DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 124A Application of provisions of Australian Consumer Law and Fair Trading Act 2012

DOMESTIC BUILDING CONTRACTS ACT 1995 - SECT 124A

    (1)     Part 6.4 of the Australian Consumer Law and Fair Trading Act 2012 (except sections 152 and 153) extends and applies (with any necessary modifications) to this Act as if any reference in that Part to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.

    (2)     Sections 125, 195 and 196 and Part 8.2 (except section 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.

    (3)     For the purposes of subsection (2)—

        (a)     section 209 of the Australian Consumer Law and Fair Trading Act 2012 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);

        (b)     section 210 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to Part 3.1 or Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act;

        (c)     section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—

              (i)     proceedings for an offence against a provision of this Act (except an offence applied by subsection (1)); or

              (ii)     proceedings on an application for an injunction under section 201, 202, 203, 205 or 206 of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (2)) against a person alleged to have contravened a provision of this Act (except an offence applied by subsection (1)); or

              (iii)     proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (2)).

S. 124A(4) inserted by No. 12/2015 s. 21(Sch. 1 item 3).

    (4)     In this section—

"this Act" includes the regulations.