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FAIR TRADING ACT 1989 - SECT 50A

Tribunal’s jurisdiction for particular matters relating to motor vehicles

50A Tribunal’s jurisdiction for particular matters relating to motor vehicles

(1) A person may apply, as provided under the QCAT Act , to the tribunal for an order mentioned in subsection (2) for an action—
(a) under a provision of the Australian Consumer Law (Queensland) listed in the table to this section; and
(b) relating to a motor vehicle; and
(c) seeking an amount or value of other relief of not more than $100,000.
(2) In a proceeding under subsection (1) , the tribunal may make only the following orders—
(a) an order requiring a party to the proceeding to pay a stated amount to a stated person;
(b) an order that a stated amount is not due or owing by the applicant to a stated person, or by any party to the proceeding to the applicant;
(c) an order requiring a party to the proceeding, other than the applicant, to perform work to rectify a defect in goods or services to which the claim relates;
(d) an order requiring a party to the proceeding to return goods that relate to the claim and are in the party’s possession or control to a stated person;
(e) an order combining 2 or more orders mentioned in paragraphs (a) , (b) , (c) and (d) .
(3) However, the tribunal can not make an order under subsection (2) that—
(a) purports to require payment of an amount, performance of work or return of goods of a value of more than $100,000; or
(b) purports to grant relief of a value of more than $100,000 from the payment of an amount; or
(c) combines 2 or more orders mentioned in subsection (2) and purports to award or declare entitlements or benefits (or both) of a total value of more than $100,000.
(4) In this section—

"motor vehicle" see the Motor Dealers and Chattel Auctioneers Act 2014 , section 12 .

Table

Provision of Australian Consumer Law (Queensland) Name of provision Nature of proceeding
section 236 (1) Actions for damages Action to recover amount of loss or damage
section 259 (2), (3) and (4) Action against suppliers of goods s 259 (2) - Action to recover reasonable costs incurred by consumer
s 259 (3) - Action to recover compensation for reduction in value of goods
s 259 (4) - Action to recover damages because of failure to comply with guarantee
section 265 (3) Termination of contracts for the supply of services that are connected with rejected goods Action to recover refund
section 267 (2), (3) and (4) Action against suppliers of services s 267 (2) - Action to recover reasonable costs incurred by consumer
s 267 (3) - Action to recover compensation for reduction in value of services
s 267 (4) - Action to recover damages because of failure to comply with guarantee
section 269 (3) Termination of contracts for the supply of services Action to recover refund
section 271 (1), (3) and (5) Action for damages against manufacturers of goods Action to recover damages from manufacturer
section 274 (3) Indemnification of suppliers by manufacturers Action against manufacturer for legal or equitable relief
section 279 (1) Action by consumer to recover amount of loss or damage Action to recover amount of loss or damage



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