FAIR TRADING AND CONSUMER ACTS FURTHER AMENDMENT BILL 2007

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FAIR TRADING AND CONSUMER ACTS FURTHER AMENDMENT BILL 2007

PARLIAMENT OF VICTORIA Fair Trading and Consumer Acts Further Amendment Bill 2007 TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1 Purposes 1 2 Commencement 3 PART 2--FAIR TRADING ACT 1999 4 3 Definitions 4 4 New Part 2C inserted 5 PART 2C--FRUSTRATED CONTRACTS 5 Division 1--Introductory 5 32ZE Definitions 5 32ZF Contracts to which this Part applies 5 Division 2--Consequences of frustration of contract 6 32ZG Adjustment of amounts paid or payable to parties to discharged contracts 6 32ZH Court may allow amounts paid or payable to be recovered or paid 6 32ZI Parties to pay an amount for valuable benefits obtained 7 32ZJ Calculation of expenses incurred 8 32ZK Circumstances in which amounts payable under contract of insurance excluded 8 Division 3--General 9 32ZL Circumstances in which contract provisions continue to have effect despite frustration 9 32ZM Performed part of contract not frustrated 9 32ZN Nature of action 10 32ZO Limitation period 10 5 Functions and powers of the Director 10 6 New section 152A inserted 10 152A Powers of court if requirement of Director or inspector not complied with 10 561098B.I-31/10/2007 i BILL LA INTRODUCTION 31/10/2007

Clause Page 7 Defences 11 8 Consumer documents to be clear 11 9 New section 163A inserted 12 163A Complaints etc. are privileged 12 10 New clause 12 inserted in Schedule 3 12 12 Continuation of existing hire-purchase agreements 12 11 New clause 13 inserted in Schedule 3 13 13 Transitional--references to the Frustrated Contracts Act 1959 13 PART 3--OWNERS CORPORATIONS ACT 2006 14 12 Powers of owners corporations 14 13 Audit of accounts 14 14 Insurance for lots in multi-level dwellings 14 15 New section 79 substituted 15 79 Who chairs the general meeting? 15 16 Proxies 15 17 Secretary of committee 15 18 Owners corporation certificate 15 19 Application for registration 15 20 Proposed Part 5 of the Subdivision Act 1988 16 21 Functions of Business Licensing Authority 17 22 Consequential amendment 17 PART 4--PARTNERSHIP ACT 1958 19 23 Who may apply for registration? 19 24 How an application is made? 19 25 Winding up on Director's certificate 19 26 Lodgment of certain documents with the Director 19 PART 5--SHOP TRADING REFORM ACT 1996 20 27 Definitions 20 28 Special local shop closing times 20 29 Restraining orders 20 30 Regulations 20 31 Schedule 2 21 PART 6--SUBDIVISION ACT 1988 22 32 New section 42A of the Subdivision Act 1988 inserted 22 42A Registrar may approve forms 22 33 Regulations 22 561098B.I-31/10/2007 ii BILL LA INTRODUCTION 31/10/2007

Clause Page PART 7--TRADE MEASUREMENT ACT 1995 23 34 Definitions 23 35 Measuring instruments used for trade must be marked 24 36 Use of class 4 measuring instruments 24 37 Use of measuring instruments for pre-packed articles 24 38 Unjust measurement 24 39 Supplying incorrect measuring instrument 25 40 Section 23 substituted 25 23 Incorrect measurement or price calculation 25 41 New section 25A inserted 26 25A Special provision for sale of firewood by volume 26 42 Application for licence 26 43 Grounds for refusal 27 44 Conditions on all public weighbridge licences 27 45 New sections 52A and 52B inserted 28 52A Continuation of weighbridge suitability statement in particular circumstances 28 52B If weighbridge no longer suitable for use as a public weighbridge 29 46 Surrender of licence 30 47 New sections 54A, 54B, 54C and 54D inserted 30 54A Effect of relocation of licensed weighbridge 30 54B Application to change licence holders due to change of partnership 31 54C Effect on licence of application under section 54B 32 54D Application to amend condition of licence 33 48 Grounds for disciplinary action 33 49 Rights of appeal 33 50 Regulations 34 51 New Part 9 inserted 34 PART 9--TRANSITIONAL PROVISIONS 34 82 Certificates of suitability 34 83 Existing licensed public weighbridges 35 PART 8--TRADE MEASUREMENT (ADMINISTRATION) ACT 1995 36 52 Other fees and charges may be prescribed 36 PART 9--AMENDMENTS AND REPEALS 37 Division 1--Repeals 37 53 Repeal of Frustrated Contracts Act 1959 37 54 Repeal of Hire-Purchase Act 1959 37 561098B.I-31/10/2007 iii BILL LA INTRODUCTION 31/10/2007

Clause Page Division 2--Consequential and other amendments 37 55 Chattel Securities Act 1987 37 56 Credit Act 1984 38 57 Local Government Act 1989 38 58 Public Transport Competition Act 1995 39 59 Road Safety Act 1986 39 60 Amendments to Consumer Acts 39 Division 3--Repeal of Amending Act 39 61 Repeal of amending Act 39 __________________ SCHEDULE--Amendments to Consumer Acts 40 1 Associations Incorporation Act 1981 40 2 Business Names Act 1962 40 3 Domestic Building Contracts Act 1995 40 4 Estate Agents Act 1980 41 70WA Powers of court if requirement to produce information not complied with 41 5 Fundraising Appeals Act 1998 42 6 Introduction Agents Act 1997 42 7 Motor Car Traders Act 1986 42 82ATA Powers of court if requirement to produce information not complied with 42 8 Petroleum Products (Terminal Gate Pricing) Act 2000 43 9 Prostitution Control Act 1994 44 61WA Powers of court if requirement to produce information not complied with 44 10 Residential Tenancies Act 1997 45 11 Retirement Villages Act 1986 45 12 Sale of Land Act 1962 45 13 Second-Hand Dealers and Pawnbrokers Act 1989 45 26WA Powers of court if requirement to produce information not complied with 45 14 Travel Agents Act 1986 46 39VA Powers of court if requirement to produce information not complied with 46 15 Utility Meters (Metrological Controls) Act 2002 47 ENDNOTES 48 561098B.I-31/10/2007 iv BILL LA INTRODUCTION 31/10/2007

PARLIAMENT OF VICTORIA Introduced in the Assembly Fair Trading and Consumer Acts Further Amendment Bill 2007 A Bill for an Act to amend the Fair Trading Act 1999, the Owners Corporations Act 2006, the Partnership Act 1958, the Shop Trading Reform Act 1996, the Subdivision Act 1988, the Trade Measurement Act 1995, the Trade Measurement (Administration) Act 1995 and other Acts and to repeal the Frustrated Contracts Act 1959 and the Hire-Purchase Act 1959 and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purposes The main purposes of this Act are-- (a) to amend the Fair Trading Act 1999-- 5 (i) to re-enact in it the provisions of the Frustrated Contracts Act 1959; 561098B.I-31/10/2007 1 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 1--Preliminary s. 1 (ii) to include provisions consequent on the repeal of the Hire-Purchase Act 1959; (iii) to expand the powers of the Director to bring proceedings; 5 (iv) to provide for certain matters to be privileged; (v) to provide power to seek a court order to enforce compliance with certain requirements of the Director or an 10 inspector; (vi) to improve generally the operation of that Act; (b) to amend various Consumer Acts to provide power to seek a court order to enforce 15 compliance with certain requirements of the Director or an inspector; (c) to amend the Owners Corporations Act 2006 to improve the operation of that Act; (d) to amend the Partnership Act 1958 to 20 enable Early Stage Venture Capital Limited Partnerships to be registered and recognised in Victoria; (e) to amend the Shop Trading Reform Act 1996 to repeal provisions relating to special 25 local shop closing times that regulate Sunday trading; (f) to amend the Subdivision Act 1988 to improve the operation of that Act; (g) to amend the Trade Measurement Act 1995 30 and the Trade Measurement (Administration) Act 1995 to reflect changes to the national model legislation; 561098B.I-31/10/2007 2 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 1--Preliminary s. 2 (h) to repeal-- (i) the Frustrated Contracts Act 1959; and (ii) the Hire-Purchase Act 1959. 5 2 Commencement (1) This Act (except sections 3, 4, 10, 11, 53 to 56, 58 and 59 and Parts 7 and 8) comes into operation on the day after the day on which it receives the Royal Assent. 10 (2) Parts 7 and 8 come into operation on 1 July 2008. (3) Subject to subsection (4), sections 3, 4, 10, 11, 53 to 56, 58 and 59 come into operation on a day or days to be proclaimed. (4) If a provision referred to in subsection (3) does 15 not come into operation before 1 December 2008, it comes into operation on that day. __________________ 561098B.I-31/10/2007 3 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 2--Fair Trading Act 1999 s. 3 PART 2--FAIR TRADING ACT 1999 3 Definitions See: In section 3 of the Fair Trading Act 1999 for the Act No. 16/1999. definition of hire-purchase agreement 5 Reprint No. 3 as at substitute-- 23 February 2007 "hire-purchase agreement includes a letting of and goods with an option to purchase and an amending Act Nos agreement for the purchase of goods by 69/2006, instalments (whether that agreement 75/2006, 10 77/2006 and describes the instalments as rent or hire or 17/2007. otherwise) but does not include any Law Today: www. agreement-- legislation. vic.gov.au (a) by which the property in the goods in the agreement passes at the time of the 15 agreement or on or at any time before delivery of the goods; or (b) under which the person by whom the goods are being hired or purchased is a person who is engaged in the trade or 20 business of selling goods of the same nature or description as the goods comprised in the agreement; or (c) that is a regulated contract within the meaning of the Credit Act 1984; or 25 (d) that is a credit contract within the meaning of the Consumer Credit (Victoria) Code;". 561098B.I-31/10/2007 4 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 2--Fair Trading Act 1999 s. 4 4 New Part 2C inserted After Part 2B of the Fair Trading Act 1999 insert-- "PART 2C--FRUSTRATED CONTRACTS 5 Division 1--Introductory 32ZE Definitions In this Part-- court, in relation to any matter, means the court or arbitrator by or before whom 10 the matter falls to be determined; discharged contract means a contract to which this Part applies; time of discharge, in relation to any contract, means the time at which-- 15 (a) performance of the contract becomes impossible; or (b) the contract is otherwise frustrated; or (c) the contract is avoided by the 20 operation of section 12 of the Goods Act 1958. 32ZF Contracts to which this Part applies (1) This Part applies to a contract if the parties to the contract are discharged from the further 25 performance of the contract because-- (a) performance of the contract becomes impossible; or (b) the contract is otherwise frustrated; or (c) the contract is avoided by the operation 30 of section 12 of the Goods Act 1958. 561098B.I-31/10/2007 5 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 2--Fair Trading Act 1999 s. 4 (2) This Part applies to contracts made before or after the commencement of section 4 of the Fair Trading and Consumer Acts Further Amendment Act 2007 if the time of 5 discharge of the contract is after 29 September 1959. (3) This Part does not apply to-- (a) any charter-party, except a time charter- party or a charter-party by way of 10 demise; or (b) any contract (other than a charter-party) for the carriage of goods by sea; or (c) any contract of insurance except as provided for in section 32ZK. 15 Division 2--Consequences of frustration of contract 32ZG Adjustment of amounts paid or payable to parties to discharged contracts (1) All amounts paid to any party under a 20 discharged contract before the time of discharge are recoverable. (2) All amounts payable to any party under a discharged contract before the time of discharge cease to be payable. 25 32ZH Court may allow amounts paid or payable to be recovered or paid Despite section 32ZG, the court may, if it considers it just to do so having regard to all the circumstances of the case, allow a party 30 to a discharged contract-- (a) to whom amounts were paid or are payable under that contract before the time of discharge; and 561098B.I-31/10/2007 6 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 2--Fair Trading Act 1999 s. 4 (b) who has incurred expenses before the time of discharge in or for the purpose of the performance of that contract-- to retain or recover (as the case may be) the 5 whole or any part of the amounts paid or payable to that party under the contract in an amount not exceeding the expenses incurred. 32ZI Parties to pay an amount for valuable benefits obtained 10 (1) This section applies if a party to a discharged contract obtained a valuable benefit (other than a payment of money to which section 32ZG or 32ZH applies) before the time of discharge because of anything done by 15 another party in or for the purpose of the performance of the contract. (2) Despite section 32ZG, the benefited party is liable to pay to that other party any amount (not exceeding the value of the benefit 20 obtained) that the court considers just having regard to all the circumstances of the case. (3) For the purpose of subsection (2), the Court may have regard in particular to-- (a) the amount of any expenses the 25 benefited party incurred before the time of discharge in or for the purpose of the performance of the contract, including any amount paid or payable by the benefited party to any other party under 30 the contract and retained or recoverable by that party under section 32ZG or 32ZH; or (b) the effect, in relation to the benefit obtained, of the circumstances giving 35 rise to the frustration or avoidance of the contract. 561098B.I-31/10/2007 7 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 2--Fair Trading Act 1999 s. 4 (4) For the purpose of this section, if a party to the contract has assumed obligations under the contract in consideration of the conferral of a benefit by another party to the contract 5 on any other person (whether or not that person is a party to the contract), the court may, if in all the circumstances of the case it considers it just to do so, treat any benefit conferred on that other person as a benefit 10 obtained by the party who has assumed those obligations. 32ZJ Calculation of expenses incurred In estimating, for the purposes of this Division, the amount of any expenses 15 incurred by any party to a discharged contract, the court may include an amount that appears reasonable for-- (a) overhead expenses; and (b) work or services performed personally 20 by the party. 32ZK Circumstances in which amounts payable under contract of insurance excluded In considering whether any amount is to be retained or recovered by any party to a 25 discharged contract, the court must not take into account any amounts payable to a party under a contract of insurance because of the circumstances giving rise to the frustration or avoidance of the contract unless an 30 obligation to insure is imposed-- (a) by an express provision in the frustrated or avoided contract; or (b) by or under any enactment. 561098B.I-31/10/2007 8 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 2--Fair Trading Act 1999 s. 4 Division 3--General 32ZL Circumstances in which contract provisions continue to have effect despite frustration 5 If any contract to which this Part applies contains a provision that on the true construction of the contract-- (a) is intended to continue to have effect in circumstances that operate or would, 10 but for that provision, operate to frustrate or avoid the contract; or (b) is intended to have effect whether or not circumstances that operate or would, but for that provision, operate to 15 frustrate or avoid the contract arise-- the court must give effect to that provision and must only give effect to Division 2 to the extent that the court is satisfied that it is consistent with the provision of the contract. 20 32ZM Performed part of contract not frustrated If it appears to the court that part of a contract to which this Part applies-- (a) is wholly performed before the time of discharge; or 25 (b) is wholly performed before the time of discharge except for payment in respect of that part of the contract of amounts that are or can be ascertained under the contract-- 30 the court must treat that part of the contract as if it were a separate contract that had not been frustrated or avoided and Division 2 will only apply to the remainder of that contract. 561098B.I-31/10/2007 9 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 2--Fair Trading Act 1999 s. 5 32ZN Nature of action All actions and proceedings to recover amounts under this Part are taken to be founded on simple contract. 5 32ZO Limitation period Subject to Part II of the Limitation of Actions Act 1958, a cause of action under this Part is taken to have first accrued at the time of discharge. 10 __________________". 5 Functions and powers of the Director In section 100(1)(e) of the Fair Trading Act 1999 for "in accordance with this Act or with a Consumer Act" substitute "to achieve the 15 purposes of this Act or the purposes of a Consumer Act". 6 New section 152A inserted After section 152 of the Fair Trading Act 1999 insert-- 20 "152A Powers of court if requirement of Director or inspector not complied with (1) Subject to subsection (3), if the Director is satisfied that a person has, without reasonable excuse, failed to comply with a 25 requirement under section 106HA, 106I or 118, the Director may certify that failure to a court. (2) Subject to subsection (3), if an inspector is satisfied that a person has, without 30 reasonable excuse, failed to comply with a requirement of the inspector under section 118 or 131, the inspector may certify that failure to a court. 561098B.I-31/10/2007 10 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 2--Fair Trading Act 1999 s. 7 (3) The Director or an inspector cannot certify a failure to a court under subsection (1) or (2) if the person to whom the failure relates has been charged with an offence against section 5 106HA(2), 106I(3) or 132 (as applicable). (4) If the Director or an inspector so certifies under subsection (1) or (2), the court may inquire into the case and may order the person to comply with the requirement 10 within the period specified by the court. (5) If a proceeding is brought under this section in relation to a failure to comply with a requirement, a person to whom the failure relates cannot be charged with an offence 15 under section 106HA(2), 106I(3) or 132 (as applicable) in respect of that failure.". 7 Defences In section 155(5) of the Fair Trading Act 1999 for "section 32ZA" substitute "section 32ZB(5)". 20 8 Consumer documents to be clear (1) In section 163(3)(b) of the Fair Trading Act 1999 for "10 point font" substitute "10 point Times New Roman font, or a minimum font of an equivalent size". 25 (2) In section 163(4) of the Fair Trading Act 1999 for-- (a) "contract" substitute "document"; (b) "contracts" substitute "documents". 561098B.I-31/10/2007 11 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 2--Fair Trading Act 1999 s. 9 9 New section 163A inserted After section 163 of the Fair Trading Act 1999 insert the following-- "163A Complaints etc. are privileged 5 If a person in good faith-- (a) makes a complaint to the Director under section 103; or (b) produces or gives a document or any information or evidence to the Director, 10 an inspector or the Tribunal in relation to a matter that constitutes or may constitute a contravention of this Act or another Consumer Act-- the person is not liable in any way for any 15 loss, damage or injury suffered by another person by reason only of the making of that complaint or the production or giving of that document, information or evidence.". 10 New clause 12 inserted in Schedule 3 20 After clause 11 of Schedule 3 to the Fair Trading Act 1999 insert-- "12 Continuation of existing hire-purchase agreements (1) Despite the repeal of the Hire-Purchase Act 25 1959, that Act continues to apply to any hire- purchase agreement and any agreement made in connection with a hire-purchase agreement entered into and in operation immediately before 1 April 1998 and 30 existing before the commencement day. (2) Despite the repeal of the Hire-Purchase Act 1959, sections 1(4B), 1(4C) and 1(6) of that Act continue to apply in respect of agreements to which they applied 561098B.I-31/10/2007 12 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 2--Fair Trading Act 1999 s. 11 immediately before the commencement day as if that Act had not been repealed. (3) In this clause commencement day means the date of commencement of section 54 of the 5 Fair Trading and Consumer Acts Further Amendment Act 2007.". 11 New clause 13 inserted in Schedule 3 At the end of Schedule 3 to the Fair Trading Act 1999 insert-- 10 "13 Transitional--references to the Frustrated Contracts Act 1959 On and from the commencement of section 53 of the Fair Trading and Consumer Acts Further Amendment Act 15 2007, in any Act (other than this Act) or in any instrument made under any Act or in any other document of any kind a reference to the Frustrated Contracts Act 1959 is deemed to be a reference to Part 2C so far as 20 it relates to any period after that commencement, unless the context otherwise requires.". __________________ 561098B.I-31/10/2007 13 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 3--Owners Corporations Act 2006 s. 12 PART 3--OWNERS CORPORATIONS ACT 2006 12 Powers of owners corporations See: (1) In section 3 of the Owners Corporations Act Act No. 69/2006. 2006 insert the following definition-- Statute Book: 5 www. "ordinary resolution means a resolution other legislation. vic.gov.au than a special resolution or a unanimous resolution;". (2) In sections 25(1), 43 and 52(a)(i) of the Owners Corporations Act 2006 omit "at a general 10 meeting". (3) In section 62 of the Owners Corporations Act 2006 for "At a general meeting, the owners corporation" substitute "An owners corporation". 13 Audit of accounts 15 In sections 35(1)(c) and 35(2)(c) of the Owners Corporations Act 2006, after "CPA Australia" insert ", the National Institute of Accountants". 14 Insurance for lots in multi-level dwellings For section 61(2) of the Owners Corporations 20 Act 2006 substitute-- "(2) Subsection (1) does not apply to-- (a) a single-storey building; or (b) a plan of subdivision that was registered under the Cluster Titles Act 25 1974 or the Strata Titles Act 1967 unless one or more lots in the plan is located above another lot in the plan.". 561098B.I-31/10/2007 14 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 3--Owners Corporations Act 2006 s. 15 15 New section 79 substituted For section 79 of the Owners Corporations Act 2006 substitute-- "79 Who chairs the general meeting? 5 (1) The lot owners present at a general meeting may elect one of their number or the manager of the owners corporation to chair the meeting. (2) If the chairperson of the owners corporation 10 is present at a general meeting and an election under subsection (1) has not been made, the chairperson chairs the meeting.". 16 Proxies In section 87(3) of the Owners Corporations Act 15 2006 for "subregulation (1)" substitute "subsection (1)". 17 Secretary of committee In section 107 of the Owners Corporations Act 2006 after "committee" (where secondly 20 occurring) insert "or the manager of the owners corporation". 18 Owners corporation certificate In section 151(2) of the Owners Corporations Act 2006 after "by" insert "the fee determined by 25 the owners corporation, which must not exceed". 19 Application for registration In section 180(2)(a) of the Owners Corporations Act 2006 omit "and must be verified by statutory declaration". 561098B.I-31/10/2007 15 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 3--Owners Corporations Act 2006 s. 20 20 Proposed Part 5 of the Subdivision Act 1988 (1) In section 211 of the Owners Corporations Act 2006, in proposed section 27E(1) of the Subdivision Act 1988, after "accompanied by" 5 insert "a document specifying". (2) In section 211 of the Owners Corporations Act 2006, in proposed section 27H of the Subdivision Act 1988, for "The Registrar" substitute-- "(1) The Registrar". 10 (3) In section 211 of the Owners Corporations Act 2006, at the end of proposed section 27H of the Subdivision Act 1988, insert-- "(2) Without limiting subsection (1), if there is a special resolution of the members, an owners 15 corporation may apply to the Registrar to alter the purposes of the owners corporation. (3) Without limiting subsection (1), if there is a special resolution of the members of an unlimited owners corporation and a special 20 resolution of the members of a limited owners corporation, the owners corporations may apply to the Registrar to alter the functions or obligations of the limited owners corporation that are to be carried out 25 or complied with by the unlimited owners corporation. Note See section 27C. (4) On the Registrar altering the purposes of the 30 owners corporation, the altered purposes become the purposes of the owners corporation. 561098B.I-31/10/2007 16 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 3--Owners Corporations Act 2006 s. 21 (5) On the Registrar altering the functions or obligations of the limited owners corporation that are to be carried out or complied with by the unlimited owners corporation, section 5 27C(5) applies as if the alteration were the registration of the plan and that subsection referred to the functions or obligations as so altered.". (4) In section 211 of the Owners Corporations Act 10 2006, in proposed section 32AI(1)(c) of the Subdivision Act 1988, for "the registered plan" substitute "the lot or lots to be consolidated, subdivided or altered". 21 Functions of Business Licensing Authority 15 At the end of section 220 of the Owners Corporations Act 2006 insert-- '(2) After section 6(a)(iv) of the Business Licensing Act 1998 insert-- "(iva) the Owners Corporations Act 20 2006;".'. 22 Consequential amendment (1) In Schedule 3 to the Owners Corporations Act 2006, for item 10.2(b) substitute-- '(b) in subsection (2) for "body corporate" 25 (wherever occurring) substitute "owners corporation";'. (2) In Schedule 3 to the Owners Corporations Act 2006, after item 10.2 insert-- '10.3 After section 98CA(2)(c) insert-- 30 "(ca) be accompanied by the relevant owners corporation documents; and". 561098B.I-31/10/2007 17 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 3--Owners Corporations Act 2006 s. 22 10.4 After section 98CA(2) insert-- "(3) In this section and section 98CB owners corporation documents means the documents required under Part 5 of 5 the Subdivision Act 1988 to accompany a plan of subdivision.". 10.5 In section 98CB-- (a) in subsection (2) for "and the plan of subdivision" substitute ", the plan of 10 subdivision and the owners corporation documents"; (b) in subsection (4) after "plan of subdivision" insert "and owners corporation documents".'. __________________ 561098B.I-31/10/2007 18 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 4--Partnership Act 1958 s. 23 PART 4--PARTNERSHIP ACT 1958 23 Who may apply for registration? After section 87(2)(a)(ii) of the Partnership Act See: Act No. 1958 insert-- 6330. Reprint No. 7 5 "(iii) an ESVCLP within the meaning of that Act; as at 3 December or". 2003 and amending Act No. 108/2004. Law Today: www. legislation. vic.gov.au 24 How an application is made? In section 88(2)(h) of the Partnership Act 1958 for "or an AFOF" (wherever occurring) substitute 10 ", an AFOF or an ESVCLP". 25 Winding up on Director's certificate In section 108(1)(b)(i) of the Partnership Act 1958 for "or an AFOF" substitute ", an AFOF or an ESVCLP". 15 26 Lodgment of certain documents with the Director In section 120(1) and 120(3) of the Partnership Act 1958 for "or an AFOF" (wherever occurring) substitute ", an AFOF or an ESVCLP". __________________ 561098B.I-31/10/2007 19 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 5--Shop Trading Reform Act 1996 s. 27 PART 5--SHOP TRADING REFORM ACT 1996 27 Definitions See: (1) In section 3(1) of the Shop Trading Reform Act Act No. 38/1996. 1996, in the definition of shop for "occasions;" 5 Reprint No. 3 as at substitute "occasions.". 10 December 2003 (2) In section 3(1) of the Shop Trading Reform Act and 1996, the definition of special local shop closing amending Act No. times is repealed. 108/2004. Law Today: (3) Section 3(2) of the Shop Trading Reform Act 10 www. 1996 is repealed. legislation. vic.gov.au 28 Special local shop closing times Section 6 of the Shop Trading Reform Act 1996 is repealed. 29 Restraining orders 15 In section 9 of the Shop Trading Reform Act 1996-- (a) in subsection (1), omit "or against a local law referred to in section 6(2)"; (b) subsection (2)(b) is repealed; 20 (c) in subsection (2)(c) omit "or the local law"; (d) in subsection (4) omit "or the local law, as the case requires". 30 Regulations (1) For section 11(1) of the Shop Trading Reform 25 Act 1996 substitute-- "(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed 30 to give effect to this Act.". 561098B.I-31/10/2007 20 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 5--Shop Trading Reform Act 1996 s. 31 (2) Section 11(2)(b) of the Shop Trading Reform Act 1996 is repealed. 31 Schedule 2 Schedule 2 to the Shop Trading Reform Act 5 1996 is repealed. __________________ 561098B.I-31/10/2007 21 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 6--Subdivision Act 1988 s. 32 PART 6--SUBDIVISION ACT 1988 See: 32 New section 42A of the Subdivision Act 1988 Act No. 53/1988. inserted Reprint No. 5 as at After section 42 of the Subdivision Act 1988 1 January 5 1999 insert-- and amending "42A Registrar may approve forms Act Nos 28/2000, (1) Subject to this Act and the regulations, the 74/2000, Registrar may from time to time approve 44/2001, 47/2004, forms for use under this Act. 81/2004, 10 35/2006 and (2) The Registrar must publish a copy of each 47/2007. Law Today: approved form on the Internet site for the www. Office of Titles. legislation. vic.gov.au (3) If the Registrar approves a form for use under this Act, any form in or to the like 15 effect of that form is sufficient in law.". 33 Regulations After section 43(1)(j) of the Subdivision Act 1988 insert-- "(ja) prescribing forms for the purposes of this 20 Act; and". __________________ 561098B.I-31/10/2007 22 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 7--Trade Measurement Act 1995 s. 34 PART 7--TRADE MEASUREMENT ACT 1995 34 Definitions (1) In section 3(1) of the Trade Measurement Act See: Act No. 1995 insert the following definitions-- 59/1995. Reprint No. 1 5 "firewood means any wood, including dockings, as at 1 September edgings, mill ends, offcuts and timber 1999 products, that-- and amending (a) is intended for use as firewood; and Act No. 17/2000. (b) is in billets or lengths of not more than Law Today: www. 10 24 m; legislation. vic.gov.au pack, for the purpose of deciding who packs or has packed an article as a prepacked article, includes authorise, direct, cause or permit a person to pack an article as a prepacked 15 article; use, in relation to the use of a measuring instrument for trade, includes-- (a) have the measuring instrument in possession for use; and 20 (b) make the measuring instrument available for use; and (c) authorise, direct, cause or permit a person to do an act mentioned in paragraph (a) or (b) or anything else 25 that is the use of the measuring instrument for trade; weighbridge suitability statement, for a public weighbridge licence, means a statement, signed by the administering authority, that 30 the weighbridge mentioned in the licence is suitable for use as a public weighbridge.". 561098B.I-31/10/2007 23 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 7--Trade Measurement Act 1995 s. 35 (2) In section 3(1) of the Trade Measurement Act 1995, in the definition of class 4 measuring instrument-- (a) for "pattern that" substitute "pattern that, in 5 accordance with the approved pattern"; (b) for "is marked with a symbol" substitute "has a symbol on it". (3) In section 3(1) of the Trade Measurement Act 1995, in paragraph (e) of the definition of sell, for 10 "paragraph (a), (b), (c) or (d)" substitute "paragraphs (a) to (d) or anything else that is a sale". 35 Measuring instruments used for trade must be marked 15 In section 7(4) of the Trade Measurement Act 1995 for "is taken not to have committed" substitute "may not be prosecuted for". 36 Use of class 4 measuring instruments For section 7A(b) of the Trade Measurement 20 Act 1995 substitute-- "(b) for weighing a thing to decide freight or haulage charges for the thing; or". 37 Use of measuring instruments for pre-packed articles 25 In section 7B of the Trade Measurement Act 1995 for "approved for trade use under the National Measurement Act" substitute "of an approved pattern". 38 Unjust measurement 30 In section 8(5) of the Trade Measurement Act 1995 for "is taken not to have committed" substitute "may not be prosecuted for". 561098B.I-31/10/2007 24 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 7--Trade Measurement Act 1995 s. 39 39 Supplying incorrect measuring instrument (1) In section 9(2) of the Trade Measurement Act 1995 omit "for trade" (where thirdly occurring). (2) After section 9(2) of the Trade Measurement 5 Act 1995 insert-- "(2A) Subject to subsection (3)(b), it does not matter whether the person who used the measuring instrument purchased it or took it on lease, hire or loan for trade.". 10 40 Section 23 substituted For section 23 of the Trade Measurement Act 1995 substitute-- "23 Incorrect measurement or price calculation 15 (1) This section applies to a person who, for the purpose of the sale of an article at a price determined by reference to the measurement of the article, operates a measuring instrument to measure the article or decides 20 the measurement of the article. (2) For this section-- (a) a reference to the person's measurement of the article is a reference to the person's operation of the measuring 25 instrument or measurement of the article as mentioned in subsection (1); and (b) it does not matter whether the person's measurement of the article is for the 30 article's sale by the person or by anyone else at any time. 561098B.I-31/10/2007 25 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 7--Trade Measurement Act 1995 s. 41 (3) For any sale of the article at any time, the person commits an offence if, because of the person's measurement of the article-- (a) the person directly or indirectly 5 misleads any party to the sale as to the measurement of the article or the calculation of the price, to the party's detriment; or (b) the price paid or required to be paid is 10 not the price correctly determined by reference to the correct measurement of the article and as a result any party to the sale suffers or would suffer detriment. 15 Penalty: 200 penalty units.". 41 New section 25A inserted After section 25 of the Trade Measurement Act 1995 insert-- "25A Special provision for sale of firewood by 20 volume To apply section 23 to a sale of firewood by volume, the volume stated for the sale of the firewood (the stated volume) is taken to comply with that section if, when the 25 firewood is stacked with as few gaps as practicable, the volume worked out using the stack's dimensions is at least the stated volume.". 42 Application for licence 30 (1) In section 44(1)(b) of the Trade Measurement Act 1995 after "licence" insert "for a single weighbridge". 561098B.I-31/10/2007 26 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 7--Trade Measurement Act 1995 s. 43 (2) After section 44(2) of the Trade Measurement Act 1995 insert-- "(2A) If the licensing authority grants a licence to a partnership, the licence must state-- 5 (a) the names of all the partners; and (b) if the partnership has a registered business name, the registered business name. (2B) Each partner stated in the licence, including 10 the licence as amended under section 54B, is taken to be a holder of the licence.". (3) In section 44(3) of the Trade Measurement Act 1995 for "The application" substitute "An application under this section". 15 43 Grounds for refusal After section 45(1) of the Trade Measurement Act 1995 insert-- "(1A) If the applicant is a partnership, subsection (1) applies to each member of the 20 partnership. (1B) Also, for a public weighbridge licence application for a weighbridge, the licensing authority must refuse the application if the administering authority considers the 25 weighbridge is not suitable for use as a public weighbridge.". 44 Conditions on all public weighbridge licences (1) For section 50(1)(a) of the Trade Measurement Act 1995 substitute-- 30 "(a) a condition that the licensee must not operate the weighbridge mentioned in the licence unless the licence or a copy of the licence has a weighbridge suitability statement written on it that is in force; 561098B.I-31/10/2007 27 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 7--Trade Measurement Act 1995 s. 45 (aa) a condition that the weighbridge suitability statement is in force only until the end of-- (i) the period for which the fee payable in relation to the statement has been paid; 5 or (ii) the period as extended under section 52A; (ab) a condition that the weighbridge mentioned in the licence is to be located at the place 10 stated in the licence;". (2) In section 50(1)(b) of the Trade Measurement Act 1995 for "a weighbridge operated pursuant to the licence" substitute "the weighbridge mentioned in the licence". 15 45 New sections 52A and 52B inserted After section 52 of the Trade Measurement Act 1995 insert-- "52A Continuation of weighbridge suitability statement in particular circumstances 20 (1) This section applies if-- (a) before the end of the period for which a weighbridge suitability statement is in force for a particular weighbridge, a licensee pays the fee for a new 25 weighbridge suitability statement; and (b) the administering authority has not caused the weighbridge to be examined for the purpose of providing a new weighbridge suitability statement. 30 (2) The licensee may continue to operate the weighbridge under the licence until the administering authority-- 561098B.I-31/10/2007 28 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 7--Trade Measurement Act 1995 s. 45 (a) issues to the licensee a copy of the public weighbridge licence for the weighbridge with a weighbridge suitability statement on it in force for 5 the period for which the fee payable in relation to the statement has been paid; or (b) decides the weighbridge is no longer suitable for use as a public weighbridge 10 and gives written notice of the decision to the licensee under section 52B(2). 52B If weighbridge no longer suitable for use as a public weighbridge (1) This section applies if the administering 15 authority decides a public weighbridge is no longer suitable for use as a public weighbridge. (2) The administering authority may give the licensee a notice stating-- 20 (a) why the administering authority considers the public weighbridge is no longer suitable for use as a public weighbridge; and (b) that the licensee may make written 25 representations to the administering authority within 28 days stating why the licensee considers the public weighbridge licence for the public weighbridge should not be cancelled. 30 (3) After considering any representations made to the administering authority, the administering authority may-- (a) decide to take no further action against the licensee; or 561098B.I-31/10/2007 29 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 7--Trade Measurement Act 1995 s. 46 (b) recommend to the licensing authority that the public weighbridge licence for the public weighbridge be cancelled. (4) The licensing authority may cancel the 5 licence on the recommendation of the administering authority under subsection (3)(b). (5) The administering authority must give the licensee a written notice stating-- 10 (a) the decision and the reason for the decision; and (b) that if the licensing authority cancels the licensee's licence, the licensee may appeal against the decision to the 15 appeals tribunal under the Administration Act. (6) This section does not limit section 7.". 46 Surrender of licence In section 54(2) of the Trade Measurement Act 20 1995 for "A licence" substitute "Subject to section 54B, a licence". 47 New sections 54A, 54B, 54C and 54D inserted After section 54 of the Trade Measurement Act 1995 insert-- 25 "54A Effect of relocation of licensed weighbridge (1) This section applies if a licensee moves a weighbridge from the location at which it was inspected before the issue of the 30 weighbridge suitability statement for the weighbridge to another location at the place stated in the licence. 561098B.I-31/10/2007 30 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 7--Trade Measurement Act 1995 s. 47 (2) The public weighbridge licence for the weighbridge is taken to have been surrendered under section 54. 54B Application to change licence holders due 5 to change of partnership (1) This section applies if-- (a) a partnership is the holder of a licence; and (b) there is or is proposed to be a change to 10 the membership of the partnership (the change) with at least 1 partner before the change continuing as a partner after the change. (2) The partnership may apply to the licensing 15 authority to amend the licence to state the partners who are or will be the partners after the change. (3) To the extent the change consists of a person ceasing to be a partner, the licensing 20 authority must grant the application and amend the licence to remove the name of the partner from the licence. (4) To the extent that the change involves a new partner being admitted to the partnership-- 25 (a) the application must include the information about the new partner that the new partner would have to give to the licensing authority when applying for a licence of that kind; and 30 (b) after considering the application, the licensing authority must-- (i) grant the application and amend the licence to include the name of the new partner; or 561098B.I-31/10/2007 31 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 7--Trade Measurement Act 1995 s. 47 (ii) refuse the application under subsection (5). (5) The licensing authority must refuse an application to which subsection (4) applies if 5 it would be refused under section 45 were it an application by the new partner for the licence. (6) If the licensing authority refuses the application, the licensing authority must 10 notify the partnership of the grounds for the refusal and the right of appeal against the refusal under section 59. (7) If an application is granted relating to a change that is to happen at a later time, the 15 licensing authority must amend the licence in accordance with the application from the later time. (8) To amend a licence under this section, the licensing authority may endorse the 20 amendment on the licence held by the partnership, or replace the licence with a licence stating the membership of the partnership after the change. (9) An application must be accompanied by the 25 application fee prescribed under the Administration Act. 54C Effect on licence of application under section 54B (1) This section applies if a change within the 30 meaning of section 54B happens-- (a) not more than 28 days before an application under the section is made; or (b) after the application is made but before 35 it is decided. 561098B.I-31/10/2007 32 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 7--Trade Measurement Act 1995 s. 48 (2) From the day of the change, the relevant licence is taken to be held by the partnership as it exists after the change, and each partner is taken to be a holder of the licence, until-- 5 (a) the application is granted; or (b) if the application is refused--the end of the period allowed under section 59(2) for appeal against the refusal, and, if the partnership appeals, the end of the 10 appeal. 54D Application to amend condition of licence (1) A licensee under a servicing licence may apply to the licensing authority for an amendment to a condition of the licence of a 15 kind mentioned in section 48(2). (2) The licensing authority may amend or refuse to amend the licence. (3) An application must be accompanied by the application fee prescribed under the 20 Administration Act.". 48 Grounds for disciplinary action At the end of section 56 of the Trade Measurement Act 1995 insert-- "(2) A ground for disciplinary action under 25 subsection (1) exists in relation to a licensee who is a partnership if the ground exists in relation to any 1 or more of the members of the partnership.". 49 Rights of appeal 30 (1) In section 59(1)(a) of the Trade Measurement Act 1995 after "licence" insert "or an amendment of a licence". 561098B.I-31/10/2007 33 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 7--Trade Measurement Act 1995 s. 50 (2) After section 59(1)(e) of the Trade Measurement Act 1995 insert-- "(ea) to cancel a public weighbridge licence because the public weighbridge mentioned in 5 the licence is no longer suitable for use as a public weighbridge; or". 50 Regulations (1) For section 80(2)(n) of the Trade Measurement Act 1995 substitute-- 10 "(n) weighbridge suitability statements;". (2) In section 80(2)(u) of the Trade Measurement Act 1995 for "instruments." substitute "instruments;". (3) After section 80(2)(u) of the Trade 15 Measurement Act 1995 insert-- "(v) the approval of forms for use under this Act.". 51 New Part 9 inserted After Part 8 of the Trade Measurement Act 1995 20 insert-- "__________________ PART 9--TRANSITIONAL PROVISIONS 82 Certificates of suitability A certificate of suitability for a public 25 weighbridge that is in force immediately before the commencement of section 44 of the Fair Trading and Consumer Acts Further Amendment Act 2007, is taken to be a weighbridge suitability statement for the 30 weighbridge's public weighbridge licence expiring when the certificate of suitability would otherwise have expired. 561098B.I-31/10/2007 34 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 7--Trade Measurement Act 1995 s. 51 83 Existing licensed public weighbridges (1) This section applies if, immediately before the commencement of section 44 of the Fair Trading and Consumer Acts Further 5 Amendment Act 2007, a licensee operates more than 1 public weighbridge under a public weighbridge licence. (2) On the commencement-- (a) each public weighbridge is taken to be 10 licensed under a separate public weighbridge licence; and (b) a separate periodic licence fee is not payable because of paragraph (a) until the day the periodic licence fee is 15 payable under section 52 after the commencement. (3) Also, if, after the commencement-- (a) a licence for a public weighbridge that is taken under subsection (2)(a) to be 20 licensed under a separate public weighbridge licence pays a separate periodic licence fee for the public weighbridge; and (b) the administering authority decides the 25 weighbridge is still suitable for use as a public weighbridge-- the licensing authority must issue to the licensee a separate public weighbridge licence for the weighbridge with a 30 weighbridge suitability statement on it in force for the period for which the fee payable in relation to the statement has been paid.". __________________ 561098B.I-31/10/2007 35 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 8--Trade Measurement (Administration) Act 1995 s. 52 PART 8--TRADE MEASUREMENT (ADMINISTRATION) ACT 1995 52 Other fees and charges may be prescribed See: (1) After section 11(1)(c) of the Trade Measurement Act No. 5 60/19995. (Administration) Act 1995 insert-- Reprint No. 1 as at "(ca) fees payable for providing weighbridge 12 August 1999 suitability statements or duplicates of and weighbridge suitability statements;". amending Act Nos (2) After section 11(3) of the Trade Measurement 17/2000, 10 44/2001, (Administration) Act 1995 insert-- 108/2004 and 32/2006. "(4) For this section, it does not matter whether Law Today: the fee prescribed for a public weighbridge www. legislation. licence and a weighbridge suitability vic.gov.au statement is a combined fee for the same 15 period.". __________________ 561098B.I-31/10/2007 36 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 9--Amendments and Repeals s. 53 PART 9--AMENDMENTS AND REPEALS Division 1--Repeals 53 Repeal of Frustrated Contracts Act 1959 See: Act No. 6539. The Frustrated Contracts Act 1959 is repealed. Law Today: www. legislation. vic.gov.au 5 54 Repeal of Hire-Purchase Act 1959 See: Act No. 6531. The Hire-Purchase Act 1959 is repealed. Reprint No. 4 as at 22 April 1999 and amending Act Nos 3/2000 and 79/2000. Law Today: www. legislation. vic.gov.au Division 2--Consequential and other amendments 55 Chattel Securities Act 1987 See: Act No. 15/1987. In section 3(1) of the Chattel Securities Act Reprint No. 3 10 1987-- as at 10 May 2007. (a) for the definition of hire-purchase Law Today: www. agreement substitute-- legislation. vic.gov.au "hire-purchase agreement has the same meaning as in the Fair Trading Act 15 1999;"; (b) for the definition of hirer substitute-- "hirer means the person to whom goods are let, hired or agreed to be sold under a hire-purchase agreement and includes a 561098B.I-31/10/2007 37 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 9--Amendments and Repeals s. 56 person to whom the hirer's rights or liabilities under the agreement have passed by assignment or by operation of law;"; 5 (c) for the definition of owner substitute-- "owner means the person letting, hiring or agreeing to sell goods under a hire- purchase agreement and includes a person to whom the owner's property in 10 the goods or any of the owner's rights or liabilities under the agreement have passed by assignment or operation of law;". See: 56 Credit Act 1984 Act No. 10097. 15 Reprint No. 4 In section 5(1) of the Credit Act 1984, in the as at definition of security interest for "Hire-Purchase 23 February 2007 Act 1959" substitute "Fair Trading Act 1999". and amending Act Nos 34/1991 and 69/2006. Law Today: www. legislation. vic.gov.au See: 57 Local Government Act 1989 Act No. 11/1989. Reprint No. 9 Section 111A of the Local Government Act 1989 20 as at is repealed. 1 April 2007 and amending Act No. 26/2007. Law Today: www. legislation. vic.gov.au 561098B.I-31/10/2007 38 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Part 9--Amendments and Repeals s. 58 58 Public Transport Competition Act 1995 See: Act No. In section 3(1) of the Public Transport 68/1995. Competition Act 1995, in the definition of hire Reprint No. 2 as at and drive service for "Hire-Purchase Act 1959" 17 June 2004 5 substitute "Fair Trading Act 1999". and amending Act Nos 95/2005, 9/2006 and 47/2006. Law Today: www. legislation. vic.gov.au 59 Road Safety Act 1986 See: Act No. 127/1986. In section 3(1) of the Road Safety Act 1986 in Reprint No. 10 the definition of hire-purchase agreement for as at 9 November "Hire-Purchase Act 1959" substitute "Fair 2006 10 Trading Act 1999". and amending Act Nos 19/1991, 97/2005, 48/2006, 81/2006, 14/2007 and 30/2007. Law Today: www. legislation. vic.gov.au 60 Amendments to Consumer Acts 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 that item. 15 Division 3--Repeal of Amending Act 61 Repeal of amending Act This Act is repealed on 1 December 2009. __________________ 561098B.I-31/10/2007 39 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Sch. SCHEDULE AMENDMENTS TO CONSUMER ACTS 1 Associations Incorporation Act 1981 After section 50C(1) insert-- 5 "(1AA) For the purposes of subsection (1), section 152A of the Fair Trading Act 1999 applies as if-- (a) a reference in that section to any section of the Fair Trading Act 1999 10 were a reference to section 106HA of that Act (as applied by subsection (1)); and (b) section 152A(2) did not apply.". 2 Business Names Act 1962 15 After section 29(1) insert-- "(1AA) For the purposes of subsection (1), section 152A of the Fair Trading Act 1999 applies as if-- (a) a reference in that section to any 20 section of the Fair Trading Act 1999 were a reference to section 106HA of that Act (as applied by subsection (1)); and (b) section 152A(2) did not apply.". 25 3 Domestic Building Contracts Act 1995 After section 124A(2) insert-- "(2AA) For the purposes of subsection (2), section 152A of the Fair Trading Act 1999 applies as if a reference in that section to any section 30 of that Act were a reference to that section as applied by subsection (1) or (2).". 561098B.I-31/10/2007 40 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Sch. 4 Estate Agents Act 1980 4.1 After section 70W insert-- "70WA Powers of court if requirement to produce information not complied with 5 (1) If the Director is satisfied that a person has, without reasonable excuse, failed to comply with a requirement under section 70F, the Director may certify that failure to a court. (2) Subject to subsection (3), if an inspector is 10 satisfied that a person has, without reasonable excuse, failed to comply with a requirement of the inspector under section 70C, 70D, 70F or 70S, the inspector may certify that failure to a court. 15 (3) The inspector cannot certify a failure to a court under subsection (2) if the person to whom the failure relates has been charged with an offence against section 70T. (4) If the Director or an inspector so certifies 20 under subsection (1) or (2), the court may inquire into the case and may order the person to comply with the requirement within the period specified by the court. (5) If a proceeding is brought under this section 25 in relation to a failure to comply with a requirement, a person to whom the failure relates cannot be charged with an offence against section 70T in respect of that failure.". 30 4.2 In section 93A(1) for "section 155" substitute "sections 152A and 155". 561098B.I-31/10/2007 41 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Sch. 5 Fundraising Appeals Act 1998 After section 68(1) insert-- "(1AA) For the purposes of subsection (1), section 152A of the Fair Trading Act 1999 5 applies as if-- (a) a reference in that section to any section of the Fair Trading Act 1999 were a reference to section 106HA of that Act (as applied by subsection (1)); 10 and (b) section 152A(2) did not apply.". 6 Introduction Agents Act 1997 After section 69(1) insert-- "(1AA) For the purposes of subsection (1), 15 section 152A of the Fair Trading Act 1999 applies as if-- (a) a reference in that section to any section of the Fair Trading Act 1999 were a reference to section 106HA of 20 that Act (as applied by subsection (1)); and (b) section 152A(2) did not apply.". 7 Motor Car Traders Act 1986 7.1 After section 82AT insert-- 25 "82ATA Powers of court if requirement to produce information not complied with (1) If the Director is satisfied that a person has, without reasonable excuse, failed to comply with a requirement under section 82AD, the 30 Director may certify that failure to a court. 561098B.I-31/10/2007 42 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Sch. (2) Subject to subsection (3), if an inspector is satisfied that a person has, without reasonable excuse, failed to comply with a requirement of the inspector under section 5 82AA, 82AB, 82AD or 82AQ, the inspector may certify that failure to a court. (3) The inspector cannot certify a failure to a court under subsection (1) if the person to whom the failure relates has been charged 10 with an offence against section 82AR. (4) If the Director or an inspector so certifies under subsection (1) or (2), the court may inquire into the case and may order the person to comply with the requirement 15 within the period specified by the court. (5) If a proceeding is brought under this section in relation to a failure to comply with a requirement, a person to whom the failure relates cannot be charged with an offence 20 against section 82AR in respect of that failure.". 7.2 In section 82I(1) for "section 155" substitute "sections 152A and 155". 8 Petroleum Products (Terminal Gate Pricing) 25 Act 2000 After section 11(2) insert-- "(2AA) For the purposes of subsection (2), section 152A of the Fair Trading Act 1999 applies as if a reference in that section to any section 30 of that Act were a reference to that section as applied by subsection (1) or (2).". 561098B.I-31/10/2007 43 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Sch. 9 Prostitution Control Act 1994 9.1 After section 61W insert-- "61WA Powers of court if requirement to produce information not complied with 5 (1) Subject to subsection (3), if the Director is satisfied that a person has, without reasonable excuse, failed to comply with a requirement under section 61G, the Director may certify that failure to a court. 10 (2) Subject to subsection (3), if an inspector is satisfied that a person has, without reasonable excuse, failed to comply with a requirement of the inspector under section 61D, 61E, 61G or 61T, the inspector may 15 certify that failure to a court. (3) The Director or an inspector cannot certify a failure to a court under subsection (1) or (2) if the person to whom the failure relates has been charged with an offence against 20 section 61U. (4) If the Director or an inspector so certifies under subsection (1) or (2), the court may inquire into the case and may order the person to comply with the requirement 25 within the period specified by the court. (5) If a proceeding is brought under this section in relation to a failure to comply with a requirement, a person to whom the failure relates cannot be charged with an offence 30 against section 61U in respect of that failure.". 9.2 In section 86A(1) for "section 155" substitute "sections 152A and 155". 561098B.I-31/10/2007 44 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Sch. 10 Residential Tenancies Act 1997 After section 507A(2) insert-- "(2AA) For the purposes of subsection (2), section 152A of the Fair Trading Act 1999 applies 5 as if a reference in that section to any section of that Act were a reference to that section as applied by subsection (1) or (2).". 11 Retirement Villages Act 1986 After section 40(2) insert-- 10 "(2A) For the purposes of subsection (2), section 152A of the Fair Trading Act 1999 applies as if a reference in that section to any section of that Act were a reference to that section as applied by subsection (1) or (2).". 15 12 Sale of Land Act 1962 After section 48A(1) insert-- "(1AA) For the purposes of subsection (1), section 152A of the Fair Trading Act 1999 applies as if-- 20 (a) a reference in that section to any section of the Fair Trading Act 1999 were a reference to section 106HA of that Act (as applied by subsection (1)); and 25 (b) section 152A(2) did not apply.". 13 Second-Hand Dealers and Pawnbrokers Act 1989 13.1 After section 26W insert-- "26WA Powers of court if requirement to produce information not complied with 30 (1) If the Director is satisfied that a person has, without reasonable excuse, failed to comply with a requirement under section 26G, the Director may certify that failure to a court. 561098B.I-31/10/2007 45 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Sch. (2) Subject to subsection (3), if an inspector is satisfied that a person has, without reasonable excuse, failed to comply with a requirement of the inspector under section 5 26D, 26E, 26G or 26T, the inspector may certify that failure to a court. (3) The inspector cannot certify a failure to a court under subsection (2) if the person to whom the failure relates has been charged 10 with an offence against section 26U. (4) If the Director or an inspector so certifies under subsection (1) or (2), the court may inquire into the case and may order the person to comply with the requirement 15 within the period specified by the court. (5) If a proceeding is brought under this section in relation to a failure to comply with a requirement, a person to whom the failure relates cannot be charged with an offence 20 against section 26U in respect of that failure.". 13.2 In section 30(1) for "section 155" substitute "sections 152A and 155". 14 Travel Agents Act 1986 25 14.1 After section 39V insert-- "39VA Powers of court if requirement to produce information not complied with (1) Subject to subsection (3), if the Director is satisfied that a person has, without 30 reasonable excuse, failed to comply with a requirement under section 39F, the Director may certify that failure to a court. (2) Subject to subsection (3), if an inspector is satisfied that a person has, without 35 reasonable excuse, failed to comply with a 561098B.I-31/10/2007 46 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Sch. requirement of the inspector under section 39C, 39D, 39F or 39S, the inspector may certify that failure to a court. (3) The Director or an inspector cannot certify a 5 failure to a court under subsection (1) or (2) if the person to whom the failure relates has been charged with an offence against section 39T. (4) If the Director or an inspector so certifies 10 under subsection (1) or (2), the court may inquire into the case and may order the person to comply with the requirement within the period specified by the court. (5) If a proceeding is brought under this section 15 in relation to a failure to comply with a requirement, a person to whom the failure relates cannot be charged with an offence against section 39T in respect of that failure.". 20 14.2 In section 44(1) for "section 155" substitute "sections 152A and 155". 15 Utility Meters (Metrological Controls) Act 2002 After section 63(1) insert-- "(1AA) For the purposes of subsection (1), section 25 152A of the Fair Trading Act 1999 applies as if-- (a) a reference in that section to any section of the Fair Trading Act 1999 were a reference to section 106HA of 30 that Act (as applied by subsection (1)); and (b) section 152A(2) did not apply.". 561098B.I-31/10/2007 47 BILL LA INTRODUCTION 31/10/2007

Fair Trading and Consumer Acts Further Amendment Bill 2007 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561098B.I-31/10/2007 48 BILL LA INTRODUCTION 31/10/2007

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