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FAIR TRADING ACT 1999

No. 16 of 1999 Version incorporating amendments as at 28 May 2012

Table of Provisions

Section Page

PART 1-PRELIMINARY

  • 1 Purposes
  • 2 Commencement
  • 3 Definitions
  • 4. Repealed
  • 5 Crown bound
  • 6 Extra-territorial application of this Act

PART 2-THE AUSTRALIAN CONSUMER LAW

Division 1-Definitions

  • 7 Definitions

Division 2-Application of Australian Consumer Law

  • 8 The Australian Consumer Law text
  • 8A, 8B. Repealed
  • 9 Application of Australian Consumer Law
  • 10 Future modifications of Australian Consumer Law text
  • 11 Meaning of generic terms in Australian Consumer Law for purposes of this jurisdiction
  • 12 Interpretation of Australian Consumer Law
  • 13 Application of Australian Consumer Law

Division 3-References to Australian Consumer Law

  • 14 References to Australian Consumer Law
  • 15 References to Australian Consumer Law of other jurisdictions

Division 4-Application of Australian Consumer Law to Crown

  • 16 Division does not apply to Commonwealth
  • 17 Application law of this jurisdiction
  • 18 Application law of other jurisdictions
  • 19 Activities that are not business
  • 20 Crown not liable to pecuniary penalty or prosecution

Division 5-Miscellaneous

  • 21 Conferral of functions and powers on certain bodies
  • 22 No doubling-up of liabilities
  • 23-32. Repealed

PART 2A-IMPLIED CONDITIONS AND WARRANTIES IN CERTAIN CONTRACTS OF SUPPLY

Division 1-Interpretation

  • 32A Definitions
  • 32B-32C Repealed

Division 2-Application of Part

32CA-32F Repealed
  • 32FA Application of Goods Act 1958 to contracts of supply

Division 3-Supply of goods or services

32G-32MA Repealed
  • 32N Limitation of liability in relation to supply of recreational services
  • 32NA Exemption from waiver form requirement
  • 32NB, 32O Repealed
  • 32OA Rescission for innocent misrepresentation
  • 32P Discharge or rescission of contract of supply of goods
  • 32PA When does a discharge or rescission have effect?
  • 32Q Liability of supplier and person conducting antecedent negotiations
  • 32QA Indemnity for supplier or dealer
  • 32R Certain contracts or provisions void
  • 32RA Penalty for including void provision relating to antecedent negotiations

Division 4-General

32S. Repealed
  • 32SA Limit of liability of guarantors
  • 32T Limit of liability under security
  • 32TA Contract of supply not illegal etc.

PART 2B-Repealed

32U-32ZDA Repealed

PART 2C-FRUSTRATED CONTRACTS

Division 1-Introductory

  • 32ZE Definitions
  • 32ZF Contracts to which this Part applies

Division 2-Consequences of frustration of contract

  • 32ZG Adjustment of amounts paid or payable to parties to discharged contracts
  • 32ZH Court may allow amounts paid or payable to be recovered or paid
  • 32ZI Parties to pay an amount for valuable benefits obtained
  • 32ZJ Calculation of expenses incurred
  • 32ZK Circumstances in which amounts payable under contract of insurance excluded

Division 3-General

  • 32ZL Circumstances in which contract provisions continue to have effect despite frustration
  • 32ZM Performed part of contract not frustrated
  • 32ZN Nature of action
  • 32ZO Limitation period
PARTS 3-5-Repealed 33-93. Repealed

PART 5AA-INTRODUCTION AGENTS

Division 1-Interpretation

  • 93AA Definitions
  • 93AB Meaning of introduction agent
  • 93AC Meaning of introduction service
  • 93AD Who carries on a business?
  • 93AE Introduction agency not to use sex work service premises

Division 2-Persons who are not introduction agents

  • 93AF Effect of this Division
  • 93AG Exemption for activities with a community purpose
  • 93AH Exemption for non-profit activities
  • 93AI Exemption for publishers of advertisements etc.
  • 93AJ Exemption for information service providers
  • 93AK Exemption for organisers of dances etc.
  • 93AL Other exemptions

Division 3-Persons who must not act as introduction agents

  • 93AM Certain persons not to act as introduction agents

Division 4-Permission for disqualified persons to act as introduction agents

  • 93AN Disqualified person may apply for permission to act as an introduction agent
  • 93AO Permission to act as an introduction agent
  • 93AP Authority may impose conditions on permission
  • 93AQ Application for review

Division 5-Introduction agreements

  • 93AR What must an introduction agreement contain?
  • 93AS Restriction on prepayments
  • 93AT Person may withdraw from agreement within 3 days without penalty

PART 5A-FAIR REPORTING

  • 93A Definitions
  • 93B Correction of errors
  • 93C Consumer may apply to court where agent fails to correct information etc.
  • 93D Powers of Court on application

PART 5B-DEBT COLLECTION

Division 1-Preliminary

  • 93E Definitions

Division 2-Offences

  • 93F Certain persons prohibited from engaging in debt collection
  • 93G Applications by prohibited persons for permission to engage in debt collection
  • 93H Permission from the Authority
  • 93I Authority may impose conditions
  • 93J Application for review
  • 93K Offence to charge debtor for cost of debt collection
  • 93L Offence to purchase debt for the purpose of collection
  • 93M Prohibited debt collection practices
  • 93N Additional remedy for contraventions of section 93M.

PART 6-CODES OF PRACTICE

  • 94 Preparation of draft code of practice by the Director
  • 95 Consideration of draft code of practice prepared by other
  • persons
  • 96 Prescribing codes of practice
  • 97 Offence to breach code of practice

PART 7-ADMINISTRATION

Division 1-General

  • 98 Director of Consumer Affairs Victoria
  • 99 Staff
  • 100 Functions and powers of the Director
  • 101 Powers of delegation
  • 102 Director's report

Division 2-Victorian Consumer Law Fund

  • 102A Definition
  • 102B Victorian Consumer Law Fund
  • 102C. Order for payment to non-party consumers
  • 102D Special purpose grants
  • 102E Administration expenses

PART 8-POWERS OF DIRECTOR

Division 1-Disputes

  • 103 Making a complaint
  • 104 Conciliation and mediation
  • 105 Powers of the Director in relation to proceedings on behalf of consumers
  • 106 Proceedings and costs
  • 106AA Grants of legal assistance
  • 106AB Costs and expenses relating to proceedings to which assisted person is a party

Division 2-Suppliers

106A. Repealed
  • 106B Show cause notice

Division 3-Licence suspension

  • 106C Definitions
  • 106D Director may suspend licence
  • 106E Effect of suspension
  • 106F Lapsing or continuation of suspension
  • 106G Extension of period
  • 106H Right of review

Division 4-Obtaining information, documents and evidence

  • 106HA Power to obtain information and documents to monitor compliance
  • 106I Power to obtain information, documents and evidence
  • 106J Powers in relation to documents
  • 106K Copies of seized documents
  • 106L Retention and return of seized documents
  • 106M Magistrates' Court may extend 3 month period
  • 106N Complaints
  • 106O Service of documents
  • 106P Information sharing

PART 9-FUNCTIONS OF TRIBUNAL

  • 107 What is a consumer and trader dispute?
  • 107A What is a small claim?
  • 108 Settlement of consumer and trader disputes or small claims
  • 109 Additional powers of Tribunal
  • 110 Who can ask the Tribunal to resolve a consumer and trader dispute?
  • 111 Exclusion of other jurisdiction
  • 112 More appropriate forum
  • 112A Small claim commenced in a court
  • 112B Small Claims Suspense Account
  • 113 Tribunal may hear dispute regardless of related criminal proceedings
  • 113A Tribunal may order the provision of information

PART 10-INSPECTION POWERS

  • 114 Appointment of inspectors
  • 115 Inspector's identity card
  • 116 Production of identity card
  • 117 Inspector may seek Court order
  • 118 Requirement to produce information
  • 119 Entry or search with consent
  • 120 Entry of premises open to the public
  • 121 Emergency entry
  • 121A Entry without consent or warrant
  • 122 Search warrants
  • 123 Announcement before entry
  • 124 Details of warrant to be given to occupier
  • 125 Seizure of things not mentioned in the warrant
  • 126 Embargo notice
  • 126A Use or seizure of electronic equipment at premises
  • 126B Monitoring compliance with embargo notices
  • 127 Copies of seized documents
  • 128 Retention and return of seized documents or things
  • 129 Magistrates' Court may extend 3 month period
  • 129A Court may order destruction of dangerous goods
  • 130 Taking samples
  • 131 Requirement to assist inspector during entry
  • 132 Refusal or failure to comply with requirement
  • 133 Protection against self-incrimination
  • 134 Offence to give false or misleading information
  • 135 Offence to hinder or obstruct inspector
  • 136 Offence to impersonate inspector
  • 137 Entry to be reported to the Director
  • 138 Register of exercise of powers of entry
  • 139 Complaints
  • 140 Service of documents
  • 141 Confidentiality

PART 11-ENFORCEMENT AND REMEDIES

Division 1-General enforcement provisions

  • 142 Prosecutions of offences
  • 142A Who can bring proceedings for offences?
  • 143 Contraventions by bodies corporate
  • 144 Conduct by officers, employees or agents

Division 2-Remedies and legal proceedings

  • 145 Interpretation
  • 146 Undertakings
  • 147 Copy of undertaking
  • 148 Register of undertakings
  • 149 Injunctions to restrain conduct
  • 149A Injunctions to do an act or thing
  • 150 Interim injunctions
  • 151 Power to rescind or vary injunctions
  • 151A Cease trading injunctions
  • 151B Interim cease trading injunctions
  • 151C Power to rescind or vary cease trading injunctions
  • 152 Undertakings as to damages and costs
  • 152A Powers of court if requirement of Director or inspector not complied with
  • 153 Non-punitive orders-Corrective advertising orders
  • 153A Punitive orders-Adverse publicity orders
  • 154 Orders to prohibit payment of money or transfer of other
  • property
  • 155 Defences
  • 156 Evidence
  • 157 Findings in proceedings to be evidence
  • 158 Orders against persons found to have contravened this Act
  • 159 Actions for damages
  • 160 Awards of compensation

Division 3-Infringement notices

  • 160A Power to serve a notice

Division 4-Safety and information requirements

  • 160B Interim bans, recall notices and safety warning notices
  • 160C Notice of ban or notice
  • 160D Review of ban order or compulsory recall notice

Division 5-Enforcement of Australian Consumer Law (Victoria)

  • 160E References to courts and the Tribunal
  • 160F Jurisdiction of courts and the Tribunal
  • 160G Jurisdictional limit of Magistrates' Court not to apply to pecuniary penalties under Australian Consumer Law (Victoria)
  • 160H Orders against persons found to have contravened Australian Consumer Law (Victoria)

PART 12-MISCELLANEOUS

161. Repealed
  • 161A Application of Australian Consumer Law (Victoria) in respect of bills and receipts under Legal Profession
  • Act 2004. 162AA-162 Repealed
  • 162A Public warning statements
  • 163. Repealed
  • 163A Complaints etc. are privileged
  • 163B Disapplication of certain provisions to Australian Consumer Law (Victoria)
  • 164 Supreme Court-limitation of jurisdiction
  • 165 Regulations

PART 13-SAVINGS AND TRANSITIONAL

166-169. Repealed
  • 170 Savings and transitional provisions
  • __________________ SCHEDULE 1-Consumer Acts SCHEDULE 1A-You have a Right to withdraw from this Agreement within 3 Days SCHEDULE 2-Repealed SCHEDULE 3-Savings and Transitional 1. Superseded references 2. Actions commenced by Director or Secretary 3. Inspectors 4. Regulations 5. Orders 6. Superseded references to Director of Fair Trading and Office of Fair Trading and Business Affairs 7. Actions commenced by Director 8. Superseded references 9. Actions commenced by Director 10. Validation of ban orders 11. Continuation of existing small claims 12. Continuation of existing hire-purchase agreements 13. Transitional-references to the Frustrated Contracts Act 1959. 14. Transitional provisions-Fair Trading and Other Acts Amendment Act 2009. 15. Transitional-Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009. 16. Transitional-Consumer Affairs Legislation Amendment Act 2010. 17. Transitional-Repeal of Trade Measurement Act 1995. 18. Transitional-Repeal of Trade Measurement (Administration) Act 1995. 19. Transitional-Transfer of information for the purpose of the National Measurement Act 1960 of the Commonwealth 19A. Transitional provision-repeal of Part 2B. 19B. Transitional-jurisdiction of the Tribunal 19C. Savings-Fair Trading (Information Standard) (Australian Builders Plate Standard) Regulations 2009. 19D. Repealed 20. Transitional provision-Fair Trading Amendment (Unfair Contract Terms) Act 2010. _______________ ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details

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