.2 After section 68(1) insert--
"(1A) For the purposes of subsection (1),
30 section 153 of the Fair Trading Act 1999
applies as if a reference in that section to
Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair
561021B.I-18/4/2007 26 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Sch.
Trading Act 1999 were a reference to this
Act.".
5.3 In section 68(2)(b), for "or 150" substitute
", 150, 151A or 151B".
5 6 Funerals Act 2006
6.1 After section 54(1) insert--
"(1A) For the purposes of subsection (1),
section 153 of the Fair Trading Act 1999
applies as if a reference in that section to
10 Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair
Trading Act 1999 were a reference to this
Act.".
6.2 In section 54(2)(b), for "or 150" substitute
", 150, 151A or 151B".
15 7 Funerals (Pre-Paid Money) Act 1993
7.1 In section 17A(2), for "sections 151A, 151B,
151C, 153 and" substitute "section".
7.2 After section 17A(2) insert--
"(2A) For the purposes of subsection (2),
20 section 153 of the Fair Trading Act 1999
applies as if a reference in that section to
Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair
Trading Act 1999 were a reference to this
Act.".
25 7.3 In section 17A(3)(b), for "or 150" substitute
", 150, 151A or 151B".
8 Introduction Agents Act 1997
8.1 In section 69(1), for "sections 151A, 151B, 151C,
153 and" substitute "section".
30 8.2 After section 69(1) insert--
"(1A) For the purposes of subsection (1),
section 153 of the Fair Trading Act 1999
applies as if a reference in that section to
561021B.I-18/4/2007 27 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Sch.
Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair
Trading Act 1999 were a reference to this
Act.".
8.3 In section 69(2)(b), for "or 150" substitute
5 ", 150, 151A or 151B".
9 Motor Car Traders Act 1986
9.1 In section 82I(1), for "sections 151A, 151B, 151C,
153 and" substitute "section".
9.2 After section 82I(1) insert--
10 "(1A) For the purposes of subsection (1),
section 153 of the Fair Trading Act 1999
applies as if a reference in that section to
Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair
Trading Act 1999 were a reference to this
15 Act.".
9.3 In section 82I(2)(b), for "or 150" substitute
", 150, 151A or 151B".
10 Petroleum Products (Terminal Gate Pricing)
Act 2000
20 10.1 In section 11(2), for "sections 151A, 151B, 151C,
153 and" substitute "section".
10.2 After section 11(2) insert--
"(2A) For the purposes of subsection (2),
section 153 of the Fair Trading Act 1999
25 applies as if a reference in that section to
Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair
Trading Act 1999 were a reference to this
Act.".
10.3 In section 11(3)(b), for "or 150" substitute
30 ", 150, 151A or 151B".
561021B.I-18/4/2007 28 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Sch.
11 Prostitution Control Act 1994
11.1 In section 86A(1), for "sections 151A, 151B,
151C, 153 and" substitute "section".
11.2 After section 86A(1) insert--
5 "(1A) For the purposes of subsection (1),
section 153 of the Fair Trading Act 1999
applies as if a reference in that section to
Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair
Trading Act 1999 were a reference to this
10 Act.".
11.3 In section 86A(2)(b), for "or 150" substitute
", 150, 151A or 151B".
12 Residential Tenancies Act 1997
12.1 In section 507A(2), for "sections 151A, 151B,
15 151C, 153 and" substitute "section".
12.2 After section 507A(2) insert--
"(2A) For the purposes of subsection (2),
section 153 of the Fair Trading Act 1999
applies as if a reference in that section to
20 Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair
Trading Act 1999 were a reference to this
Act.".
12.3 In section 507A(3)(b), for "or 150" substitute
", 150, 151A or 151B".
25 13 Sale of Land Act 1962
13.1 In section 48A(1), for "sections 151A, 151B,
151C, 153 and" substitute "section".
13.2 After section 48A(1) insert--
"(1A) For the purposes of subsection (1),
30 section 153 of the Fair Trading Act 1999
applies as if a reference in that section to
Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair
561021B.I-18/4/2007 29 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Sch.
Trading Act 1999 were a reference to this
Act.".
13.3 In section 48A(2)(b), for "or 150" substitute
", 150, 151A or 151B".
5 14 Second-Hand Dealers and Pawnbrokers Act 1989
14.1 In section 30(1), for "sections 151A, 151B, 151C,
153 and" substitute "section".
14.2 After section 30(1) insert--
"(1A) For the purposes of subsection (1),
10 section 153 of the Fair Trading Act 1999
applies as if a reference in that section to
Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair
Trading Act 1999 were a reference to this
Act.".
15 14.3 In section 30(2)(b), for "or 150" substitute
", 150, 151A or 151B".
15 Travel Agents Act 1986
15.1 In section 44(1), for "sections 151A, 151B, 151C,
153 and" substitute "section".
20 15.2 After section 44(1) insert--
"(1A) For the purposes of subsection (1),
section 153 of the Fair Trading Act 1999
applies as if a reference in that section to
Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair
25 Trading Act 1999 were a reference to this
Act.".
15.3 In section 44(2)(b), for "or 150" substitute
", 150, 151A or 151B".
561021B.I-18/4/2007 30 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Sch.
16 Utility Meters (Metrological Controls) Act 2002
16.1 In section 63(1), for "sections 151A, 151B, 151C,
153 and" substitute "section".
16.2 After section 63(1) insert--
5 "(1A) For the purposes of subsection (1),
section 153 of the Fair Trading Act 1999
applies as if a reference in that section to
Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair
Trading Act 1999 were a reference to this
10 Act.".
16.3 In section 63(2)(b), for "or 150" substitute
", 150, 151A or 151B".
561021B.I-18/4/2007 31 BILL LA INTRODUCTION 18/4/2007
Fair Trading and Consumer Acts Amendment Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561021B.I-18/4/2007 32 BILL LA INTRODUCTION 18/4/2007
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