Victorian Consolidated Legislation

Retirement Villages Act 1986 - SECT 40

Application of Fair Trading Act 1999

40. Application of Fair Trading Act 1999



(1) Part 10 of the Fair Trading Act 1999 (except sections 120, 121 and 130)
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 sections
151A, 151B, 151C, 153, 153A and 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.

(2A) 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).

(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 or 150 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)).