AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 117 Grants of legal assistance

AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SECT 117

    (1)     The Director may grant legal assistance to a person who claims to be involved in a consumer dispute if the person—

        (a)     wishes to bring legal proceedings (other than criminal proceedings) arising out of the supply or the failure to supply to the person of goods or services or the disposal to the person of an interest in land; or

        (b)     wishes to make an appeal or seek judicial review in relation to legal proceedings of a kind referred to in paragraph (a); or

        (c)     is a party to legal proceedings or proceedings relating to an appeal or review referred to in paragraph (a) or (b).

    (2)     For the purposes of subsection (1), the Director—

        (a)     must be satisfied that the person has reasonable grounds for bringing, or being a party to, the proceedings; and

        (b)     must be of the opinion that it is desirable, in the general interests of consumers or of any class of consumers, that assistance should be granted; and

        (c)     must obtain the written approval of the Minister to grant the assistance.

    (3)     Despite subsections (1) and (2), the Director may decide not to grant assistance if the Director is of the opinion that it should not be granted because of the person's financial position.

    (4)     If the Director decides to grant assistance under subsection (1)—

        (a)     the Director must notify the person to whom the assistance is being granted; and

        (b)     the person must not, without the consent of the Director, withdraw from the proceedings or discharge any Australian legal practitioner acting in the proceedings.

    (5)     Assistance granted under this section does not extend to expenses other than—

        (a)     the costs of legal representation; and

        (b)     prescribed expenses.

    (6)     Expenses incurred in the provision of assistance under this section and court fees must be met out of money from the Consolidated Fund, which is, to the necessary extent, appropriated accordingly.

    (7)     In this section, consumer dispute has the same meaning as it has in section 115.