Division 2—Requirements to produce information 49 145 Inspector may seek court order 49 146 Inspection of documents under court order 49 147 Notification of execution of court order 49 148 Publisher required to produce information 49 Division 3—Entry and search of premises with consent 49 149 Entry and search with consent 49 150 Notice before entry and search 49 151 Acknowledgement of consent to entry and search 49 Division 4—Entry and search of premises without consent 49 152 Entry of premises open to the public 49 153 Emergency entry 49 154 Powers during emergency entry 49 155 Entry without consent or warrant 49 156 Use or seizure of electronic equipment at premises 49 Division 5—Entry and search of premises with warrant 49 157 Search warrants 49 158 Form and content of search warrants 49 158A Warrant may authorise the giving of a direction requiring assistance from person with knowledge of a computer or other electronic device 49 159 Announcement before entry 49 160 Details of warrant to be given to occupier 49 161 Seizure of things not mentioned in the warrant 49 Division 6—Embargo notices 49 162 Embargo notices 49 163 Monitoring compliance with embargo notices 49 164 Search warrants in relation to embargo notices 49 165 Form and content of search warrants in relation to embargo notices 49 Division 7—Documents 49 166 Copies of seized documents 49 167 Retention and return of seized documents or things 49 167A Application for return of seized document 49 168 Magistrates' Court may extend 3 month period 49 Division 8—Offences 49 169 Refusal or failure to comply with requirement 49 170 Protection against self-incrimination 49 171 Offence to give false or misleading information 49
(c) in Part 4.2, means any court of competent jurisdiction and includes VCAT; Note See section 223 for the meaning of court in the Australian Consumer Law (Victoria). credit report means any written, oral, or other communication with respect to the credit worthiness, credit standing, or credit capacity of a person but does not include a report containing information solely as to transactions or communications between the person making the report and the person who is the subject of the report; credit reporting agent means a person who engages in the practice of providing credit reports to any other person, whether for profit or reward or on a regular co-operative basis; dealer means a person by whom or on whose behalf any antecedent negotiations are conducted but does not include the supplier or an agent of the supplier acting with the authority of the supplier; debt, in Part 4.1, includes an alleged debt; Director means the person who, for the time being, is employed as Director of Consumer Affairs Victoria under the Public Administration Act 2004; discharge, in Chapter 3, in relation to a contract of supply of goods or services, means discharge of the contract so far as it is executory; discharged contract means a contract to which Part 3.2 applies;
that provision, operate to frustrate or avoid the contract arise— the court must give effect to that provision and must only give effect to Division 2 to the extent that the court is satisfied that it is consistent with the provision of the contract. 42 Performed part of contract not frustrated If it appears to the court that part of a contract to which this Part applies— (a) is wholly performed before the time of discharge; or (b) is wholly performed before the time of discharge except for payment in respect of that part of the contract of amounts that are or can be ascertained under the contract— the court must treat that part of the contract as if it were a separate contract that had not been frustrated or avoided and Division 2 will only apply to the remainder of that contract. 43 Nature of action All actions and proceedings to recover amounts under this Part are taken to be founded on simple contract. 44 Limitation period Subject to Part II of the Limitation of Actions Act 1958, a cause of action under this Part is taken to have first accrued at the time of discharge.
(c) the body corporate had taken reasonable precautions and exercised due diligence in relation to appointing the natural person as director or giving the natural person management or effective control of the body corporate to ensure that the natural person was not a person referred to in subsection (1)(a). 48 Applications by prohibited persons for permission to engage in debt collection (1) Subject to subsection (4), a prohibited person may apply to the Authority at any time for permission to— (a) engage in debt collection; (b) be a director of a corporation that engages in debt collection; (c) manage or effectively control a corporation that engages in debt collection. (2) An application under this section must— (a) be in the form approved by the Authority; and (b) contain the information required by the Authority; and (c) be accompanied by the documents required by the Authority; and (d) be accompanied by the prescribed fee (if any). (3) In considering an application under this section, the Authority may— (a) conduct any inquiries it thinks fit;
(b) to receive complaints from persons and to deal with them in accordance with this Act or a Consumer Act; (c) to monitor compliance with this Act and the regulations and the Consumer Acts and the regulations under the Consumer Acts; (d) to prepare and publish guidelines in relation to the operation and enforcement of this Act or the regulations or a Consumer Act or the regulations under a Consumer Act; (e) to investigate breaches of this Act or the regulations or of a Consumer Act or the regulations under a Consumer Act; (f) to prosecute breaches of this Act or the regulations or of a Consumer Act or the regulations under a Consumer Act; (g) to institute and defend proceedings to achieve the purposes of this Act or the purposes of a Consumer Act; (h) to encourage the preparation and use of codes of practice for guidance in safeguarding and promoting the interests of purchasers of goods and services; (i) to prepare codes of practice safeguarding and promoting the interests of purchasers of goods and services and submit those codes of practice to the Minister for inclusion in the regulations under this Act; (j) in respect of matters affecting the interests of purchasers and suppliers— (i) to investigate those matters; and (ii) to conduct research; and (iii) to collect and collate information;
(b) that the person or persons are not bringing proceedings against a natural person who is acquiring goods or services of a kind ordinarily used for personal, household or domestic purposes; and (c) that it is in the public interest to institute, continue or defend proceedings on behalf of the person or persons. (3) The Director must not, under subsection (1), institute, continue or defend proceedings on behalf of a person or persons unless— (a) the person has or the persons have given consent in writing; or (b) in the case of group proceedings or representative proceedings, the representative party has given consent; or (c) the proceedings are instituted, continued or defended under a provision of an Act that expressly provides that the consent of the person on whose behalf the proceedings are instituted, continued or defended is not required for the purposes of this section. Note See, for example, sections 209 and 399A of the Residential Tenancies Act 1997. (4) After consent has been given under subsection (3)(a) or (b), the Director may institute or continue a proceeding or defence on behalf of a person or persons even if the person or any of the persons revokes the consent. (5) In this section— consumer dispute means a dispute between a purchaser or purchasers or a possible purchaser or purchasers and a supplier about a supply or supplies or possible supply or
financial benefit that the person has obtained directly or indirectly and that is reasonably attributable to the breach; S. 198(6)(c) amended by No. 23/2016 s. 13(3). (c) any order that the court considers appropriate directing the person to compensate any other person who has suffered loss, injury or damage as a result of the breach; S. 198(6)(d) amended by No. 23/2016 s. 13(3). (d) any other order that the court considers appropriate. S. 198(7) amended by No. 23/2016 s. 13(3). (7) If a body corporate is found to have breached an undertaking, each officer of the body corporate is deemed to have so breached the undertaking if the officer knowingly authorised or permitted the breach and the court may, against the officer, make all or any of the orders set out in subsection (6) that the court thinks appropriate. 199 Copy of undertaking The Director must give a copy of an undertaking under section 198 of this Act or under section 218 of the Australian Consumer Law (Victoria) to the person who made the undertaking. 200 Register of undertakings (1) The Director must— (a) maintain a register of undertakings; and (b) register each undertaking in the register of undertakings. (2) The register of undertakings must include the following— (a) the name and address of the person who gave the undertaking; (b) the date of the undertaking; (c) a copy of the undertaking.
Section 32P Section 32PA Section 32Q Section 32QA Section 32R Section 32RA Section 32SA Section 32T Section 32TA Section 32ZF Section 32ZG Section 32ZH Section 32ZI Section 32ZJ Section 32ZK Section 32ZL Section 32ZM Section 32ZN Section 32ZO Section 25 Section 26 Section 27 Section 28 Section 29 Section 30 Section 32 Section 33 Section 34 Section 35 Section 36 Section 37 Section 38 Section 39 Section 40 Section 41 Section 42 Section 43 Section 44 Old Act provision New Act provision Section 93AB Section 93AC Section 93AD Section 93AE Section 93AF Section 93AG Section 93AH Section 93AI Section 81 Section 82 Section 83 Section 84 Section 85 Section 86 Section 87 Section 88
Section 98 Section 99 Section 100(1) Section 100(2) Section 101 Section 102 Section 102B Section 102C Section 102D Section 102E Section 103 Section 104 Section 105 Section 106 Section 106AA Section 106AB Section 106B Section 106D Section 106E Section 107 Section 108 Section 109 Section 110 Section 111 Section 112 Section 134 Section 135 Section 136 Section 137 Section 113 Section 114 Section 115 Section 116 Section 117 Section 118 Section 119 Section 120 Section 121 Old Act provision New Act provision Section 106F Section 106G Section 106H Section 106HA Section 106I Section 106J Section 106K Section 106L Section 122 Section 123 Section 124 Section 125 Section 126 Section 127 Section 128 Section 129
Section 106M Section 106N Section 106O Section 106P Section 107 Section 107A Section 108 Section 109 Section 110 Section 111 Section 112 Section 112A Section 112B Section 113 Section 113A Section 114 Section 115 Section 116 Section 117(1) to (3) Section 130 Section 131 Section 132 Section 133 Section 182 Section 183 Section 184 Section 185 Section 186 Section 187 Section 188 Section 189 Section 190 Section 191 Section 192 Section 142 Section 143 Section 144 Section 145 Old Act provision New Act provision Section 117(4) Section 117(5) to (7) Section 118 Section 119(1) Section 119(2) Section 119(3) to (6) Section 120 Section 121(1) Section 146 Section 147 Section 148 Section 149 Section 150 Section 151 Section 152 Section 153
Section 121(2) to (6) Section 121A Section 122 Section 123 Section 124 Section 125 Section 126 Section 126A Section 126B(1) and (2) Section 126B(3) and (4) Section 126B(5) and (6) Section 127 Section 128 Section 129 Section 129A Section 130 Section 131 Section 132 Section 133 Section 154 Section 155 Sections 157 and 158 Section 159 Section 160 Section 161 Section 162 Section 156 Section 163 Section 164 Section 165 Section 166 Section 167 Section 168 Section 174 Section 175 Section 177 Section 169 Section 170 Old Act provision New Act provision Section 134 Section 135 Section 136 Section 137 Section 138 Section 139 Section 140 Section 141 Section 171 Section 172 Section 173 Section 176 Section 178 Section 179 Section 180 Section 181
Section 142 Section 142A Section 143 Section 144 Section 145 Section 146 Section 147 Section 148 Section 149 Section 149A Section 150 Section 151 Section 151A Section 151B Section 151C Section 152 Section 152A Section 153 Section 153A Section 193 Section 194 Section 195 Section 196 Section 197 Section 198 Section 199 Section 200 Section 201 Section 202 Section 203 Section 204 Section 205 Section 206 Section 207 Section 208 Section 209 Section 210 Section 211 Old Act provision New Act provision Section 154 Section 155 Section 156 Section 157 Section 158 Section 159 Section 160 Section 160A Section 212 Section 213 Section 214 Section 215 Section 216 Section 217 Section 218 Section 219
This publication does not include amendments made to the Australian Consumer Law and Fair Trading Act 2012 by the following Act/s. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Fines Reform Act 2014, No. 47/2014 Assent Date: 1.7.14 Commencement Date: S. 249 not yet proclaimed : This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 Rooming House Operators Act 2016, No. 26/2016 Assent Date: 10.5.16 Commencement Date: S. 84 not yet proclaimed : This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– At the date of this publication, the following provisions amending the Australian Consumer Law and Fair Trading Act 2012 were Not in Operation: Amending Act/s: Fines Reform Act 2014, No. 47/2014 249 Prohibited debt collection practices In section 45(4) of the Australian Consumer Law and Fair Trading Act 2012, after "Infringements Act 2006" insert "or the Fines Reform Act 2014". —— Rooming House Operators Act 2016, No. 26/2016 84 Australian Consumer Law and Fair Trading Act 2012 In Schedule 1 to the Australian Consumer Law and Fair Trading Act 2012, after the item relating to "Retirement Villages Act 1986" insert— "Rooming House Operators Act 2016". 4 Explanatory details