AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012)
Table of Provisions
PART 2.1--DEFINITIONS
- 6 Definitions
PART 2.2--APPLICATION OF AUSTRALIAN CONSUMER LAW
- 7 The Australian Consumer Law text
- 8 Application of Australian Consumer Law
- 9 Future modifications of Australian Consumer Law text
- 10 Meaning of generic terms in Australian Consumer Law for purposes of this jurisdiction
- 11 Interpretation of Australian Consumer Law
- 12 Application of Australian Consumer Law
PART 2.3--REFERENCES TO AUSTRALIAN CONSUMER LAW
- 13 References to Australian Consumer Law
- 14 References to Australian Consumer Law of other jurisdictions
PART 2.4--APPLICATION OF AUSTRALIAN CONSUMER LAW TO CROWN
- 15 Part does not apply to Commonwealth
- 16 Application law of this jurisdiction
- 17 Application law of other jurisdictions
- 18 Activities that are not business
- 19 Crown not liable to pecuniary penalty or prosecution
PART 2.5--MISCELLANEOUS
PART 3.1--IMPLIED CONDITIONS AND WARRANTIES IN CERTAIN CONTRACTS OF SUPPLY
Division 1--Supply of goods or services
- 22 Limitation of liability in relation to supply of recreational services
- 23 Exemption from waiver form requirement
- 24 Rescission for innocent misrepresentation
- 25 Discharge or rescission of contract of supply of goods
- 26 When does a discharge or rescission have effect?
- 27 Liability of supplier and person conducting antecedent negotiations
- 28 Indemnity for supplier or dealer
- 29 Certain contracts or provisions void
- 30 Penalty for including void provision relating to antecedent negotiations
Division 2--General
- 31 Application of Goods Act 1958 to contracts of supply
- 32 Limit of liability of guarantors
- 33 Limit of liability under security
- 34 Contract of supply not illegal etc.
PART 3.2--FRUSTRATED CONTRACTS
Division 1--Introductory
- 35 Contracts to which this Part applies
Division 2--Consequences of frustrated contract
- 36 Adjustment of amounts paid or payable to parties to discharged contracts
- 37 Court may allow amounts paid or payable to be recovered or paid
- 38 Parties to pay an amount for valuable benefits obtained
- 39 Calculation of expenses incurred
- 40 Circumstances in which amounts payable under contract of insurance excluded
Division 3--General
- 41 Circumstances in which contract provisions continue to have effect despite frustration
- 42 Performed part of contract not frustrated
- 43 Nature of action
- 44 Limitation period
PART 4.1--DEBT COLLECTION
- 45 Prohibited debt collection practices
- 46 Additional remedy for contraventions of section 45
- 47 Certain persons prohibited from engaging in debt collection
- 48 Applications by prohibited persons for permission to engage in debt collection
- 49 Permission from the Authority
- 50 Authority may impose conditions
- 51 Application for review
- 52 Offence to charge debtor for cost of debt collection
- 53 Offence to purchase debt for the purpose of collection
PART 4.2--DISPOSAL OF UNCOLLECTED GOODS
Division 1--Preliminary
Division 2--Disposal of Uncollected Goods
- 58 Receiver may dispose of uncollected goods
- 59 Payment of relevant charge
- 60 Low value uncollected goods
- 61 Medium value uncollected goods
- 62 High value uncollected goods
- 63 Additional requirement for disposal of motor vehicles
- 64 Details of registered operator
- 65 Perishable goods
- 66 Form of notices under this Division
- 67 Giving notice
Division 3--Applications to court, court order and related provisions
- 68 Application to court for disposal order
- 69 Other applications to court
- 70 Court orders
- 71 Payment of relevant charge
- 72 Effect of other proceeding
Division 4--Miscellaneous
- 73 Proceeds of sale
- 74 Records held by receiver
- 75 Good title
- 76 Receiver to provide purchaser of motor vehicle with receipt
- 77 Application of other provisions
PART 4.3--FAIR REPORTING
- 78 Correction of errors
- 79 Consumer may apply to Magistrates' Court where agent fails to correct information etc.
- 80 Powers of Court on application
PART 5.1--INTRODUCTION AGENTS
Division 1--Interpretation
- 81 Meaning of introduction agent
- 82 Meaning of introduction service
- 83 Who carries on a business?
- 84 Introduction agency not to use sex work service premises
Division 2--Persons who are not introduction agents
- 85 Effect of this Division
- 86 Exemption for activities with a community purpose
- 87 Exemption for non-profit activities
- 88 Exemption for publishers of advertisements etc.
- 89 Exemption for information service providers
- 90 Exemption for organisers of dances etc.
- 91 Other exemptions
Division 3--Persons who must not act as introduction agents
- 92 Certain persons not to act as introduction agents
Division 4--Permission for disqualified persons to act as introduction agents
- 93 Disqualified person may apply for permission to act as an introduction agent
- 94 Permission to act as an introduction agent
- 95 Authority may impose conditions on permission
- 96 Application for review
Division 5--Introduction agreements
- 97 What must an introduction agreement contain?
- 98 Restriction on prepayments
- 99 Person may withdraw from agreement within 3 days without penalty
PART 5.2--LIABILITY OF ACCOMMODATION PROVIDERS
- 100 Application of common law
- 101 Liability of accommodation providers under this Part
- 102 Limitation on accommodation providers' liability for property of guest
- 103 Accommodation provider to provide safekeeping service
- 104 Notice about this Part
- 105 Innkeeper's lien
- 106 Chapter 8 not to apply
PART 6.1--ADMINISTRATION
- 107 Director of Consumer Affairs Victoria
- 108 Staff
- 109 Functions of the Director
- 110 Powers of the Director
- 111 Powers of delegation
- 112 Director's report
PART 6.2--POWERS OF DIRECTOR
Division 1--Disputes
- 113 Making a complaint
- 114 Conciliation and mediation
- 115 Powers of the Director in relation to proceedings on behalf of consumers
- 116 Proceedings and costs
- 117 Grants of legal assistance
- 118 Costs and expenses relating to proceedings to which assisted person is a party
Division 2--Show cause notices
- 119 Show cause notice
Division 3--Licence suspension
- 120 Director may suspend licence
- 121 Effect of suspension
- 122 Lapsing or continuation of suspension
- 123 Extension of period
- 124 Right of review
Division 4--Obtaining information, documents and evidence
- 125 Power to obtain information and documents to monitor compliance
- 126 Power to obtain information, documents and evidence
- 127 Powers in relation to documents
- 128 Copies of seized documents
- 129 Retention and return of seized documents
- 130 Magistrates' Court may extend 3 month period
- 131 Complaints
- 132 Service of documents
- 133 Information sharing
Division 5--Victorian Consumer Law Fund
- 134 Victorian Consumer Law Fund
- 135 Order for payment to non-party consumers
- 136 Special purpose grants
- 137 Administration expenses
PART 6.3--CODES OF PRACTICE
- 138 Preparation of draft code of practice by the Director
- 139 Consideration of draft code of practice
- 140 Prescribing codes of practice
- 141 Offence to breach code of practice
PART 6.4--INSPECTION POWERS
Division 1--Inspectors
- 142 Appointment of inspectors
- 143 Inspector's identification
- 144 Production of identification
Division 2--Requirements to produce information
- 145 Inspector may seek court order
- 146 Inspection of documents under court order
- 147 Notification of execution of court order
- 148 Publisher required to produce information
Division 3--Entry and search of premises with consent
- 149 Entry and search with consent
- 150 Notice before entry and search
- 151 Acknowledgement of consent to entry and search
Division 4--Entry and search of premises without consent
- 152 Entry of premises open to the public
- 153 Emergency entry
- 154 Powers during emergency entry
- 155 Entry without consent or warrant
- 156 Use or seizure of electronic equipment at premises
Division 5--Entry and search of premises with warrant
- 157 Search warrants
- 158 Form and content of search warrants
- 159 Announcement before entry
- 160 Details of warrant to be given to occupier
- 161 Seizure of things not mentioned in the warrant
Division 6--Embargo notices
- 162 Embargo notices
- 163 Monitoring compliance with embargo notices
- 164 Search warrants in relation to embargo notices
- 165 Form and content of search warrants in relation to embargo notices
Division 7--Documents
- 166 Copies of seized documents
- 167 Retention and return of seized documents or things
- 168 Magistrates' Court may extend 3 month period
Division 8--Offences
- 169 Refusal or failure to comply with requirement
- 170 Protection against self-incrimination
- 171 Offence to give false or misleading information
- 172 Offence to hinder or obstruct inspector
- 173 Offence to impersonate inspector
Division 9--Miscellaneous
- 174 Court may order destruction of dangerous goods
- 175 Taking samples
- 176 Entry to be reported to the Director
- 177 Requirement to assist inspector during entry
- 178 Register of exercise of powers of entry
- 179 Complaints
- 180 Service of documents
- 181 Confidentiality
- 182 What is a consumer and trader dispute?
- 183 What is a small claim?
- 184 Settlement of consumer and trader disputes or small claims
- 185 Additional powers of VCAT
- 186 Who can ask VCAT to resolve a consumer and trader dispute?
- 187 Exclusion of other jurisdiction
- 188 More appropriate forum
- 189 Small claim commenced in court
- 190 Small Claims Suspense Account
- 191 VCAT may hear dispute regardless of related criminal proceedings
- 192 VCAT may order the provision of information
PART 8.1--GENERAL ENFORCEMENT PROVISIONS
- 193 Prosecutions of offences
- 194 Who can bring proceedings for offences?
- 195 Contraventions by bodies corporate
- 196 Conduct by officers, employees or agents
PART 8.2--REMEDIES AND LEGAL PROCEEDINGS
- 197 Interpretation
- 198 Undertakings
- 199 Copy of undertaking
- 200 Register of undertakings
- 201 Injunctions to restrain conduct
- 202 Injunctions to do an act or thing
- 203 Interim injunctions
- 204 Power to rescind or vary injunctions
- 205 Cease trading injunctions
- 206 Interim cease trading injunctions
- 207 Power to rescind or vary cease trading injunctions
- 208 Undertakings as to damages and costs
- 209 Powers of court if requirement of Director or inspector not complied with
- 210 Non-punitive orders—Corrective advertising orders
- 211 Punitive orders—Adverse publicity orders
- 212 Orders to prohibit payment of money or transfer of other property
- 213 Defences
- 214 Evidence
- 215 Findings in proceedings to be evidence
- 216 Orders against persons found to have contravened this Act
- 217 Actions for damages
- 218 Awards of compensation
PART 8.3--INFRINGEMENT NOTICES
- 219 Power to serve a notice
PART 8.4--SAFETY AND INFORMATION REQUIREMENTS
- 220 Interim bans, recall notices and safety warning notices
- 221 Notice of ban or notice
- 222 Review of ban order or compulsory recall notice
PART 8.5--ENFORCEMENT OF AUSTRALIAN CONSUMER LAW (VICTORIA)
- 223 References to courts and VCAT
- 224 Jurisdiction of courts and VCAT
- 225 Jurisdictional limit of Magistrates' Court not to apply to pecuniary penalties under Australian Consumer Law (Victoria)
- 226 Orders against persons found to have contravened Australian Consumer Law (Victoria)
- 227 Application of Australian Consumer Law (Victoria) in respect of bills and receipts under Legal Profession Act 2004
- 228 Public warning statements
- 229 Complaints etc. are privileged
- 230 Disapplication of certain provisions to Australian Consumer Law (Victoria)
- 231 Supreme Court—Limitation of jurisdiction
- 232 Regulations
- 233 Repeal of Fair Trading Act 1999
- 234 Repeal of Disposal of Uncollected Goods Act 1961
- 235 Repeal of Carriers and Innkeepers Act 1958
- 236 Repeal of Landlord and Tenant Act 1958
- 237 Savings and transitional provisions
- 238 Closure of the Consumer Credit Fund
- 239 Consequential and other amendments
- 240 Amendments relating to Associations Incorporation Reform Act 2012