Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 32NA

Exemption from waiver form requirement

32NA. Exemption from waiver form requirement



(1) The Governor in Council, on the recommendation of the Minister, may, by
order published in the Government Gazette, provide that a specified term of a
contract of supply of recreational services, or a class of such term, does not
need to comply with the requirements of section 32N(2)(c)(i).

(2) The Governor in Council may make an Order under this section subject to
any conditions the Governor in Council thinks fit and specifies in the Order.

(3) An Order under this section has effect according to its terms.

(4) The Governor in Council, on the recommendation of the Minister, may, by
Order published in the Government Gazette, vary or revoke an Order made under
this section.

(5) An Order made under this section ceases to have effect on-

   (a)  the expiry of the anniversary of the date the Order was published in
        the Government Gazette; or

   (b)  if an earlier expiry date is specified in the Order, that earlier
        date.

(6) On or before the 6th sitting day after an Order under this section is
published in the Government Gazette, the Minister must ensure that a copy of
the Order is laid before each House of the Parliament.

(7) A failure to comply with subsection (6) does not affect the operation or
effect of the Order but the Scrutiny of Acts and Regulations Committee of the
Parliament may report the failure to each House of Parliament.

(8) An Order may be disallowed in whole or in part by either House of
Parliament.

(9) Part 5 of the Subordinate Legislation Act 1994 applies to an Order as if-

(a) a reference in that Part to a "statutory rule" were a reference to the
Order; and

   (b)  a reference in section 23(1)(c) of that Part to "section 15(1)" were a
        reference to subsection (6) of this section.