Victorian Numbered Acts

FAIR TRADING (ENHANCED COMPLIANCE) ACT 2004 (NO 103 OF 2004) - SECT 58

After Division 2 of Part 5A of the Motor Car Traders Act 1986 insert —

"Division 3 — Application of Fair Trading Act 1999

        82I.     Application of Fair Trading Act 1999

    (1)     Sections 143 and 144 and Division 2 of Part 11 (except sections 151A, 151B, 151C, 153 and 155) of the Fair Trading Act 1999 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Fair Trading Act 1999 were a reference to this Act.

    (2)     For the purposes of sub-section (1), section 154 of the Fair Trading Act 1999 applies as if a reference to prescribed proceedings were a reference to—

        (a)     proceedings for an offence against a provision of this Act (except Division 1); or

        (b)     proceedings on an application for an injunction under section 149, 149A or 150 of the Fair Trading Act 1999 (as applied by sub-section (1)) against a person alleged to have contravened a provision of this Act (except Division 1); or

        (c)     proceedings on an application for an order under section 158, or for
damages under section 159, of the Fair Trading Act 1999 (as applied by sub-section (1)).".