Victorian Consolidated Legislation

Funerals Act 2006 - SECT 54

Incorporation of provisions of Fair Trading Act 1999

54. Incorporation of provisions of Fair Trading Act 1999



(1) Sections 143 and 144 and Division 2 of Part 11 (other than section 156) of
the Fair Trading Act 1999 extend and apply (with any necessary modifications)
to this Act as if a reference in any of those provisions to that Act were a
reference to this Act.

(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 Act.

(2) For the purposes of subsection (1), 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;

   (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 (1)) against a person alleged to have contravened a
        provision of this Act;

   (c)  proceedings on an application for-

   (i)  an order under section 158; or

   (ii) damages under section 159- of the Fair Trading Act 1999 (as applied by
        subsection (1)).

(3) For the purposes of subsection (1), section 155 of the
Fair Trading Act 1999 applies as if-

(a) in subsection (1), the words "in relation to a contravention of a
prescribed provision" were omitted; and

   (b)  subsections (4) and (5) were omitted.

Division 3-Powers of inspectors