AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SCHEDULE 6
AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (NO. 21 OF 2012) - SCHEDULE 6
SCHEDULE 6
Sch. 6
CONSEQUENTIAL AND OTHER AMENDMENTS
1 Accident Towing Services Act 2007
1.1 In section 75(3)(b), for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
2.1 In section 4(3), for "Part 9 of the Fair Trading Act 1999 " substitute "Chapter 7 of the Australian Consumer Law and Fair Trading Act 2012 ".
3.1 In section 47(2)(a), for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
4 Associations Incorporation Act 1981
4.1 In section 3(1), in the definition of "inspector", for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
4.2 In section 37A, in the definition of "Director", for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
4.3 For section 50C, substitute —
" 50C Application of Australian Consumer Law and Fair Trading Act 2012
(1) Sections 125, 195 and 196 and Part 8.2 (except section 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.
(2) For the purposes of subsection (1)—
(a) section 209 of the Australian Consumer Law and Fair Trading Act 2012 applies as if—
(i) a reference in that section to any section of the Australian Consumer Law and Fair Trading Act 2012 were a reference to section 125 of that Act (as applied by subsection(1)); and
(ii)
section 209(2) did not apply;
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(b) section 210 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to Part 3.1 or Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act;
(c) section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—
(i) proceedings for an offence against a provision of this Act (except Part VIIIA); or
(ii) proceedings on an application for an injunction under section 201, 202, 203, 205 or 206 of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)) against a person alleged to have contravened a provision of this Act (except Part VIIIA); or
(iii) proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)).".
5.1 In section 137B(4), for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
5.2 In section 221S(1)(e)(iv), for"(Victoria)." substitute "(Victoria);".
5.3 After section 221S(1)(e)(iv), insert —
"(v) section 29, 33, 34, 35, 36, 50, 151, 157, 158 or 168 of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth."
5.4 In section 221ZD(2)(e)(iv), for "(Victoria)."
substitute "(Victoria);".
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5.5 After section 221ZD(2)(e)(iv), insert —
"(v) section 29, 33, 34, 35, 36, 50, 151, 157, 158 or 168 of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth.".
6.1 In section 3(1), in the definition of "hire and drive bus service", for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
7 Business Licensing Authority Act 1998
7.1 In section 3, in the definition of "Director", for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
8.1 In section 4(1), in the definition of "Director", for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
8.2 For section 29, substitute —
" 29 Application of Australian Consumer Law and Fair Trading Act 2012
(1) Sections 125, 195 and 196 and Part 8.2 (except section 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.
(2) For the purposes of subsection (1)—
(a) section 209 of the
Australian Consumer Law and Fair Trading Act 2012 applies as if—
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(i) a reference in that section to any section of the Australian Consumer Law and Fair Trading Act 2012 were a reference to section 125 of that Act (as applied by subsection (1)); and
(ii) section 209(2) did not apply;
(b) section 210 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to Part 3.1 or Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act;
(c) section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—
(i) proceedings for an offence against a provision of this Act (except section 13); or
(ii) proceedings on an application for an injunction under section 201, 202, 203, 205 or 206 of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)) against a person alleged to have contravened a provision of this Act (except section 13); or
(iii) proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)).".
9 Consumer Affairs Legislation
Amendment (Reform) Act 2010
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9.1 In section 2(4), for "30 June 2012" substitute "1 December 2012".
9.2 Division 1 of Part 2 is repealed .
9.3 Division 3 of Part 2 is repealed .
9.4 Section 72(2) is repealed .
9.5 Section 75 is repealed .
9.6 Section 78 is repealed .
10.1 In section 3, in the definition of Consumer Act for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
10.2 In section 3, in the definition of Director for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
10.3 In section 3, in the definition of inspector for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
10.4 In section 47(3)(d)(i), for "Part 8 of the Fair Trading Act 1999 " substitute "Part 6.2 of the Australian Consumer Law and Fair Trading Act 2012 ".
10.5 In section 47(3)(d)(ii), for "Part 9 of the
Fair Trading Act 1999 " substitute "Chapter 7 of the
Australian Consumer Law and Fair Trading Act 2012 ".
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10.6 For section 183, substitute —
" 183 Application of Australian Consumer Law and Fair Trading Act 2012
(1) Sections 152, 172, 173, 176 and 178 of the Australian Consumer Law and Fair Trading Act 2012 apply (with any necessary modifications) in relation to the exercise or attempted exercise of a power of an inspector under Part 8 as if any reference in those sections to Part 6.4 of that Act were a reference to Part 8.
(2) Sections 195 and 196 and Part 8.2 (except section 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.
(3) For the purposes of subsection (2)—
(a) section 210 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to Part 3.1 or Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act;
(b) section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—
(i) proceedings
for an offence against a provision of this Act; or
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(ii) proceedings on an application for an injunction under section 201, 202, 203, 205 or 206 of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (2)) against a person alleged to have contravened a provision of this Act; or
(iii) proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (2)).".
11 Credit (Administration) Act 1984
11.1 In section 4, in the definition of Consumer Act for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
11.2 In section 4, in the definition of Director for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
11.3 In section 4, in the definition of inspector for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
11.4 In section 40, for "116, 120, 135, 136, 137, 138 and 139 of the Fair Trading Act 1999 " substitute "144, 152, 172, 173, 176, 178 and 179 of the Australian Consumer Law and Fair Trading Act 2012 ".
12 Credit (Commonwealth Powers) Act
2010
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12.1 In section 11, in the definition of Director for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
13.1 In section 5(1), in the definition of Director for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
13.2 In section 5(1), in the definition of inspector for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
13.3 In section 5(1), in the definition of security interest for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
14 Domestic Building Contracts Act 1995
14.1 In section 3(1), in the definition of Director for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
14.2 For section 124A, substitute —
" 124A Application of provisions of Australian Consumer Law and Fair Trading Act 2012
(1) Part 6.4 of the Australian Consumer Law and Fair Trading Act 2012 (except sections 152 and 153) extends and applies (with any necessary modifications) to this Act as if any reference in that Part to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.
(2) Sections 125, 195 and 196 and Part 8.2 (except section 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.
(3) For the purposes of subsection (2)—
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(a) section 209 of the Australian Consumer Law and Fair Trading Act 2012 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);
(b) section 210 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to Part 3.1 or Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act;
(c) section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—
(i) proceedings for an offence against a provision of this Act (except an offence applied by subsection (1)); or
(ii) proceedings on an application for an injunction under section 201, 202, 203, 205 or 206 of the Australian Consumer Law and Fair Trading Act 2012 (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
(iii) proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (2)).".
14.3 In section 125(1), for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
15 Electricity Industry Act 2000
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15.1 In section 3, in the definition of ACCC for " Trade Practices Act 1974 " substitute " Competition and Consumer Act 2010 ".
15.2 In section 33(a), for " section 88(9)(a) or (b) of the Trade Practices Act 1974 " substitute " section 88(9) of the Competition and Consumer Act 2010 ".
15.3 In section 33(b)(i), for " Trade Practices Act 1974" substitute " Competition and Consumer Act 2010".
15.4 In section 68(8)(a), for " section 88(9)(a) or (b) of the Trade Practices Act 1974 " substitute " section 88(9) of the Competition and Consumer Act 2010 ".
15.5 In section 68(8)(b)(i), for " Trade Practices Act 1974" substitute " Competition and Consumer Act 2010".
15.6 In section 68(8AA), for " Trade Practices Act 1974" substitute " Competition and Consumer Act 2010".
16.1 In section 4(1), in the definition of
Director for " Fair Trading Act 1999 " substitute "
Australian Consumer Law and Fair Trading Act 2012 ".
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16.2 In section 4(1), in the definition of inspector for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
16.3 In section 70W, for "120, 121A, 135, 136, 137, 138 and 139 of the Fair Trading Act 1999 " substitute "152, 155, 172, 173, 176, 178 and 179 of the Australian Consumer Law and Fair Trading Act 2012 ".
16.4 In section 70W, for "Part 10" substitute "Part 6.4".
16.5 For section 93A substitute —
" 93A Application of Australian Consumer Law and Fair Trading Act 2012
(1) Sections 195 and 196 and Part 8.2 (except sections 209 and 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.
(2) For the purposes of subsection (1), section 210 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to Part 3.1 or Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.
(3) For the purposes of subsection (1)—
(a) section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—
(i) proceedings
for an offence against a provision of this Act (except Division 2 of Part VI
and section 93); or
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(ii) proceedings on an application for an injunction under section 201, 202, 203, 205 or 206 of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)) against a person alleged to have contravened a provision of this Act (except Division 2 of Part VI and section 93); or
(iii) proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)).".
16.6 In section 95A(2)(a), for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
17.1 In section 3, in the definition of Director for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
17.2 In section 3, in the definition of inspector for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
17.3 For section 68, substitute —
" 68 Application of Australian Consumer Law and Fair Trading Act 2012
(1) Sections 125, 195 and 196 and Part 8.2 of the
Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any
necessary modifications) to this Act as if any reference in those provisions
to the Australian Consumer Law and Fair Trading Act 2012 were a reference to
this Act.
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(2) For the purposes of subsection (1)—
(a) section 209 of the Australian Consumer Law and Fair Trading Act 2012 applies as if—
(i) a reference in that section to any section of the Australian Consumer Law and Fair Trading Act 2012 were a reference to section 125 of that Act (as applied by subsection (1)); and
(ii) section 209(2) did not apply;
(b) section 210 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to Part 3.1 or Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act;
(c) section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—
(i) proceedings for an offence against a provision of this Act (except Part 5); or
(ii)
proceedings on an application for an injunction under section 201, 202, 203,
205 or 206 of the Australian Consumer Law and Fair Trading Act 2012 (as
applied by subsection (1)) against a person alleged to have contravened a
provision of this Act (except Part 5); or
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(iii) proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)).".
18.1 In section 3, in the definition of Director for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
18.2 In section 3, in the definition of inspector for " section 114 of the Fair Trading Act 1999 " substitute " section 142 of the Australian Consumer Law and Fair Trading Act 2012 ".
18.3 For section 54, substitute —
" 54 Incorporation of provisions of Australian Consumer Law and Fair Trading Act 2012
(1) Sections 195 and 196 and Part 8.2 (other than section 214) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if a reference in any of those provisions to that Act were a reference to this Act.
(2) For the purposes of subsection (1)—
(a) section 210 of the
Australian Consumer Law and Fair Trading Act 2012 applies as if a reference
in that section to Part 3.1 or Part 6.3 of the
Australian Consumer Law and Fair Trading Act 2012 were a reference to this
Act;
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(b) section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—
(i) proceedings for an offence against a provision of this Act; or
(ii) proceedings on an application for an injunction under section 201, 202, 203, 205 or 206 of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)) against a person alleged to have contravened a provision of this Act; or
(iii) proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1));
(c) section 213 of the Australian Consumer Law and Fair Trading Act 2012 applies as if—
(i) in subsection (1), the words "in relation to a contravention of a prescribed provision" were omitted; and
(ii) subsections (4) and (5) were omitted.".
19 Gambling Regulation Act 2003
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19.1 In the heading to section 2.5.19F, for " Trade Practices Act " substitute " Competition and Consumer Act ".
19.2 In section 2.5.19F(1), for " Trade Practices Act 1974" substitute " Competition and Consumer Act 2010".
19.3 In the heading to section 3.4.59R, for " Trade Practices Act " substitute " Competition and Consumer Act ".
19.4 In section 3.4.59R(1), for " Trade Practices Act 1974" substitute " Competition and Consumer Act 2010".
19.5 In the heading to section 3.4A.34, for " Trade Practices Act " substitute " Competition and Consumer Act ".
19.6 In section 3.4A.34(1), for " Trade Practices Act 1974" substitute " Competition and Consumer Act 2010".
19.7 In the heading to section 4.9.1, for " Trade Practices Act " substitute " Competition and Consumer Act ".
19.8 In section 4.9.1(1), for " Trade Practices Act 1974" substitute " Competition and Consumer Act 2010".
19.9 In section 4.9.1(1A), for " Trade Practices Act 1974" substitute " Competition and Consumer Act 2010".
20.1 In section 3, in the definition of "ACCC", for " Trade Practices Act" substitute " Competition and Consumer Act 2010 ".
20.2 In section 3, the definition of Trade Practices Act is repealed .
20.3 In section 3 insert the following
definition—
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" Competition and Consumer Act 2010 means the Competition and Consumer Act 2010 of the Commonwealth;".
20.4 In section 129(3)(a), for " section 88(9)(a) or (b) of the Trade Practices Act " substitute " section 88(9) of the Competition and Consumer Act 2010 ".
20.5 In section 129(3)(b)(i), for " Trade Practices Act" substitute " Competition and Consumer Act 2010".
20.6 In section 129(3A), for " Trade Practices Act" substitute " Competition and Consumer Act 2010".
21.1 In section 134O, for " Trade Practices Act 1974 " (wherever occurring) substitute " Competition and Consumer Act 2010 ".
22 Interpretation of Legislation Act 1984
22.1 In section 38F, for "Part 2 of the Fair Trading Act 1999 " substitute "Chapter 2 of the Australian Consumer Law and Fair Trading Act 2012 ".
23 Jurisdiction of Courts (Cross-vesting) Act 1987
23.1 In section 10(b), for "Division 1 or 1A of Part V of the Trade Practices Act 1974" substitute "Part 3-1, Part 3-3 and Part 3-4 of Schedule 2 of the Competition and Consumer Act 2010 ".
24.1 In the heading to section 3.5.5, for "
Trade Practices Act " substitute " Competition and Consumer Act ".
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24.2 In section 3.5.5, for " Trade Practices Act 1974" substitute " Competition and Consumer Act 2010".
25 Limitation of Actions Act 1958
25.1 In section 27A(2), for " section 159 of the Fair Trading Act 1999 " substitute " section 217 of the Australian Consumer Law and Fair Trading Act 2012 ".
25.2 In section 27B(4), for " section 159(3) of the Fair Trading Act 1999 " substitute " section 217(4) of the Australian Consumer Law and Fair Trading Act 2012 ".
26 Liquor Control Reform Act 1998
26.1 In the heading to section 146C, for " Trade Practices Act " substitute " Competition and Consumer Act ".
26.2 In section 146C, for " Trade Practices Act 1974" substitute " Competition and Consumer Act 2010".
27 Major Sporting Events Act 2009
27.1 In the note at the foot of section 28, for " Trade Practices Act 1974 of the Commonwealth and the Fair Trading Act 1999 " substitute " Competition and Consumer Act 2010 of the Commonwealth and the Australian Consumer Law and Fair Trading Act 2012 ".
28.1 In section 3(1), in the definition of Consumer Act for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
28.2 In section 3(1), in the definition of Director for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
28.3 In section 3(1), in the definition of
inspector for " Fair Trading Act 1999 " substitute "
Australian Consumer Law and Fair Trading Act 2012 ".
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28.4 In section 82AU, for "120, 135, 136, 137, 138 and 139 of the Fair Trading Act 1999 " substitute "152, 172, 173, 176, 178 and 179 of the Australian Consumer Law and Fair Trading Act 2012 ".
28.5 In section 82AU, for "Part 10" substitute "Part 6.4".
28.6 For section 82I, substitute —
" 82I Application of Australian Consumer Law and Fair Trading Act 2012
(1) Sections 195 and 196 and Part 8.2 (except sections 209 and 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.
(2) For the purposes of subsection (1)—
(a) section 210 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to Part 3.1 or Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act;
(b) section 212 of the
Australian Consumer Law and Fair Trading Act 2012 applies as if a reference
to prescribed proceedings were a reference to—
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(i) proceedings for an offence against a provision of this Act (except Division 1); or
(ii) proceedings on an application for an injunction under sections 201, 202, 203, 205 or 206 of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)) against a person alleged to have contravened a provision of this Act (except Division 1); or
(iii) proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)).".
28.7 In section 85A(3), in paragraph (b) in the definition of prescribed class of hearing for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
29 National Electricity (Victoria) Act 2005
29.1 In the note at the foot of section 16D, for " Trade Practices Act 1974" substitute " Competition and Consumer Act 2010 ".
29.2 In section 29(5), in the definition of "Tribunal", for " Trade Practices Act 1974" substitute " Competition and Consumer Act 2010 ".
30 National Gas (Victoria) Act 2008
30.1 In section 33(5), in the definition of "Tribunal", for " Trade Practices Act 1974" substitute " Competition and Consumer Act 2010".
31
Outworkers (Improved Protection) Act 2003
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31.1 In section 28, for " Trade Practices Act 1974" (wherever occurring) substitute " Competition and Consumer Act 2010".
32 Owner Drivers and Forestry Contractors Act 2005
32.1 In the heading to section 64, for " Trade Practices Act " substitute " Competition and Consumer Act ".
32.2 In section 64(1), for " Trade Practices Act 1974" substitute " Competition and Consumer Act 2010".
33 Owners Corporations Act 2006
33.1 In section 3, in the definition of Director for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
33.2 In section 3, in the definition of inspector for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
33.3 In section 161(2), for " section 103(4) of the Fair Trading Act 1999 " substitute " section 113(4) of the Australian Consumer Law and Fair Trading Act 2012 ".
33.4 In section 194(j), for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
33.5 For section 199, substitute —
" 199 Application of Australian Consumer Law and Fair Trading Act 2012
(1) Part 6.4 of the
Australian Consumer Law and Fair Trading Act 2012 (except sections 152,
153 and 175) extends and applies (with any necessary modifications) to this
Part as if any reference in that Part to the
Australian Consumer Law and Fair Trading Act 2012 were a reference to this
Part.
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(2) Sections 125, 195 and 196 and Part 8.2 (except section 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Part as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Part.
(3) For the purposes of subsection (2)—
(a) section 210 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to Part 3.1 or Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Part;
(b) section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—
(i) proceedings for an offence against a provision of this Part (except an offence applied by subsection (1)); or
(ii)
proceedings on an application for an injunction under sections 201, 202 or 203
of the Australian Consumer Law and Fair Trading Act 2012 (as applied by
subsection (2)) against a person alleged to have contravened a provision of
this Part (except an offence applied by subsection (1)); or
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(iii) proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (2)).".
34.1 In section 49(1), in the definition of Director for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
34.2 In section 81, in the definition of Director for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
35.1 In section 62(5), for " Trade Practices Act 1974 " substitute " Competition and Consumer Act 2010".
36 Residential Tenancies Act 1997
36.1 In section 3(1), in the definition of Director for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
36.2 After section 14(2) insert —
"(3) This Act does not apply to premises that were prescribed premises within the meaning of Part V of the Landlord and Tenant Act 1958 immediately before that Act was repealed.".
36.3 Section 15(1) is repealed .
36.4 For section 507A, substitute —
" 507A Application of provisions of Australian Consumer Law and Fair Trading Act 2012
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(1) Part 6.4 of the Australian Consumer Law and Fair Trading Act 2012 (except section 153) extends and applies (with any necessary modifications) to this Act (except Part 14) as if—
(a) any reference in Part 6.4 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act; and
(b) the reference in section 155(3)(a) of the Australian Consumer Law and Fair Trading Act 2012 to "premises that is used for residential purposes" were taken to exclude a common area within the meaning of this Act in a rooming house.
(2) Sections 125, 126, 195 and 196 and Part 8.2 (except section 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act (except Part 14) as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act (except Part 14).
(3) For the purposes of subsection (2)—
(a) section 209 of the Australian Consumer Law and Fair Trading Act 2012 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);
(b) section 210 of the
Australian Consumer Law and Fair Trading Act 2012 applies as if a reference
in that section to Part 3.1 or Part 6.3 of the
Australian Consumer Law and Fair Trading Act 2012 were a reference to this
Act;
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(c) section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—
(i) proceedings for an offence against a provision of this Act (except Part 14 and an offence applied by subsection (1)); or
(ii) proceedings on an application for an injunction under section 201, 202, 203, 205 or 206 of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (2)) against a person alleged to have contravened a provision of this Act (except Part 14 and an offence applied by subsection (1)); or
(iii) proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (2)).".
36.5 After Division 3 of Schedule 1 insert —
" Division 4—Australian Consumer Law and Fair Trading Act 2012
12 Commencement day
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In this Division, "commencement day" means the day on which section 236 of the Australian Consumer Law and Fair Trading Act 2012 comes into operation.
13 Saving for protected tenants
Part V of the Landlord and Tenant Act 1958 continues to apply to a lease of premises to which that Part applied immediately before the commencement day for so long as those premises remain prescribed premises.
14 Part V leases of prescribed premises to be transitioned to Residential Tenancies Act 1997 except in certain circumstances
(1) If a lessee in possession of premises to which Part V of the Landlord and Tenant Act 1958 applies dies on or after the commencement day, only the partner of the lessee who is residing with the lessee at the time of that death may take over the protected tenancy pursuant to section 106 of that Act.
(2) Despite section 14(3) and except in the circumstances described in subclause (1), Part V of the Landlord and Tenant Act 1958 will cease to apply on and from the date of death of a lessee who was in possession of premises under a lease to which that Part applied.".
37.1 In section 3, in the definition of "applicable industry code", for " Trade Practices Act 1974" substitute " Competition and Consumer Act 2010".
37.2 In section 3, in the definition of "industry code", for " Trade Practices Act 1974" substitute " Competition and Consumer Act 2010 ".
38 Retirement Villages Act 1986
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38.1 In section 3(1), in the definition of Director for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
38.2 In section 18, for " Fair Trading Act 1999 " (wherever occurring) substitute " Australian Consumer Law and Fair Trading Act 2012 ".
38.3 For section 40, substitute —
" 40 Application of Australian Consumer Law and Fair Trading Act 2012
(1) Part 6.4 of the Australian Consumer Law and Fair Trading Act 2012 (except sections 152, 153 and 175) extends and applies (with any necessary modifications) to this Act as if any reference in that Part to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.
(2) Sections 125, 195 and 196 and Part 8.2 (except sections 205, 206, 207, 210, 211 and 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.
(3) For the purposes of subsection (2)—
(a) section 209 of the
Australian Consumer Law and Fair Trading Act 2012 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);
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(b) section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—
(i) proceedings for an offence against a provision of this Act (except an offence applied by subsection (1)); or
(ii) proceedings on an application for an injunction under section 201, 202 or 203 of the Australian Consumer Law and Fair Trading Act 2012 (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
(iii) proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (2)).".
39.1 In section 3(1), in the definition of hire-purchase agreement for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
39.2 After section 92(3)(f), insert —
"(fa) for the purposes of Part 4.2 of the Australian Consumer Law and Fair Trading Act 2012 ;".
40 Sale of Land Act 1962
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40.1 For section 48A, substitute —
" 48A Application of Australian Consumer Law and Fair Trading Act 2012
(1) Sections 125, 195 and 196 and Part 8.2 (except section 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.
(2) For the purposes of subsection (1), section 209 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to any section of the Australian Consumer Law and Fair Trading Act 2012 were a reference to section 125 of that Act (as applied by subsection (1)) and section 209(2) did not apply.
(3) For the purposes of subsection (1)—
(a) section 210 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to Part 3.1 or Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act;
(b) section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—
(i) proceedings
for an offence against a provision of this Act; or
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(ii) proceedings on an application for an injunction under section 201, 202, 203, 205 or 206 of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)) against a person alleged to have contravened a provision of this Act; or
(iii) proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)).".
40.2 In section 48B(4)(a), for " section 114 of the Fair Trading Act 1999 " substitute " section 142 of the Australian Consumer Law and Fair Trading Act 2012 ".
41 Second-Hand Dealers and Pawnbrokers Act 1989
41.1 In section 3(1), in the definition of Consumer Act for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
41.2 In section 3(1), in the definition of Director for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
41.3 In section 3(1), in the definition of
inspector for " Fair Trading Act 1999 " substitute "
Australian Consumer Law and Fair Trading Act 2012 ".
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41.4 In section 26X, for "116, 120, 121A, 133, 135, 136, 137, 138 and 139 of the Fair Trading Act 1999 " substitute "144, 152, 155, 170, 172, 173, 176, 178 and 179 of the Australian Consumer Law and Fair Trading Act 2012 ".
41.5 In section 26X, for "Part 10" substitute "Part 6.4".
41.6 In section 26ZA(a), for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
41.7 For section 30, substitute —
" 30 Application of Australian Consumer Law and Fair Trading Act 2012
(1) Sections 195 and 196 and Part 8.2 (except sections 209 and 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.
(2) For the purposes of subsection (1)—
(a) section 210 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to Part 3.1 or Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act;
(b) section 212 of the
Australian Consumer Law and Fair Trading Act 2012 applies as if a reference
to prescribed proceedings were a reference to—
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(i) proceedings for an offence against a provision of this Act (except Divisions 1 and 2 of Part 5 and section 28A(2)); or
(ii) proceedings on an application for an injunction under section 201, 202, 203, 205 or 206 of the Australian Consumer Law and Fair Trading Act 2012 (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
(iii) proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)).".
42 Sex Work Act 1994
42.1 In section 3(1), in the definition of inspector for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
42.2 In section 3(1), in the definition of the Director for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
42.3 In section 61A in the definition of Consumer Act for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
42.4 In section 61X, for "120, 135, 136, 137, 138
and 139 of the Fair Trading Act 1999 " substitute "152, 172, 173, 176,
178 and 179 of the Australian Consumer Law and Fair Trading Act 2012 ".
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42.5 In section 61X, for "Part 10" substitute "Part 6.4".
42.6 For section 86A, substitute —
" 86A Application of Australian Consumer Law and Fair Trading Act 2012
(1) Sections 195 and 196 and Part 8.2 (except sections 209 and 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.
(2) For the purposes of subsection (1)—
(a) section 210 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to Part 3.1 or Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act;
(b) section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—
(i) proceedings
for an offence against a provision of this Act (except Division 8A of Part 3);
or
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(ii) proceedings on an application for an injunction under section 201, 202, 203, 205 or 206 of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)) against a person alleged to have contravened a provision of this Act (except Division 8A of Part 3); or
(iii) proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)).".
43 State Owned Enterprises Act 1992
43.1 In the heading to section 86, for " Trade Practices Act 1974 " substitute " Competition and Consumer Act 2010 ".
43.2 In section 86, for " Trade Practices Act 1974" substitute " Competition and Consumer Act 2010".
43.3 In section 86A, for " Trade Practices Act 1974" substitute " Competition and Consumer Act 2010".
44.1 In section 3(1), in the definition of inspector for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
44.2 In section 3(1), in the definition of the Director for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
44.3 In section 28, for " section 146 of the Fair
Trading Act 1999 " (wherever occurring) substitute " section 198 of the
Australian Consumer Law and Fair Trading Act 2012 ".
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44.4 In section 39W, for "116, 120, 121A, 133, 135, 136, 137, 138 and 139 of the Fair Trading Act 1999 " substitute "144, 152, 155, 170, 172, 173, 176, 178 and 179 of the Australian Consumer Law and Fair Trading Act 2012 ".
44.5 In section 39W for "Part 10" substitute "Part 6.4".
44.6 For section 44, substitute —
" 44 Application of Australian Consumer Law and Fair Trading Act 2012
(1) Sections 195 and 196 and Part 8.2 (except sections 209 and 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.
(2) For the purposes of subsection (1)—
(a) section 210 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to Part 3.1 or Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act;
(b) section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—
(i) proceedings for an offence against a provision of this Act (except Part 3A); or
(ii)
proceedings on an application for an injunction under section 201, 202, 203,
205 or 206 of the Australian Consumer Law and Fair Trading Act 2012 (as
applied by subsection (1)) against a person alleged to have contravened a
provision of this Act (except Part 3A); or
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(iii) proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)).".
45.1 In section 3(1), in the definition of Director for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
45.2 In section 3(1), in the definition of inspector for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
45.3 For section 59, substitute —
" 59 Incorporation of Australian Consumer Law and Fair Trading Act 2012 enforcement provisions
(1) Sections 195 and 196 and Part 8.2 (other than sections 205, 206, 207, 210, 211 and 214) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if a reference in any of those provisions to that Act were a reference to this Act.
(2) For the purposes of subsection (1)—
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6
(a) section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—
(i) proceedings for an offence against a provision of this Act (except sections 60 to 81); or
(ii) proceedings on an application for an injunction under section 201, 202 or 203 of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1)) against a person alleged to have contravened a provision of this Act (except sections 60 to 81); or
(iii) proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (1));
(b) section 213 of the Australian Consumer Law and Fair Trading Act 2012 applies as if in subsection (1), the words "in relation to a contravention of a prescribed provision" were omitted and subsections (4) and (5) were omitted.".
45.4 For the note at the foot of section 59, substitute —
" Note
Sections 201, 202, 203 and 204 are in Part 8.2 of the Australian Consumer Law
and Fair Trading Act 2012 and are in respect of applications for injunctions
where any provision of that Act, and by incorporation, any provision of this
Act, is being contravened.
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Under section 201, the Minister, Director or any other person may apply to the Supreme Court, County Court or Magistrates' Court for the grant of an injunction to restrain a person's conduct.
Under section 202, the Minister, Director or any other person may apply to the Supreme Court or the County Court for the grant of an injunction requiring a person to do any act or thing.
Under section 203(1), the Supreme Court, County Court or Magistrates' Court may grant an interim injunction pending determination of an application under section 201.
Under section 203(2), the Supreme Court or County Court may grant an interim injunction pending determination of an application under section 202.
Under section 204, a court may rescind or vary an injunction granted under section 201 or 202 or an interim injunction under section 203.".
45.5 In section 83, for " Fair Trading Act 1999 " (wherever occurring) substitute " Australian Consumer Law and Fair Trading Act 2012 ".
45.6 In section 83, for " section 102" substitute " section 112".
46 Victorian Civil and Administrative Tribunal Act 1998
46.1 In section 3, in the definition of Director for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
46.2 In section 73(2), for " Fair Trading Act 1999 " substitute " Australian Consumer Law and Fair Trading Act 2012 ".
46.3 After Part 2A to Schedule 1, insert —
" PART 2AB—AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012
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4C What is a small claim ?
In this Part small claim has the meaning that it has in Chapter 7 of the Australian Consumer Law and Fair Trading Act 2012 .
4D Representation
(1) A party to a proceeding relating to a small claim may be represented by a professional advocate only if—
(a) the Tribunal is satisfied that no other party to the proceeding will be unfairly disadvantaged if the representation is allowed; and
(b) either—
(i) all parties to the proceeding agree; or
(ii) the Tribunal directs that the representation be allowed.
(2) Section 62(1)(b) does not apply to a proceeding relating to a small claim.
4E Withdrawal of application
Despite section 74(1), a person who lodges an application relating to a small claim may withdraw that application without the leave of the Tribunal.
4F Tribunal cannot extend time for commencing proceedings
Section 126(1) does not apply to a proceeding relating to a small claim.
4G Member of Tribunal can mediate
(1) Section 88(6) does not apply to a proceeding
relating to a small claim.
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(2) If the mediator is a member of the Tribunal a party may object to the mediator constituting the Tribunal (whether with or without others) for the purpose of hearing the proceeding.
(3) An objection under subclause (2) must be made to the Tribunal before or at the commencement of the hearing.
4H Resolution of objection to certain members constituting the Tribunal
(1) If a party to a proceeding relating to a small claim objects to the member who presided over a compulsory conference in the proceeding, or to a mediator in the proceeding, constituting the Tribunal for the purpose of hearing the proceeding (whether with or without others), the Tribunal must determine whether or not the member may continue to constitute the Tribunal for that purpose.
(2) For the purpose of making a determination under subclause (1), the Tribunal may be constituted (whether with or without others) by the member against whom the objection was made.
(3) Section 86(3) does not apply to a proceeding relating to a small claim.
4I Costs and security for costs
(1) The Tribunal cannot order costs in a proceeding relating to a small claim, except in a review of a determination under section 120 in respect of such a proceeding.
(2) Section 79 does not apply to a review of a determination under section 120 in respect of a proceeding relating to a small claim.
4J Reasons must be requested at time of decision
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Despite anything to the contrary in section 117(2), the Tribunal is not obliged to give a person written reasons for an order made in a proceeding relating to a small claim unless the person has made a request to the Tribunal for written reasons for orders that may be made in the proceeding before or at the time of the giving or notification of the Tribunal's decision in the proceeding.".
46.4 Part 7AA to Schedule 1 is repealed .
47.1 In section 183, for " Trade Practices Act 1974 " substitute " Competition and Consumer Act 2010".
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