(b) in any other case, $5000 or, if another value is prescribed by the regulations, that other value; hire-purchase agreement includes— (a) a letting of goods with an option to purchase; and (b) an agreement for the purchase of goods by instalments (whether that agreement describes the instalments as rent or hire or otherwise); but does not include any agreement— (c) by which the property in the goods in the agreement passes at the time of the agreement or on or at any time before the delivery of the goods; or (d) under which the person by whom the goods are being hired or purchased is a person who is engaged in the trade or business of selling goods of the same nature or description as the goods comprised in the agreement; or (e) that is a regulated contract within the meaning of the Credit Act 1984; or (f) that is a credit contract within the meaning of the National Credit Code; s. 3 innkeeper's liability means innkeeper's liability under the common law but only in relation to the strict liability imposed on an innkeeper for failing to safeguard the property of the innkeeper's guests that is brought to the innkeeper's inn;
(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 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; s. 3 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;
(i) an action issued through a court or VCAT; or S. 45(2)(m)(ii) amended by No. 50/2014 s. 9(a). (ii) the threat of an action that the person to whom the debt is owed is entitled to issue through a court or VCAT and which the person intends to take; or S. 45(2)(m)(iii) inserted by No. 50/2014 s. 9(b). (iii) a communication with the person for the purposes of complying with section 88 of the National Credit Code; (n) communicating with a person under 18 years of age in relation to a debt, if the person is not the debtor; (o) demanding the payment of a debt from a person without having a belief on reasonable grounds that the person is— (i) the debtor or the debtor's agent or representative; and (ii) liable for the debt; (p) communicating with a person in a manner that is unreasonable in its frequency, nature or content. (3) In subsection (2), debtor includes a mortgagor or guarantor of a debtor. s. 45 (4) For the purposes of subsection (2)(g), official document includes a summons, a court document, a VCAT document, a notice issued under the Infringements Act 2006 and any other communication that is authorised, issued or approved by a court, VCAT, a government or a government agency. Note Section 38 of the Interpretation of Legislation Act 1984 defines document.
Act 1998 do not apply in a proceeding where damages are sought under this section. (5) Part VBA of the Wrongs Act 1958 does not apply to a claim under this section. 47 Certain persons prohibited from engaging in debt collection (1) A person is prohibited from engaging in debt collection if that person— (a) in the case of a natural person— (i) is under 18 years of age; or (ii) is a represented person within the meaning of the Guardianship and Administration Act 1986; or (iii) is an insolvent under administration; or S. 47(1)(a)(iv) amended by No. 50/2014 s. 10(1)(a). (iv) has, in the preceding 5 years, held a private security licence under the Private Security Act 2004 that was cancelled or suspended under section 56 or 61 of that Act; or S. 47(1)(a)(v) amended by No. 50/2014 s. 10(1)(b). (v) 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 S. 47(1)(a)(vi) amended by No. 50/2014 s. 10(1)(c). (vi) has, in the preceding 5 years, been found guilty or convicted in Victoria or elsewhere, of an offence involving fraud, dishonesty, drug trafficking or violence punishable by imprisonment of 3 months or more; or S. 47(1)(a)(vii) amended by No. 50/2014 s. 10(1)(d). (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—
(ii) to pay a fee of more than $250 (or any other amount fixed by the regulations for the purposes of this paragraph). (3) If the fees for providing information to, or obtaining information from, an information service are based on the length of time a person has electronic or mechanical access to the information service and the length of that time is automatically recorded by electronic or mechanical means, subsections (2)(b)(ii) and (2)(c)(ii) do not apply in determining whether an information provider falls within the exemption provided by subsection (2). 90 Exemption for organisers of dances etc. s. 90 (1) A person does not act as an introduction agent merely by organising a social activity with the intention of enabling persons to meet if— (a) the activity is publicly advertised and is open to any member of the public who is willing to pay the admission cost set for the activity; and (b) the admission cost is the only cost a person attending the activity is liable to pay the organiser of the activity; and (c) no person attending the activity is placed under any obligation to the organiser of the activity by reason of being allowed to attend the activity, other than an obligation concerning the person's conduct at the activity itself. (2) The condition specified by subsection (1)(a) is met even if a member of the public is refused admission to the activity, if the refusal is based on a failure by that person to obtain admission to the
Section 12 Section 13 Section 14 Section 15 Section 16 Section 17 Section 18 Section 11 Section 12 Section 13 Section 14 Section 15 Section 16 Section 17 Old Act provision New Act provision Section 19 Section 20 Section 21 Section 22 Section 32FA Section 32N Section 32NA Section 32OA 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 18 Section 19 Section 20 Section 21 Section 31 Section 22 Section 23 Section 24 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 32ZI Section 32ZJ Section 32ZK Section 32ZL Section 32ZM Section 32ZN Section 32ZO Section 38 Section 39 Section 40 Section 41 Section 42 Section 43 Section 44 Sch. 4 Old Act provision New Act provision Section 93AB Section 93AC Section 93AD Section 93AE Section 93AF Section 93AG Section 93AH Section 93AI Section 93AJ Section 93AK Section 93AL Section 93AM Section 93AN Section 93AO Section 93AP Section 93AQ Section 93AR Section 93AS Section 93AT Section 93B Section 81 Section 82 Section 83 Section 84 Section 85 Section 86 Section 87 Section 88 Section 89 Section 90 Section 91 Section 92 Section 93 Section 94 Section 95 Section 96 Section 97 Section 98 Section 99 Section 78
Section 105 Section 106 Section 106AA Section 106AB Section 106B Section 106D Section 106E Section 115 Section 116 Section 117 Section 118 Section 119 Section 120 Section 121 Sch. 4 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 106N Section 106O Section 106P Section 107 Section 107A Section 108 Section 109 Section 110 Section 111 Section 112 Section 112A Section 122 Section 123 Section 124 Section 125 Section 126 Section 127 Section 128 Section 129 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 112B Section 113 Section 113A Section 114 Section 115 Section 116 Section 117(1) to (3) Section 190 Section 191 Section 192 Section 142 Section 143 Section 144 Section 145 Sch. 4 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 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 146 Section 147 Section 148 Section 149 Section 150 Section 151 Section 152 Section 153 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 128 Section 129 Section 129A Section 130 Section 131 Section 132 Section 133 Section 167 Section 168 Section 174 Section 175 Section 177 Section 169 Section 170 Sch. 4 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 142A Section 143 Section 144 Section 145 Section 146 Section 147 Section 148 Section 149 Section 149A Section 150 Section 151 Section 171 Section 172 Section 173 Section 176 Section 178 Section 179 Section 180 Section 181 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 151A Section 151B Section 151C Section 152 Section 152A Section 153 Section 153A Section 205 Section 206 Section 207 Section 208 Section 209 Section 210 Section 211 Sch. 4 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 160C Section 160D Section 160E Section 160F Section 160G Section 160H Section 161A Section 162A Section 163A Section 163B Section 164 Section 212 Section 213 Section 214 Section 215 Section 216 Section 217 Section 218 Section 219 Section 220 Section 221 Section 222 Section 223 Section 224 Section 225 Section 226 Section 227 Section 228 Section 229 Section 230 Section 231