Queensland Consolidated Acts

FAIR TRADING ACT 1989 - SECT 121

121 Transitional provision relating to undertakings and the register of undertakings

(1) The register of undertakings kept under section 91L before the commencement continues after the commencement to be the register kept for that section as amended by the amending Act.

(2) An undertaking (an
"old undertaking" ) that, immediately before the commencement, was still in force and was included in the register continues to have effect after the commencement, to the greatest practicable extent, as if it were an undertaking (a
"new undertaking" ) given under the Australian Consumer Law (Queensland), chapter 5, part 5-1, division 1.

(3) Without limiting subsection (2), a breach of the old undertaking that happens after the commencement must be dealt with as if it were a breach of a new undertaking.

(4) For subsection (3), a reference in an old undertaking to a provision of this Act that is repealed on the commencement must be taken, to the greatest practicable extent, to be a reference to a provision of the Australian Consumer Law (Queensland) that corresponds to the repealed provision.