Victorian Repealed Acts Victorian Repealed ActsThis legislation has been repealed.
No. 16 of 1999
Version incorporating amendments as at 28 May 2012
TABLE OF PROVISIONS
Section Page
PART 1-PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
4. Repealed
5. Crown bound
6. Extra-territorial application of this Act
PART 2-THE AUSTRALIAN CONSUMER LAW
Division 1-Definitions
7. Definitions
Division 2-Application of Australian Consumer Law
8. The Australian Consumer Law text
8A, 8B. Repealed
9. Application of Australian Consumer Law
10. Future modifications of Australian Consumer Law text
11. Meaning of generic terms in Australian Consumer Law for purposes of this jurisdiction
12. Interpretation of Australian Consumer Law
13. Application of Australian Consumer Law
Division 3-References to Australian Consumer Law
14. References to Australian Consumer Law
15. References to Australian Consumer Law of other jurisdictions
Division 4-Application of Australian Consumer Law to Crown
16. Division does not apply to Commonwealth
17. Application law of this jurisdiction
18. Application law of other jurisdictions
19. Activities that are not business
20. Crown not liable to pecuniary penalty or prosecution
Division 5-Miscellaneous
21. Conferral of functions and powers on certain bodies
22. No doubling-up of liabilities
23-32. Repealed
PART 2A-IMPLIED CONDITIONS AND WARRANTIES IN CERTAIN CONTRACTS OF SUPPLY
Division 1-Interpretation
32A. Definitions
32B-32C Repealed
Division 2-Application of Part
32CA-32F Repealed
32FA. Application of Goods Act 1958 to contracts of supply
Division 3-Supply of goods or services
32G-32MA Repealed
32N. Limitation of liability in relation to supply of recreational services
32NA. Exemption from waiver form requirement
32NB, 32O Repealed
32OA. Rescission for innocent misrepresentation
32P. Discharge or rescission of contract of supply of goods
32PA. When does a discharge or rescission have effect?
32Q. Liability of supplier and person conducting antecedent negotiations
32QA. Indemnity for supplier or dealer
32R. Certain contracts or provisions void
32RA. Penalty for including void provision relating to antecedent negotiations
Division 4-General
32S. Repealed
32SA. Limit of liability of guarantors
32T. Limit of liability under security
32TA. Contract of supply not illegal etc.
PART 2B-Repealed
32U-32ZDA Repealed
PART 2C-FRUSTRATED CONTRACTS
Division 1-Introductory
32ZE. Definitions
32ZF. Contracts to which this Part applies
Division 2-Consequences of frustration of contract
32ZG. Adjustment of amounts paid or payable to parties to discharged contracts
32ZH. Court may allow amounts paid or payable to be recovered or paid
32ZI. Parties to pay an amount for valuable benefits obtained
32ZJ. Calculation of expenses incurred
32ZK. Circumstances in which amounts payable under contract of insurance excluded
Division 3-General
32ZL. Circumstances in which contract provisions continue to have effect despite frustration
32ZM. Performed part of contract not frustrated
32ZN. Nature of action
32ZO. Limitation period
PARTS 3-5-Repealed
33-93. Repealed
PART 5AA-INTRODUCTION AGENTS
Division 1-Interpretation
93AA. Definitions
93AB. Meaning of introduction agent
93AC. Meaning of introduction service
93AD. Who carries on a business?
93AE. Introduction agency not to use sex work service premises
Division 2-Persons who are not introduction agents
93AF. Effect of this Division
93AG. Exemption for activities with a community purpose
93AH. Exemption for non-profit activities
93AI. Exemption for publishers of advertisements etc.
93AJ. Exemption for information service providers
93AK. Exemption for organisers of dances etc.
93AL. Other exemptions
Division 3-Persons who must not act as introduction agents
93AM. Certain persons not to act as introduction agents
Division 4-Permission for disqualified persons to act as introduction agents
93AN. Disqualified person may apply for permission to act as an introduction agent
93AO. Permission to act as an introduction agent
93AP. Authority may impose conditions on permission
93AQ. Application for review
Division 5-Introduction agreements
93AR. What must an introduction agreement contain?
93AS. Restriction on prepayments
93AT. Person may withdraw from agreement within 3 days without penalty
PART 5A-FAIR REPORTING
93A. Definitions
93B. Correction of errors
93C. Consumer may apply to court where agent fails to correct information etc.
93D. Powers of Court on application
PART 5B-DEBT COLLECTION
Division 1-Preliminary
93E. Definitions
Division 2-Offences
93F. Certain persons prohibited from engaging in debt collection
93G. Applications by prohibited persons for permission to engage in debt collection
93H. Permission from the Authority
93I. Authority may impose conditions
93J. Application for review
93K. Offence to charge debtor for cost of debt collection
93L. Offence to purchase debt for the purpose of collection
93M. Prohibited debt collection practices
93N. Additional remedy for contraventions of section 93M.
PART 6-CODES OF PRACTICE
94. Preparation of draft code of practice by the Director
95. Consideration of draft code of practice prepared by other
persons
96. Prescribing codes of practice
97. Offence to breach code of practice
PART 7-ADMINISTRATION
Division 1-General
98. Director of Consumer Affairs Victoria
99. Staff
100. Functions and powers of the Director
101. Powers of delegation
102. Director's report
Division 2-Victorian Consumer Law Fund
102A. Definition
102B. Victorian Consumer Law Fund
102C. Order for payment to non-party consumers
102D. Special purpose grants
102E. Administration expenses
PART 8-POWERS OF DIRECTOR
Division 1-Disputes
103. Making a complaint
104. Conciliation and mediation
105. Powers of the Director in relation to proceedings on behalf of consumers
106. Proceedings and costs
106AA. Grants of legal assistance
106AB. Costs and expenses relating to proceedings to which assisted person is a party
Division 2-Suppliers
106A. Repealed
106B. Show cause notice
Division 3-Licence suspension
106C. Definitions
106D. Director may suspend licence
106E. Effect of suspension
106F. Lapsing or continuation of suspension
106G. Extension of period
106H. Right of review
Division 4-Obtaining information, documents and evidence
106HA. Power to obtain information and documents to monitor compliance
106I. Power to obtain information, documents and evidence
106J. Powers in relation to documents
106K. Copies of seized documents
106L. Retention and return of seized documents
106M. Magistrates' Court may extend 3 month period
106N. Complaints
106O. Service of documents
106P. Information sharing
PART 9-FUNCTIONS OF TRIBUNAL
107. What is a consumer and trader dispute?
107A. What is a small claim?
108. Settlement of consumer and trader disputes or small claims
109. Additional powers of Tribunal
110. Who can ask the Tribunal to resolve a consumer and trader dispute?
111. Exclusion of other jurisdiction
112. More appropriate forum
112A. Small claim commenced in a court
112B. Small Claims Suspense Account
113. Tribunal may hear dispute regardless of related criminal proceedings
113A. Tribunal may order the provision of information
PART 10-INSPECTION POWERS
114. Appointment of inspectors
115. Inspector's identity card
116. Production of identity card
117. Inspector may seek Court order
118. Requirement to produce information
119. Entry or search with consent
120. Entry of premises open to the public
121. Emergency entry
121A. Entry without consent or warrant
122. Search warrants
123. Announcement before entry
124. Details of warrant to be given to occupier
125. Seizure of things not mentioned in the warrant
126. Embargo notice
126A. Use or seizure of electronic equipment at premises
126B. Monitoring compliance with embargo notices
127. Copies of seized documents
128. Retention and return of seized documents or things
129. Magistrates' Court may extend 3 month period
129A. Court may order destruction of dangerous goods
130. Taking samples
131. Requirement to assist inspector during entry
132. Refusal or failure to comply with requirement
133. Protection against self-incrimination
134. Offence to give false or misleading information
135. Offence to hinder or obstruct inspector
136. Offence to impersonate inspector
137. Entry to be reported to the Director
138. Register of exercise of powers of entry
139. Complaints
140. Service of documents
141. Confidentiality
PART 11-ENFORCEMENT AND REMEDIES
Division 1-General enforcement provisions
142. Prosecutions of offences
142A. Who can bring proceedings for offences?
143. Contraventions by bodies corporate
144. Conduct by officers, employees or agents
Division 2-Remedies and legal proceedings
145. Interpretation
146. Undertakings
147. Copy of undertaking
148. Register of undertakings
149. Injunctions to restrain conduct
149A. Injunctions to do an act or thing
150. Interim injunctions
151. Power to rescind or vary injunctions
151A. Cease trading injunctions
151B. Interim cease trading injunctions
151C. Power to rescind or vary cease trading injunctions
152. Undertakings as to damages and costs
152A. Powers of court if requirement of Director or inspector not complied with
153. Non-punitive orders-Corrective advertising orders
153A. Punitive orders-Adverse publicity orders
154. Orders to prohibit payment of money or transfer of other
property
155. Defences
156. Evidence
157. Findings in proceedings to be evidence
158. Orders against persons found to have contravened this Act
159. Actions for damages
160. Awards of compensation
Division 3-Infringement notices
160A. Power to serve a notice
Division 4-Safety and information requirements
160B. Interim bans, recall notices and safety warning notices
160C. Notice of ban or notice
160D. Review of ban order or compulsory recall notice
Division 5-Enforcement of Australian Consumer Law (Victoria)
160E. References to courts and the Tribunal
160F. Jurisdiction of courts and the Tribunal
160G. Jurisdictional limit of Magistrates' Court not to apply to pecuniary penalties under Australian Consumer Law (Victoria)
160H. Orders against persons found to have contravened Australian Consumer Law (Victoria)
PART 12-MISCELLANEOUS
161. Repealed
161A. Application of Australian Consumer Law (Victoria) in respect of bills and receipts under Legal Profession
Act 2004.
162AA-162 Repealed
162A. Public warning statements
163. Repealed
163A. Complaints etc. are privileged
163B. Disapplication of certain provisions to Australian Consumer Law (Victoria)
164. Supreme Court-limitation of jurisdiction
165. Regulations
PART 13-SAVINGS AND TRANSITIONAL
166-169. Repealed
170. Savings and transitional provisions
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SCHEDULE 1-Consumer Acts
SCHEDULE 1A-You have a Right to withdraw from this Agreement within 3 Days
SCHEDULE 2-Repealed
SCHEDULE 3-Savings and Transitional
1. Superseded references
2. Actions commenced by Director or Secretary
3. Inspectors
4. Regulations
5. Orders
6. Superseded references to Director of Fair Trading and Office of Fair Trading and Business Affairs
7. Actions commenced by Director
8. Superseded references
9. Actions commenced by Director
10. Validation of ban orders
11. Continuation of existing small claims
12. Continuation of existing hire-purchase agreements
13. Transitional-references to the Frustrated Contracts
Act 1959.
14. Transitional provisions-Fair Trading and Other Acts Amendment Act 2009.
15. Transitional-Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009.
16. Transitional-Consumer Affairs Legislation Amendment Act 2010.
17. Transitional-Repeal of Trade Measurement Act 1995.
18. Transitional-Repeal of Trade Measurement
(Administration) Act 1995.
19. Transitional-Transfer of information for the purpose of the National Measurement Act 1960 of the Commonwealth
19A. Transitional provision-repeal of Part 2B.
19B. Transitional-jurisdiction of the Tribunal
19C. Savings-Fair Trading (Information Standard) (Australian Builders Plate Standard) Regulations 2009.
19D. Repealed
20. Transitional provision-Fair Trading Amendment (Unfair Contract Terms) Act 2010.
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details