Victorian Consolidated Legislation

Year 2000 Information Disclosure Act 1999 - SECT 9

Exceptions

9. Exceptions



(1) The rules in section 8 do not apply to a person (the first person) if-

   (a)  the Year 2000 disclosure statement is false or misleading in a
        material particular and the first person-

   (i)  knew that the statement was false or misleading in a material
        particular; or

   (ii) was reckless as to whether the statement was false or misleading in a
        material particular; or

   (b)  all of the following conditions are satisfied-

   (i)  the Year 2000 disclosure statement was made to another person
        (otherwise than in the other person's capacity as a member of the
        public or of a section of the public) in connection with the formation
        of a contract;

   (ii) the other person, or a representative of the other person, is a party
        to the civil action;

   (iii) the civil action relates to the contract.

(2) The rules in section 8 do not apply to a Year 2000 disclosure statement
if-

   (a)  the Year 2000 disclosure statement was made in fulfilment of an
        obligation imposed under a contract; or

   (b)  the Year 2000 disclosure statement was made in fulfilment of an
        obligation imposed under a law of the Commonwealth, a State or a
        Territory.

(3) The rules in section 8 do not apply to a civil action if-

   (a)  all of the following conditions are satisfied-

   (i)  the Year 2000 disclosure statement was made for the sole or dominant
        purpose of inducing persons to acquire goods or services identified in
        the statement;

   (ii) any of those persons acquired the goods or services as a consumer;

   (iii) the consumer concerned, or a representative of the consumer
        concerned, is a party to the civil action;

   (iv) the civil action relates to the goods or services acquired by the
        consumer; or

   (b)  all of the following conditions are satisfied-

   (i)  the Year 2000 disclosure statement was made for the sole or dominant
        purpose of inducing a particular consumer to acquire goods or services
        identified in the statement;

   (ii) the consumer acquired the goods or services;

   (iii) the consumer, or a representative of the consumer, is a party to the
        civil action;

   (iv) the civil action relates to the goods or services acquired by the
        consumer.

(4) The rules in section 8 do not apply to a civil action to the extent to
which-

   (a)  the civil action consists of proceedings for a restraining injunction
        or for declaratory relief; or

   (b)  the civil action consists of proceedings instituted by a person or
        body under a law of the Commonwealth, a State or a Territory-

   (i)  in the performance of a regulatory or enforcement function conferred
        on the person or body by such a law; or

   (ii) in the exercise of a regulatory or enforcement power conferred on the
        person or body by such a law; or

   (c)  the civil action is an action for infringement of copyright, a trade
        mark, a design or a patent.

(5) The paragraphs of subsections (1), (2), (3) and (4) do not limit each
other.

(6) Section 4B of the Trade Practices Act 1974 of the Commonwealth applies for
the purposes of subsection (3)(a) and (b) of this section in a corresponding
way to the way in which it applies for the purposes of the
Trade Practices Act 1974 of the Commonwealth.

(7) For the purposes of subsection (6), it is to be assumed that a reference
in section 4B of the Trade Practices Act 1974 of the Commonwealth to services
does not include a reference to financial services (within the meaning of that
Act).

(8) Section 12BC of the Australian Securities and Investments Commission Act
1989 of the Commonwealth applies for the purposes of subsection (3)(a) and (b)
of this section in a corresponding way to the way in which it applies for the
purposes of Division 2 of Part 2 of that Act.