disposal costs means the costs incurred by the receiver for the disposal of goods under Part 4.2; enforcement expenses has the same meaning as it has in the National Credit Code; engage in debt collection means to perform any of the following for remuneration or reward— (a) to find, or repossess, for another person any goods or chattels that the other person is entitled to repossess under an agreement or goods mortgage; (b) to collect, attempt to collect, or request payment of, debts owed to another person; fault means negligence or another act or omission giving rise to a liability; the Fund means the Victorian Consumer Law Fund referred to in section 134(1); guest means a person to whom, or for whom, accommodation is provided by an accommodation provider during a period of accommodation, but does not include— (a) a person who is at the accommodation place merely to obtain beverages or food or to visit someone else; or (b) a person who usually lives at the accommodation place; S. 3(1) def. of high value amended by No. 57/2013 s. 6. high value, for goods, means the goods are of a value more than or equal to— (a) in the case of a motor vehicle, $1000 or, if another value is prescribed by the regulations, that other value; or
(b) property taken from the accommodation or its precincts by or for the guest; provide, in Part 5.2, includes offering to provide; provider, in Part 4.2, means the person who gives possession of goods under a bailment (whether or not the person is the owner of the goods); public auction, in Part 4.2, includes an auction conducted on the Internet; public holiday has the same meaning as in the Public Holidays Act 1993; publicly registered interest, in Part 4.2, means an interest in goods that is recorded— (a) in the register within the meaning of the Personal Property Securities Act 2009 of the Commonwealth if the goods are described by serial number in that register; or (b) in any register prescribed by the regulations; receiver, in Part 4.2, means the person who takes possession of goods under a bailment; Registrar, in Part 4.2, means the Registrar appointed under section 4 of the Unclaimed Money Act 2008; related body corporate has the same meaning as in the Corporations Act; relevant charge has the meaning given by section 55; rescission, in Part 3.1, in relation to a contract of supply of goods or services means avoidance of the contract as from its beginning;
(a) the law of a participating jurisdiction that applies the Australian Consumer Law, either with or without modifications, as a law of the participating jurisdiction; or (b) any regulations or other legislative instrument made under a law described in paragraph (a); or (c) the Australian Consumer Law, applying as a law of the participating jurisdiction, either with or without modifications; Australian Consumer Law means (according to the context)— (a) the Australian Consumer Law text; or (b) the Australian Consumer Law text, applying as a law of a participating jurisdiction, either with or without modifications; Australian Consumer Law text means the text described in section 7; instrument means any document whatever, including the following— (a) an Act or an instrument made under an Act; (b) a law of this jurisdiction or an instrument made under such a law; (c) an award or other industrial determination or order, or an industrial agreement; (d) any other order (whether executive, judicial or otherwise); (e) a notice, certificate or licence;
(b) the exercise of a right conferred by the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) in relation to the supply of the recreational services under the contract; or (c) any liability of the supplier for a failure to comply with a guarantee under that Subdivision in relation to the supply of the recreational services under the contract. (2) Subsection (1) only applies if— (a) the contract of supply of recreational services was entered into on or after 1 June 2004; and (b) the exclusion, restriction or modification contained in the term is limited to liability for death or personal injury; and (c) the term— (i) contains the prescribed particulars (if any) and is in the prescribed form (if any); or (ii) is specified, or is of a class of term specified, in an Order made under section 23; and (d) if there is a prescribed form for the term, the supplier has not made a false or misleading statement as to a material particular in or in relation to the term; and (e) the term was brought to the attention of the purchaser prior to the supply of the recreational services. (3) Despite subsection (1), a person is not entitled to rely on a term of a contract in relation to the supply of recreational services which complies with subsection (2) if—
S. 47(1)(b)(vi) inserted by No. 50/2014 s. 10(3). (vi) has, in the preceding 5 years, held a private security registration under the Private Security Act 2004 that has been cancelled or suspended under section 111 or 116 of that Act; or S. 47(1)(b)(vii) inserted by No. 50/2014 s. 10(3). (vii) has, in the preceding 5 years, been found to have been involved in the use of physical force, undue harassment or coercion in contravention of— (A) section 12DJ of the Australian Securities and Investments Commission Act 2001 of the Commonwealth; or (B) an equivalent provision in an Act of the Commonwealth or Act of another State or Territory; or (C) this Act or the regulations (except if damages have been awarded under section 46). (2) A prohibited person must not engage in debt collection. Penalty: 240 penalty units or 2 years imprisonment, in the case of a natural person; 1200 penalty units, in the case of a body corporate. S. 47(3) inserted by No. 50/2014 s. 10(4). (3) A body corporate does not commit an offence against subsection (2) if— (a) the body corporate is a prohibited person only because of subsection (1)(b)(ii); and (b) at the time the body corporate engaged in debt collection, it was not aware that the natural person referred to in subsection (1)(b)(ii) was a person referred to in subsection (1)(a); and
(c) the guest agrees to pay a fee for the accommodation provider accepting the property for depositing in the safekeeping service, if asked to do so by the accommodation provider. (6) For the purposes of subsection (1), a reasonable excuse includes— (a) that the guest does not place the property in a container and fasten or seal it, in response to a requirement under subsection (2)(d); (b) in a case where subsection (5) applies, that the guest does not agree to pay any fee requested under subsection (5)(c); (c) that the accommodation provider reasonably considers that depositing the property in the safekeeping service would be unreasonable having regard to the property's nature, size or value and the type of accommodation and tariff charged for the accommodation. 104 Notice about this Part (1) An accommodation provider must cause the notice set out in Schedule 3 to be conspicuously displayed so it may easily be read by a person when the person is in the reception area of, or the main entrance to, the accommodation place. (2) An accommodation provider must cause the notice set out in Schedule 3— (a) to be conspicuously displayed in each unit of accommodation that is provided to guests so it may easily be read by a guest who has use of that unit of accommodation; or (b) to be given to the guest in respect of each unit of accommodation, provided that the notice is specifically identified and mentioned to the guest.
(c) take and keep samples of any thing found on the premises, if the inspector believes on reasonable grounds that the thing is connected with a contravention of this Act or the regulations; (d) examine and test any equipment found on the premises that is of a kind used in connection with the supply of goods or services; (e) in the case of any document on the premises, do all or any of the following— (i) require the document to be produced for examination; (ii) examine, make copies or take extracts from the document, or arrange for the making of copies or the taking of extracts; (iii) remove the document for so long as is reasonably necessary to make copies or take extracts from the document; S. 155(2)(f) amended by No. 23/2016 s. 8. (f) make any still or moving image, audio recording or audio-visual recording; (g) bring any equipment onto the premises that the inspector believes on reasonable grounds is necessary for the examination or processing of things (including documents) found at the premises in order to determine whether they are things that may be seized under this section. (3) A power under subsection (1)— (a) must not be exercised in any part of the premises that is used for residential purposes; and
(a) the claim is for an amount not exceeding $10 000; and (b) the claim relates to a supply or possible supply of goods or services; and (c) the supply or possible supply of goods or services is the subject of a related consumer and trader dispute. 183 What is a small claim? In this Chapter small claim means a consumer and trader dispute in relation to— (a) a claim for payment of money in an amount not exceeding $10 000 or other prescribed amount; or (b) a claim for performance of work of a value not exceeding $10 000 or other prescribed amount— that in either case arises out of a contract for the supply of goods or the provision of services other than a contract of life insurance. 184 Settlement of consumer and trader disputes or small claims (1) VCAT may hear and determine a consumer and trader dispute. (2) VCAT may do one or more of the following in relation to a consumer and trader dispute— (a) refer a dispute to a mediator appointed by VCAT; (b) order the payment of a sum of money— (i) found to be owing by one party to another party;
Section 93AK Section 93AL Section 93AM Section 93AN Section 93AO Section 93AP Section 93AQ Section 93AR Section 93AS Section 93AT Section 93B Section 93C Section 93D Section 93F Section 93G Section 93H Section 93I Section 93J Section 90 Section 91 Section 92 Section 93 Section 94 Section 95 Section 96 Section 97 Section 98 Section 99 Section 78 Section 79 Section 80 Section 47 Section 48 Section 49 Section 50 Section 51 Old Act provision New Act provision Section 93K Section 93L Section 93M Section 93N Section 94 Section 95 Section 96 Section 97 Section 98 Section 52 Section 53 Section 45 Section 46 Section 138 Section 139 Section 140 Section 141 Section 107
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 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 106M Section 122 Section 123 Section 124 Section 125 Section 126 Section 127 Section 128 Section 129 Section 130
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 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 121(2) to (6) Section 146 Section 147 Section 148 Section 149 Section 150 Section 151 Section 152 Section 153 Section 154
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 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 142 Section 171 Section 172 Section 173 Section 176 Section 178 Section 179 Section 180 Section 181 Section 193
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 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 160B Section 212 Section 213 Section 214 Section 215 Section 216 Section 217 Section 218 Section 219 Section 220