Victorian Consolidated Legislation

Second-Hand Dealers and Pawnbrokers Act 1989 - SECT 30

Application of Fair Trading Act 1999

30. Application of Fair Trading Act 1999







(1) Sections 143 and 144 and Division 2 of Part 11 (except sections 152A 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.

(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 (except
        Divisions 1 and 2 of Part 5 and section 28A(2)); 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 (1)) against a person alleged to have contravened a
        provision of this Act (except Divisions 1 and 2 of Part 5 and section
        28A(2)); 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 (1)).