Victorian Consolidated Legislation

Domestic Building Contracts Act 1995 - SECT 124A

Application of provisions of Fair Trading Act 1999

124A. Application of provisions of Fair Trading Act 1999



(1) Part 10 of the Fair Trading Act 1999 (except sections 120 and 121) extends
and applies (with any necessary modifications) to this Act as if any reference
in that Part to the Fair Trading Act 1999 were a reference to this Act.

(2) Sections 106HA, 143 and 144 and Division 2 of Part 11 (except section 155)
of the Fair Trading Act 1999 extend and apply (with any necessary
modifications) to this Act as if any reference in those provisions to the
Fair Trading Act 1999 were a reference to this Act.

(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
of that Act were a reference to that section as applied by subsection (1) or
(2).

(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 Act.

(3) For the purposes of subsection (2), section 154 of the
Fair Trading Act 1999 applies as if a reference to prescribed proceedings were
a reference to-

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

   (b)  proceedings on an application for an injunction under section 149,
        149A, 150, 151A or 151B of the Fair Trading Act 1999 (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

   (c)  proceedings on an application for an order under section 158, or for
        damages under section 159, of the Fair Trading Act 1999 (as applied by
        subsection (2)).