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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Consumer Claims Amendment
Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Consumer Claims Act 1998 No 162 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Consumer Claims Amendment
Bill 2007
Act No , 2007
An Act to amend the Consumer Claims Act 1998 to make further provision with
respect to the jurisdiction and powers of the Consumer, Trader and Tenancy Tribunal
relating to consumer claims.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Consumer Claims Amendment Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Consumer Claims Amendment Act 2007.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Consumer Claims Act 1998 No 162
The Consumer Claims Act 1998 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Consumer Claims Amendment Bill 2007
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 2A
Insert after section 2:
2A Objects of Act
The objects of this Act are as follows:
(a) to provide remedies to consumers concerning the supply of
goods and services,
(b) to simplify and improve dispute resolution for parties
involved in consumer disputes.
[2] Section 3 Definitions
Omit the definition of consumer claim from section 3 (1). Insert instead:
consumer claim--see section 3A.
[3] Section 3A
Insert after section 3:
3A Meaning of "consumer claim"
(1) For the purposes of this Act, a consumer claim is:
(a) a claim by a consumer for the payment of a specified sum
of money, or
(b) a claim by a consumer for the supply of specified services,
or
(c) a claim by a consumer for relief from payment of a
specified sum of money, or
(d) a claim by a consumer for the delivery, return or
replacement of specified goods or goods of a specified
description, or
(e) a claim by a consumer for a combination of two or more of
the remedies referred to in paragraphs (a)-(d),
that arises from a supply of goods or services by a supplier to the
consumer, whether under a contract or not, or that arises under a
contract that is collateral to a contract for the supply of goods or
services.
Page 3
Consumer Claims Amendment Bill 2007
Schedule 1 Amendments
(2) For the avoidance of doubt, a reference in this Act to a consumer
claim includes a reference to a claim by a consumer against a
supplier (for example, a manufacturer or wholesaler) who is not
the direct supplier of goods or services to the consumer if the
claim arises from or in connection with the supply of those goods
or services by the direct supplier to the consumer.
[4] Section 7 Jurisdiction in respect of consumer claims
Insert "General" as the heading to section 7 (1).
[5] Section 7 (2)-(4A)
Omit section 7 (2)-(4). Insert instead:
(2) Supply or agreement made, or supply intended to be made, in
New South Wales
The Tribunal has jurisdiction to hear and determine a consumer
claim only if:
(a) the goods or services to which the claim relates were
supplied in New South Wales, or
(b) a contract or other agreement to which the claim relates
contemplated that the goods or services would be supplied
in New South Wales (whether or not they were so
supplied), or
(c) a contract or other agreement to which the claim relates
was made in New South Wales (whether or not the goods
or services were supplied in New South Wales).
(3) The Tribunal has such jurisdiction whether or not:
(a) a contract or other agreement to which the claim relates
confers jurisdiction on any other court or tribunal (whether
in New South Wales or elsewhere), or
(b) the rules of private international law require a law other
than the law of New South Wales to be applied to the
hearing or determination of the claim.
(4) Limitation periods
The Tribunal does not have jurisdiction to hear and determine a
consumer claim if any of the following apply:
(a) the cause of action giving rise to the claim first accrued
more than 3 years before the date on which the claim is
lodged,
Page 4
Consumer Claims Amendment Bill 2007
Amendments Schedule 1
(b) the goods or services to which the claim relates were
supplied (or, if made in instalments, were last supplied) to
the claimant more than 10 years before the date on which
the claim is lodged.
(4A) Nothing in this section affects any period of limitation under the
Limitation Act 1969.
[6] Section 7 (5), heading
Insert "Claim relating to solicitor's or barrister's costs" as the heading to
section 7 (5).
[7] Section 8 Tribunal orders
Insert after section 8 (1) (g):
(h) an order that requires:
(i) a respondent to refund all or part of the purchase
price of specified goods that are in the possession or
under the control of the claimant, and
(ii) the claimant to return all or part of those goods to the
respondent,
whether the property in the goods has passed or not.
[8] Section 8 (2A)
Insert after section 8 (2):
(2A) Without limiting subsection (1) or (2), in determining a consumer
claim in which there is more than one respondent, the Tribunal
may make such one or more of the following orders as it
considers appropriate:
(a) an order that requires a respondent to pay to another
respondent a specified amount of money,
(b) an order that requires a respondent to supply to another
respondent specified services other than work,
(c) an order that requires a respondent to deliver to another
respondent goods of a specified description,
(d) an order that requires a respondent (the first respondent)
to return to another respondent specified goods that are in
the possession or under the control of the first respondent,
whether the property in the goods has passed or not.
Page 5
Consumer Claims Amendment Bill 2007
Schedule 1 Amendments
[9] Section 8 (4) and (5)
Insert after section 8 (3):
(4) The Tribunal may not make any of the orders referred to in this
section unless the claimant's case has been presented to the
Tribunal (whether or not in person) following the making of the
relevant application under section 6.
(5) Nothing in subsection (4) prevents the Tribunal from dismissing
or adjourning proceedings under section 28 (5) of the Consumer,
Trader and Tenancy Tribunal Act 2001.
[10] Section 14 Limitation on Tribunal's jurisdiction to make orders
Omit "in favour of the respondent to the claim or, where there are two or more
respondents to the claim, in favour of those respondents" from section 14 (2).
Insert instead "referred to in section 8 (2)".
[11] Section 14 (2A)
Insert after section 14 (2):
(2A) The Tribunal has no jurisdiction to make in respect of a particular
consumer claim an order or orders referred to in section 8 (2A) if
the total of:
(a) the amount or amounts (if any) of money to be paid, and
(b) the value or values (if any) of the services to be supplied,
and
(c) the value or values of goods (if any) to be delivered,
under or by virtue of the order or orders would exceed the amount
prescribed by the regulations in respect of claims of that class or
description.
[12] Section 14 (3)
Omit "Subsections (1) and (2)". Insert instead "Subsections (1), (2) and (2A)".
[13] Schedule 1 Savings and transitional provisions
Omit clause 1 (1) of Schedule 1. Insert instead:
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the following
Acts:
this Act
the Consumer Claims Amendment Act 2007
Page 6
Consumer Claims Amendment Bill 2007
Amendments Schedule 1
[14] Schedule 1, clause 1 (2)
Omit "this Act". Insert instead "the Act concerned".
[15] Schedule 1, Part 3
Insert after Part 2:
Part 3 Provisions consequent on enactment of
Consumer Claims Amendment Act 2007
9 Definition
In this Part:
amending Act means the Consumer Claims Amendment Act
2007.
10 Meaning of "consumer claim"
Section 3A, as inserted by the amending Act, extends to a
consumer claim arising before the commencement of that
section, but not so as to affect any determination of the Tribunal
before that commencement.
11 Jurisdiction--supply or contract made, or supply intended to be
made, in New South Wales
Section 7 (2) and (3), as substituted by the amending Act, extend
to a consumer claim arising before the substitution of those
subsections, but not so as to affect any determination of the
Tribunal before that substitution.
12 Jurisdiction--limitation periods
Section 7 (2)-(4), as in force immediately before the
commencement of Schedule 1 [5] to the amending Act, continue
to apply in respect of a consumer claim arising before the
commencement of that item.
Page 7
Consumer Claims Amendment Bill 2007
Schedule 1 Amendments
13 Tribunal orders
An amendment made to section 8 by the amending Act extends
to the determination of a consumer claim arising before the
commencement of the amendment, but not so as to affect any
determination of the Tribunal before that commencement.
Page 8
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