ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 219 Application of Fair Trading Act 1999

ASSOCIATIONS INCORPORATION REFORM ACT 2012 (NO. 20 OF 2012) - SECT 219

    (1)     Sections 106HA, 143 and 144 and Division 2 of Part 11 (except section 155) of the Fair Trading Act 1999 extend and apply (with the necessary modifications) to this Act as if any reference in those provisions to the Fair Trading Act 1999 were a reference to this Act.

    (2)     For the purposes of subsection (1), section 152A of the Fair Trading Act 1999 applies as if—

        (a)     a reference in that section to any section of the Fair Trading Act 1999 were a reference to section 106HA of that Act (as applied by subsection (1)); and

        (b)     section 152A(2) of the Fair Trading Act 1999 did not apply.

    (3)     For the purposes of subsection (1), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2A, 5B or 6 of the Fair Trading Act 1999 were a reference to this Act.

    (4)     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 Part 12); 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 Part 12); 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)).

Note

The above applied provisions address 1) the power of the Director of Consumer Affairs to obtain documents and information to monitor compliance with legislation; 2) the enforcement of offence provisions and remedies against corporate entities and the officers, employees and agents of corporate entities; and 3) provide generally for remedies (e.g. injunctions, undertakings and other orders) and legal proceedings.