Victorian Numbered Acts

FAIR TRADING (ENHANCED COMPLIANCE) ACT 2004 (NO 103 OF 2004) - SECT 77

For sections 44 and 45 of the Travel Agents Act 1986 substitute —

        "44.     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 Part 3A); 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 Part 3A); 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)).

        45.     Who may bring proceedings for offences?

    (1)     Proceedings for an offence against this Act may only be brought by—

        (a)     the Director; or

        (b)     a person authorised by the Director for the purposes of this section; or

        (c)     a member of the police force.

    (2)     In proceedings for an offence against this Act it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceedings was authorised to bring the proceedings.

    (3)     Sub-section (1) does not apply to proceedings for an indictable offence.".