Victorian Consolidated Legislation

FAIR TRADING ACT 1999

No. 16 of 1999
Version incorporating amendments as at  1 September 2011

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purposes
   2.      Commencement
   3.      Definitions
   4.      Repealed
   5.      Crown bound
   6.      Extra-territorial application of this Act

   PART 2-THE AUSTRALIAN CONSUMER LAW

           Division 1-Definitions

   7.      Definitions

           Division 2-Application of Australian Consumer Law

   8.      The Australian Consumer Law text
           8A, 8B. Repealed
   9.      Application of Australian Consumer Law
   10.     Future modifications of Australian Consumer Law text
   11.     Meaning of generic terms in Australian Consumer Law for purposes of this jurisdiction
   12.     Interpretation of Australian Consumer Law
   13.     Application of Australian Consumer Law

           Division 3-References to Australian Consumer Law

   14.     References to Australian Consumer Law
   15.     References to Australian Consumer Law of other jurisdictions

           Division 4-Application of Australian Consumer Law to Crown

   16.     Division does not apply to Commonwealth
   17.     Application law of this jurisdiction
   18.     Application law of other jurisdictions
   19.     Activities that are not business
   20.     Crown not liable to pecuniary penalty or prosecution

           Division 5-Miscellaneous

   21.     Conferral of functions and powers on certain bodies
   22.     No doubling-up of liabilities
           23-32. Repealed

   PART 2A-IMPLIED CONDITIONS AND WARRANTIES IN CERTAIN CONTRACTS OF SUPPLY

           Division 1-Interpretation

   32A.    Definitions
           32B-32C Repealed

           Division 2-Application of Part

           32CA-32F Repealed
   32FA.   Application of Goods Act 1958 to contracts of supply

           Division 3-Supply of goods or services

           32G-32MA Repealed
   32N.    Limitation of liability in relation to supply of recreational services
   32NA.   Exemption from waiver form requirement
           32NB, 32O Repealed
   32OA.   Rescission for innocent misrepresentation
   32P.    Discharge or rescission of contract of supply of goods
   32PA.   When does a discharge or rescission have effect?
   32Q.    Liability of supplier and person conducting antecedent negotiations
   32QA.   Indemnity for supplier or dealer
   32R.    Certain contracts or provisions void
   32RA.   Penalty for including void provision relating to antecedent negotiations

           Division 4-General

   32S.    Repealed
   32SA.   Limit of liability of guarantors
   32T.    Limit of liability under security
   32TA.   Contract of supply not illegal etc.

   PART 2B-Repealed

           32U-32ZDA Repealed

   PART 2C-FRUSTRATED CONTRACTS

           Division 1-Introductory

   32ZE.   Definitions
   32ZF.   Contracts to which this Part applies

           Division 2-Consequences of frustration of contract

   32ZG.   Adjustment of amounts paid or payable to parties to discharged contracts
   32ZH.   Court may allow amounts paid or payable to be recovered or paid
   32ZI.   Parties to pay an amount for valuable benefits obtained
   32ZJ.   Calculation of expenses incurred
   32ZK.   Circumstances in which amounts payable under contract of insurance excluded

           Division 3-General

   32ZL.   Circumstances in which contract provisions continue to have effect despite frustration
   32ZM.   Performed part of contract not frustrated
   32ZN.   Nature of action
   32ZO.   Limitation period

   PARTS 3-5-Repealed

           33-93. Repealed

   PART 5AA-INTRODUCTION AGENTS

           Division 1-Interpretation

   93AA.   Definitions
   93AB.   Meaning of introduction agent
   93AC.   Meaning of introduction service
   93AD.   Who carries on a business?
   93AE.   Introduction agency not to use sex work service premises

           Division 2-Persons who are not introduction agents

   93AF.   Effect of this Division
   93AG.   Exemption for activities with a community purpose
   93AH.   Exemption for non-profit activities
   93AI.   Exemption for publishers of advertisements etc.
   93AJ.   Exemption for information service providers
   93AK.   Exemption for organisers of dances etc.
   93AL.   Other exemptions

           Division 3-Persons who must not act as introduction agents

   93AM.   Certain persons not to act as introduction agents

           Division 4-Permission for disqualified persons to act as introduction agents

   93AN.   Disqualified person may apply for permission to act as an introduction agent
   93AO.   Permission to act as an introduction agent
   93AP.   Authority may impose conditions on permission
   93AQ.   Application for review

           Division 5-Introduction agreements

   93AR.   What must an introduction agreement contain?
   93AS.   Restriction on prepayments
   93AT.   Person may withdraw from agreement within 3 days without penalty

   PART 5A-FAIR REPORTING

   93A.    Definitions
   93B.    Correction of errors
   93C.    Consumer may apply to court where agent fails to correct information etc.
   93D.    Powers of Court on application

   PART 5B-DEBT COLLECTION

           Division 1-Preliminary

   93E.    Definitions

           Division 2-Offences

   93F.    Certain persons prohibited from engaging in debt collection
   93G.    Applications by prohibited persons for permission to engage in debt collection
   93H.    Permission from the Authority
   93I.    Authority may impose conditions
   93J.    Application for review
   93K.    Offence to charge debtor for cost of debt collection
   93L.    Offence to purchase debt for the purpose of collection
   93M.    Prohibited debt collection practices
   93N.    Additional remedy for contraventions of section 93M.

   PART 6-CODES OF PRACTICE

   94.     Preparation of draft code of practice by the Director
   95.     Consideration of draft code of practice prepared by other
           persons
   96.     Prescribing codes of practice
   97.     Offence to breach code of practice

   PART 7-ADMINISTRATION

           Division 1-General

   98.     Director of Consumer Affairs Victoria
   99.     Staff
   100.    Functions and powers of the Director
   101.    Powers of delegation
   102.    Director's report

           Division 2-Victorian Consumer Law Fund

   102A.   Definition
   102B.   Victorian Consumer Law Fund

           102C. Order for payment to non-party consumers

   102D.   Special purpose grants
   102E.   Administration expenses

   PART 8-POWERS OF DIRECTOR

           Division 1-Disputes

   103.    Making a complaint
   104.    Conciliation and mediation
   105.    Powers of the Director in relation to proceedings on behalf of consumers
   106.    Proceedings and costs
   106AA.  Grants of legal assistance
   106AB.  Costs and expenses relating to proceedings to which assisted person is a party

           Division 2-Suppliers

   106A.   Repealed
   106B.   Show cause notice

           Division 3-Licence suspension

   106C.   Definitions
   106D.   Director may suspend licence
   106E.   Effect of suspension
   106F.   Lapsing or continuation of suspension
   106G.   Extension of period
   106H.   Right of review

           Division 4-Obtaining information, documents and evidence

   106HA.  Power to obtain information and documents to monitor compliance
   106I.   Power to obtain information, documents and evidence
   106J.   Powers in relation to documents
   106K.   Copies of seized documents
   106L.   Retention and return of seized documents
   106M.   Magistrates' Court may extend 3 month period
   106N.   Complaints
   106O.   Service of documents
   106P.   Information sharing

   PART 9-FUNCTIONS OF TRIBUNAL

   107.    What is a consumer and trader dispute?
   107A.   What is a small claim?
   108.    Settlement of consumer and trader disputes or small claims
   109.    Additional powers of Tribunal
   110.    Who can ask the Tribunal to resolve a consumer and trader dispute?
   111.    Exclusion of other jurisdiction
   112.    More appropriate forum
   112A.   Small claim commenced in a court
   112B.   Small Claims Suspense Account
   113.    Tribunal may hear dispute regardless of related criminal proceedings
   113A.   Tribunal may order the provision of information

   PART 10-INSPECTION POWERS

   114.    Appointment of inspectors
   115.    Inspector's identity card
   116.    Production of identity card
   117.    Inspector may seek Court order
   118.    Requirement to produce information
   119.    Entry or search with consent
   120.    Entry of premises open to the public
   121.    Emergency entry
   121A.   Entry without consent or warrant
   122.    Search warrants
   123.    Announcement before entry
   124.    Details of warrant to be given to occupier
   125.    Seizure of things not mentioned in the warrant
   126.    Embargo notice
   126A.   Use or seizure of electronic equipment at premises
   126B.   Monitoring compliance with embargo notices
   127.    Copies of seized documents
   128.    Retention and return of seized documents or things
   129.    Magistrates' Court may extend 3 month period
   129A.   Court may order destruction of dangerous goods
   130.    Taking samples
   131.    Requirement to assist inspector during entry
   132.    Refusal or failure to comply with requirement
   133.    Protection against self-incrimination
   134.    Offence to give false or misleading information
   135.    Offence to hinder or obstruct inspector
   136.    Offence to impersonate inspector
   137.    Entry to be reported to the Director
   138.    Register of exercise of powers of entry
   139.    Complaints
   140.    Service of documents
   141.    Confidentiality

   PART 11-ENFORCEMENT AND REMEDIES

           Division 1-General enforcement provisions

   142.    Prosecutions of offences
   142A.   Who can bring proceedings for offences?
   143.    Contraventions by bodies corporate
   144.    Conduct by officers, employees or agents

           Division 2-Remedies and legal proceedings

   145.    Interpretation
   146.    Undertakings
   147.    Copy of undertaking
   148.    Register of undertakings
   149.    Injunctions to restrain conduct
   149A.   Injunctions to do an act or thing
   150.    Interim injunctions
   151.    Power to rescind or vary injunctions
   151A.   Cease trading injunctions
   151B.   Interim cease trading injunctions
   151C.   Power to rescind or vary cease trading injunctions
   152.    Undertakings as to damages and costs
   152A.   Powers of court if requirement of Director or inspector not complied with
   153.    Non-punitive orders-Corrective advertising orders
   153A.   Punitive orders-Adverse publicity orders
   154.    Orders to prohibit payment of money or transfer of other
           property
   155.    Defences
   156.    Evidence
   157.    Findings in proceedings to be evidence
   158.    Orders against persons found to have contravened this Act
   159.    Actions for damages
   160.    Awards of compensation

           Division 3-Infringement notices

   160A.   Power to serve a notice

           Division 4-Safety and information requirements

   160B.   Interim bans, recall notices and safety warning notices
   160C.   Notice of ban or notice
   160D.   Review of ban order or compulsory recall notice

           Division 5-Enforcement of Australian Consumer Law (Victoria)

   160E.   References to courts and the Tribunal
   160F.   Jurisdiction of courts and the Tribunal
   160G.   Jurisdictional limit of Magistrates' Court not to apply to pecuniary penalties under Australian Consumer Law (Victoria)
   160H.   Orders against persons found to have contravened Australian Consumer Law (Victoria)

   PART 12-MISCELLANEOUS

   161.    Repealed
   161A.   Application of Australian Consumer Law (Victoria) in respect of bills and receipts under Legal Profession
           Act 2004.
           162AA-162 Repealed
   162A.   Public warning statements
   163.    Repealed
   163A.   Complaints etc. are privileged
   163B.   Disapplication of certain provisions to Australian Consumer Law (Victoria)
   164.    Supreme Court-limitation of jurisdiction
   165.    Regulations

   PART 13-SAVINGS AND TRANSITIONAL

           166-169. Repealed
   170.    Savings and transitional provisions
           __________________
           SCHEDULE 1-Consumer Acts
           SCHEDULE 1A-You have a Right to withdraw from this Agreement within 3 Days
           SCHEDULE 2-Repealed
           SCHEDULE 3-Savings and Transitional
           1. Superseded references
           2. Actions commenced by Director or Secretary
           3. Inspectors
           4. Regulations
           5. Orders
           6. Superseded references to Director of Fair Trading and Office of Fair Trading and Business Affairs
           7. Actions commenced by Director
           8. Superseded references
           9. Actions commenced by Director
           10. Validation of ban orders
           11. Continuation of existing small claims
           12. Continuation of existing hire-purchase agreements
           13. Transitional-references to the Frustrated Contracts
           Act 1959.
           14. Transitional provisions-Fair Trading and Other Acts Amendment Act 2009.
           15. Transitional-Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009.
           16. Transitional-Consumer Affairs Legislation Amendment Act 2010.
           17. Transitional-Repeal of Trade Measurement Act 1995.
           18. Transitional-Repeal of Trade Measurement
           (Administration) Act 1995.
           19. Transitional-Transfer of information for the purpose of the National Measurement Act 1960 of the Commonwealth
           19A. Transitional provision-repeal of Part 2B.
           19B. Transitional-jurisdiction of the Tribunal
           19C. Savings-Fair Trading (Information Standard) (Australian Builders Plate Standard) Regulations 2009.
           19D. Regulations dealing with transitional matters
           20. Transitional provision-Fair Trading Amendment (Unfair Contract Terms) Act 2010.
           _______________
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details