Queensland Consolidated Acts

FAIR TRADING ACT 1989 - SECT 49

49 Jurisdiction extends to provisions having wider application

(1) This section applies if—

(a) this division confers jurisdiction on an entity to deal with matters arising under a particular provision of the Australian Consumer Law (Queensland); and

(b) under part 3B , the particular provision has an extended application.

(2) The conferral of jurisdiction also applies in relation to the provision’s extended application.

Example for subsection (2)—

Under part 3B of this Act, the application of the Australian Consumer Law (Queensland), chapter 5 , part 5-2 , division 2 (Injunctions) is extended to particular provisions of this Act, including, for example, the FTA consumer offence provisions. Under this division, depending on circumstances, either the District Court or the Supreme Court has jurisdiction for injunctions under the Australian Consumer Law (Queensland). That jurisdiction arrangement will therefore also apply for injunctions relating to contraventions of the FTA consumer offence provisions even though those provisions do not form part of the Australian Consumer Law (Queensland).