Division 5—Miscellaneous 21 21 Conferral of functions and powers on certain bodies 21 22 No doubling-up of liabilities 22 23–32 Repealed 12 23 Division 1—Interpretation 23 32A Definitions 23 32B–32C Repealed 24 Division 2—Application of Part 24 32CA–32F Repealed 24 32FA Application of Goods Act 1958 to contracts of supply 24 Division 3—Supply of goods or services 25 32G–32MA Repealed 25 32N Limitation of liability in relation to supply of recreational services 25 32NA Exemption from waiver form requirement 29 32NB, 32O Repealed 30 32OA Rescission for innocent misrepresentation 30 32P Discharge or rescission of contract of supply of goods 31 32PA When does a discharge or rescission have effect? 32 32Q Liability of supplier and person conducting antecedent negotiations 33 32QA Indemnity for supplier or dealer 35 32R Certain contracts or provisions void 35 32RA Penalty for including void provision relating to antecedent negotiations 36 Division 4—General 36 32S Repealed 36 32SA Limit of liability of guarantors 36 32T Limit of liability under security 39 32TA Contract of supply not illegal etc. 39 40 32U–32ZDA Repealed 40
S. 3 def. of contact sales agreement repealed by No. 72/2010 s. 5(1). * * * * * S. 3 def. of cooling-off period amended by No. 106/2003 s. 3(2)(a), repealed by No. 72/2010 s. 5(1). * * * * * S. 3 def. of dangerous repealed by No. 72/2010 s. 5(1). * * * * * s. 3 S. 3 def. of Director amended by Nos 35/2000 s. 40(2)(a), 30/2003 s. 4(3), 108/2004 s. 117(1) (Sch. 3 item 74.1). Director means the person who, for the time being, is employed as Director of Consumer Affairs Victoria under the Public Administration Act 2004; S. 3 def. of engaging in conduct repealed by No. 72/2010 s. 5(1). * * * * * S. 3 def. of fixed term ban order inserted by No. 30/2003 s. 4(1), repealed by No. 72/2010 s. 5(1). * * * * *
(d) in a case where a contract for the supply of goods or services is made outside Victoria, to the supply of those goods or services to— (i) a person normally resident in Victoria; or s. 6 (ii) a body corporate whose principal place of business is in Victoria. _______________ Pt 2 (Heading and ss 7–32) amended by Nos 44/2001 s. 3(Sch. item 42.3), 86/2001 s. 3, 4, 30/2003 ss 106/2003 s. 4, 103/2004 ss 4, 5, 17/2007 s. 3, 45/2009 s. 8, 68/2009 s. 97(Sch. items 63/2010 s. 81(Sch. item 6.1), substituted as Pt 2 (Heading and ss 7–22) by No. 72/2010 s. 9. Division 1—Definitions S. 7 substituted by No. 72/2010 s. 9. 7 Definitions s. 7 (1) In this Part, unless the contrary intention appears— application law means— (a) a law of a participating jurisdiction that applies the Australian Consumer Law, either with or without modifications, as 10,
(2) Subject to subsection (1), the Australian Consumer Law (Victoria) extends to conduct, and other acts, matters and things, occurring or existing outside or partly outside this jurisdiction (whether within or outside Australia). Division 3—References to Australian Consumer Law S. 14 substituted by No. 72/2010 s. 9. 14 References to Australian Consumer Law s. 14 (1) A reference in any instrument to the Australian Consumer Law is a reference to the Australian Consumer Law of any or all of the participating jurisdictions. (2) Subsection (1) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires. S. 15 substituted by No. 72/2010 s. 9. 15 References to Australian Consumer Law of other jurisdictions (1) This section has effect for the purposes of an Act, a law of this jurisdiction or an instrument under an Act or such a law. (2) If a law of a participating jurisdiction other than this jurisdiction provides that the Australian Consumer Law text as in force for the time being applies as a law of that jurisdiction, the Australian Consumer Law of that jurisdiction is the Australian Consumer Law text, applying as a law of that jurisdiction. Division 4—Application of Australian Consumer Law to Crown S. 16 substituted by No. 72/2010 s. 9. 16 Division does not apply to Commonwealth
In this Division, participating jurisdiction or other jurisdiction does not include the Commonwealth. S. 17 substituted by No. 72/2010 s. 9. 17 Application law of this jurisdiction The application law of this jurisdiction binds (so far as the legislative power of Parliament permits) the Crown in right of this jurisdiction and of each other jurisdiction, so far as the Crown carries on a business, either directly or by an authority of the jurisdiction concerned. S. 18 substituted by No. 72/2010 s. 9. 18 Application law of other jurisdictions s. 18 (1) The application law of each participating jurisdiction other than this jurisdiction binds the Crown in right of this jurisdiction, so far as the Crown carries on a business, either directly or by an authority of this jurisdiction. (2) If, because of this Part, a provision of the law of another participating jurisdiction binds the Crown in right of this jurisdiction, the Crown in that right is subject to that provision despite any prerogative right or privilege. S. 19 substituted by No. 72/2010 s. 9. 19 Activities that are not business (1) For the purposes of sections 17 and 18, the following do not amount to carrying on a business— (a) imposing or collecting— (i) taxes; or (ii) levies; or (iii) fees for authorisations; (b) granting, refusing to grant, revoking, suspending or varying authorisations (whether or not they are subject to conditions);
primary products means— (a) agricultural or horticultural produce; or (b) crops, whether on or attached to the land or not; or (c) animals (whether dead or alive); or (d) the bodily produce (including natural increase) of animals. (4) For the purposes of this section, an authority of a State is non-commercial if— (a) it is constituted by only one person; and (b) it is neither a trading corporation nor a financial corporation. S. 20 substituted by No. 72/2010 s. 9. 20 Crown not liable to pecuniary penalty or prosecution s. 20 (1) Nothing in the application law of this jurisdiction makes the Crown in any capacity liable to a pecuniary penalty or to be prosecuted for an offence. (2) Without limiting subsection (1), nothing in the application law of a participating jurisdiction makes the Crown in right of this jurisdiction liable to a pecuniary penalty or to be prosecuted for an offence. (3) The protection in subsection (1) or (2) does not apply to an authority of any jurisdiction. Division 5—Miscellaneous S. 21 substituted by No. 72/2010 s. 9. 21 Conferral of functions and powers on certain bodies (1) The authorities and officers of the Commonwealth referred to in the Australian Consumer Law (Victoria) have the functions and powers conferred or expressed to be conferred on them under the Australian Consumer Law (Victoria).
(2) If a supplier commits an offence referred to in subsection (1), the purchaser does not, by reason only of having been a party to the contract, aid, abet, counsel or procure the commission of the offence. s. 32TA __________________ Pt 2B (Heading and ss 32U–32ZD) inserted by No. 30/2003 s. 12, amended by Nos 106/2003 ss 5, 6, 42/2004 s. 3, 19/2009 ss 21/2010 ss 5–14, repealed by No. 72/2010 s. 17. * * * * * Pt 2C (Headings and ss inserted by No. 2/2008 s. 4. Division 1—Introductory S 32ZE inserted by No. 2/2008 s. 4. s. 32ZE 32ZE Definitions In this Part— court, in relation to any matter, means the court or arbitrator by or before whom the matter falls to be determined; discharged contract means a contract to which this Part applies; time of discharge, in relation to any contract, means the time at which—
S. 93AA inserted by No. 63/2010 s. 7. s. 93AA 93AA Definitions In this Part— business day, in relation to an introduction agent, means a day on which the introduction agent is open for business; introduction agent has the meaning given by section 93AB; introduction agreement means an agreement to provide an introduction service; introduction service has the meaning given by section 93AC. S. 93AB inserted by No. 63/2010 s. 7. 93AB Meaning of introduction agent An introduction agent is a person who carries on a business of providing, or offering to provide, an introduction service. S. 93AC inserted by No. 63/2010 s. 7. 93AC Meaning of introduction service (1) An introduction service is any one or more of the following— (a) giving a name (or other identifying details) to a person; or (b) giving a document containing names (or other identifying details) to a person; or Note Document is defined in section 38 of the Interpretation of Legislation Act 1984. (c) arranging for a person to attend a meeting; or (d) doing anything else specified by the regulations for the purposes of this subsection in relation to a person— for the purpose of introducing the person to one or more other persons who might be interested in having a personal relationship with the person, or in attending a social outing with the person.
(b) money appropriated by the Parliament for the Fund and the interest earned on that money; (c) any money paid into the Fund pursuant to a non-party order— s. 102E (i) that the order specifies may be applied to the cost of disbursing payments to non-party consumers; or (ii) remaining on the final payment day and that the order has specified may be applied for the purposes of this section. _______________ Pt 8 (Heading) substituted by No. 30/2003 s. 41(1). Pt 8 Div. 1 (Heading) inserted by No. 30/2003 s. 41(2). Division 1—Disputes 103 Making a complaint s. 103 (1) Any person may complain to the Director about any matter which the Director has power to refer to conciliation under section 104. (2) A person may complain to the Director in writing. (3) The Director may ask a person who has made a complaint to give more information about the complaint within the time fixed by the Director. (4) A person who has made a complaint must give his or her name to the Director and such other
(a) the person has or the persons have given consent in writing; or S. 105(3)(b) amended by No. 67/2010 s. 172(1)(a). (b) in the case of group proceedings or representative proceedings, the representative party has given consent; or S. 105(3)(c) inserted by No. 67/2010 s. 172(1)(b). (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. s. 105 S. 105(4) amended by No. 67/2010 s. 172(2). (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— S. 105(5) def. of consumer dispute amended by No. 11/2010 s. 45. 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 supplies of goods or services in trade or commerce, other than a dispute under or in relation to the National Consumer Credit Protection Act 2009 of the Commonwealth; proceeding includes group proceeding and representative proceeding. Note to s. 105 inserted by No. 72/2010 s. 21. Note
600 penalty units, in the case of a natural person. 1200 penalty units, in the case of a body corporate. Pt 8 Div. 3 (Heading and ss inserted by No. 30/2003 s. 45. Division 3—Licence suspension S. 106C inserted by No. 30/2003 s. 45. 106C Definitions s. 106C In this Division— S. 106C def. of licence amended by Nos 75/2006 s. 192(Sch. 2 item 3.1), 11/2010 s. 46, 63/2010 s. 81(Sch. item 6.2), 63/2010 s. 9(1). licence means— (a) a licence issued or granted under— (i) the Conveyancers Act 2006; or (ia) the Estate Agents Act 1980; or (ii) the Motor Car Traders Act 1986; or (iii) the Sex Work Act 1994; or (iv) the Travel Agents Act 1986; or (b) a right to act as an agent's representative within the meaning of the Estate Agents Act 1980; or (c) a right to participate in a customer service capacity in the business of a motor car trader within the meaning of the Motor Car Traders Act 1986; or (d) an approval under Division 5 of Part 3 of the Sex Work Act 1994; or * * * * * * * * * *
S. 106HA inserted by No. 103/2004 s. 12. 106HA Power to obtain information and documents to monitor compliance s. 106H (1) The Director may, by notice in writing, require a person who the Director believes is capable of providing information or producing documents that may assist the Director in monitoring compliance with this Act or the regulations— (a) to provide to the Director, by writing signed by that person or, in the case of a body corporate, by a competent officer of the body corporate, within the time and in the manner specified in the notice, that information; or (b) to produce to the Director, or to a person specified in the notice acting on the Director's behalf, in accordance with the notice, those documents; or (c) to appear before the Director at a time and place specified in the notice to give that information, either orally or in writing, and produce those documents. (2) A person must not— (a) refuse or fail to comply with a notice under this section to the extent that the person is capable of complying with it; or (b) in purported compliance with a notice under this section, knowingly provide information or give evidence that is false or misleading; or (c) obstruct or hinder the Director in exercising a power under this section. 20 penalty units. (3) Subject to subsection (4), a person is not excused from answering a question, providing information
(b) order the payment of a sum of money— (i) found to be owing by one party to another party; (ii) by way of damages (including exemplary damages and damages in the nature of interest); (iii) by way of restitution; (c) vary any term of a contract; (d) declare that a term of a contract is, or is not, void; (e) order the refund of any money paid under a contract or under a void contract; (f) make an order in the nature of an order for specific performance of a contract; (g) order rescission of a contract; S. 108(2)(h) amended by No. 30/2003 s. 49(2). (h) order rectification of a contract; S. 108(2)(i) inserted by No. 30/2003 s. 49(3). (i) declare that a debt is, or is not, owing; S. 108(2)(j) inserted by No. 30/2003 s. 49(3). (j) order a party to do or refrain from doing something. Example to s. 108(2) inserted by No. 30/2003 s. 49(3). Example If the supplier has default listed the purchaser with a credit reference agency in relation to a perceived debt owing, the Tribunal, in addition to declaring that there is no debt owing, may order the supplier to contact the credit reference agency and have the default listing removed from the purchaser's credit record.
S. 118(1)(b) inserted by No. 30/2003 s. 53. (b) has been published by the publisher. S. 118(1A) inserted by No. 106/2003 s. 15(2), repealed by No. 72/2010 s. 26. * * * * * S. 118(2) amended by No. 106/2003 s. 15(3). (2) An inspector can only require production of information under this section with the written consent of the Director. 119 Entry or search with consent s. 119 (1) If an inspector believes, on reasonable grounds, that a person has contravened this Act or the regulations, the inspector, with the consent of the occupier of the premises, may— (a) enter and search any premises; (b) seize anything found on the premises which the inspector believes on reasonable grounds, to be connected with the alleged contravention; (c) examine and take and keep samples of any goods found on the premises which the inspector believes on reasonable grounds to be connected with the alleged contravention; S. 119(1)(d) substituted by No. 79/2006 s. 64. (d) in the case of any document on the premises, if the inspector believes, on reasonable grounds, that it is connected with the alleged contravention, the inspector may do all or any of the following— (i) require the document to be produced for examination;
(a) section 126(2); S. 126B(4)(b) amended by No. 72/2010 s. 28(a)(i). (b) a safety standard; S. 126B(4)(c) amended by No. 72/2010 s. 28(a)(ii). (c) an interim ban; S. 126B(4)(d) amended by No. 72/2010 s. 28(a)(iii). (d) a permanent ban— s. 126B S. 126B(4)(e) repealed by No. 72/2010 s. 28(a)(iv). * * * * * the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989. (5) The warrant may authorise the inspector, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment, to enter the premises specified in the warrant, if necessary by force, and— (a) to search for, seize and secure against interference the thing named in the warrant; or S. 126B(5)(b) amended by No. 72/2010 s. 28(b)(i). (b) to test the thing named in the warrant to determine whether it complies with a safety standard; or (c) to test the thing named in the warrant to determine whether any of the following is being complied with—
(d) has conspired with others to effect the contravention. 146 Undertakings (1) The Director may accept a written undertaking given by a person in connection with— (a) a matter in relation to which the Director has a power or function under this Act; or S. 146(1)(b) amended by No. 35/2000 s. 40(3). (b) a matter relating to a contravention of any other Consumer Act. (2) The person may withdraw or vary an undertaking at any time, if the person has first obtained the consent of the Director. S. 146(2A) inserted by No. 103/2004 s. 17. (2A) The Director, with the consent of the person who gave an undertaking, may apply, at any time, to the Magistrates' Court for an order directing the person to comply with the undertaking. S. 146(2B) inserted by No. 103/2004 s. 17. (2B) On an application under subsection (2A), the Magistrates' Court may by order direct the person who gave the undertaking to comply with the undertaking. (3) If the Director considers that the person who gave the undertaking has breached any of its terms, the Director may apply to the Magistrates' Court for an order under subsection (4). (4) If the Magistrates' Court is satisfied that the person has breached a term of the undertaking, the Magistrates' Court may make all or any of the following orders— (a) an order directing the person to comply with that term of the undertaking; (b) an order directing the person to pay to the State an amount up to the amount of any financial benefit that the person has obtained
(Victoria), or if that is not practicable, as soon as possible after the end of that period. (3) A failure to comply with subsection (1) or (2) in relation to an interim ban or recall notice does not invalidate the interim ban or recall notice. New s. 160D inserted by No. 72/2010 s. 40. 160D Review of ban order or compulsory recall notice (1) A person whose interests are affected by a decision to make an interim ban or a recall notice may apply to the Tribunal for review of that decision. (2) An application for review must be made within 28 days after the later of— (a) the day on which the interim ban is imposed or the recall notice is issued under the Australian Consumer Law (Victoria); or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. Pt 11 Div. 5 (Heading and new ss inserted by No. 72/2010 s. 40. Division 5—Enforcement of Australian Consumer Law (Victoria) New s. 160E inserted by No. 72/2010 s. 40. 160E References to courts and the Tribunal s. 160E (1) Subject to subsections (2), (3) and (4) and section 160F and 160G, in the Australian Consumer Law (Victoria), court means— (a) the Supreme Court; (b) the County Court;
or the Magistrates' Court may make any order it considers fair if it finds that— (a) the person against whom the proceedings were brought (the accused) has contravened a provision of that Law; and (b) another person (the injured person) has suffered or may suffer loss or damage as a result of the contravention of that Law. s. 160G (2) Without limiting subsection (1), the orders that may be made under this section include an order declaring that the accused has contravened a provision of the Australian Consumer Law (Victoria). _______________ S. 161 repealed by No. 72/2010 s. 41. * * * * * S. 161A inserted by No. 30/2003 s. 64, amended by No. 18/2005 s. 18(Sch. 1 item 42), substituted by No. 72/2010 s. 42. 161A Application of Australian Consumer Law (Victoria) in respect of bills and receipts under Legal Profession Act 2004 s. 161A Section 101 of the Australian Consumer Law (Victoria) does not apply to a contract for the provision of legal services to which the Legal Profession Act 2004 applies. Ss 162AA, 162AB inserted by No. 63/2010 s. 70, repealed by No. 63/2010 s. 71. * * * * * S. 162 repealed by No. 72/2010 s. 43. * * * * *
Schedule 3 has effect. __________________ SCHEDULES Sch. 1 amended by No. 35/2000 s. 40(5)(a)(b), substituted by No. 103/2004 s. 27, amended by Nos 77/2006 s. 90, 69/2006 s. 224(Sch. 3 item 6.2), 75/2006 s. 192(Sch. 2 item 3.3), 2/2009 s. 22, 19/2009 s. 17(2), 1/2010 s. 105(2)–(4), 63/2010 s. 81(Sch. items 6.4, 6.5), 63/2010 s. 9(3), 79/2011 s. 31. SCHEDULE 1 Sch. 1 Associations Incorporation Act 1981 Consumer Credit () Act 1995 Conveyancers Act 2006 Co-operatives Act 1996 Credit Act 1984 Credit (Administration) Act 1984 Contracts Act 1995 Estate Agents Act 1980 Fair Trading Act 1999 Fundraising Act 1998 Funerals Act 2006 Goods Act 1958 Motor Car Traders Act 1986 Owners Corporations Act 2006 Partnership Act 1958 Residential Tenancies Act 1997 Retirement Villages Act 1986 of Land Act 1962 Second-Hand Dealers and Pawnbrokers Act 1989 Sex Work Act 1994
Sch. 3 cl. 15 inserted by No. 45/2009 s. 9. 15 Transitional—Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009 (1) Despite the commencement of section 7 of the Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009, section 4(2) as in force immediately before that commencement continues to apply to proceedings for an offence that were commenced under section 4 but not completed before that commencement. Sch. 3 (2) Despite the commencement of section 8 of the Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009, section 14(2) as in force immediately before that commencement continues to apply to proceedings commenced under section 14 but not completed before that commencement. Sch. 3 cl. 16 inserted by No. 1/2010 s. 19. 16 Transitional—Consumer Affairs Legislation Amendment Act 2010 Sch. 3 cl. 16(1) amended by No. 63/2010 s. 72(1). (1) As soon as practicable after section 18 of the Consumer Affairs Legislation Amendment Act 2010 comes into operation, the Director must take possession, and have custody, control and use of the register within the meaning of section 7 of the Private Agents Act 1966. Sch. 3 cl. 16(2) amended by No. 63/2010 s. 72(1). (2) As soon as practicable after section 18 of the Consumer Affairs Legislation Amendment Act 2010 comes into operation, the Director must send a notice to every person who, immediately before that date, held a licence in respect of any category of private agent under the Private Agents Act 1966, requiring that person to give or send their licence to the Director.
Assent Date: 10.10.06 Commencement Date: S. 192(Sch. 2 item 3) on 1.7.08: s. 2(2) : This information relates only to the provision/s amending the Fair Trading Act 1999 Funerals Act 2006, No. 77/2006 Assent Date: 10.10.06 Commencement Date: S. 90 on 1.11.07: s. 2(2) : This information relates only to the provision/s amending the Fair Trading Act 1999 Justice Legislation (Further Amendment) Act 2006, No. 79/2006 Assent Date: 10.10.06 Commencement Date: Ss 64–68 on 11.10.06: s. 2(1) : This information relates only to the provision/s amending the Fair Trading Act 1999 Fair Trading and Consumer Acts Amendment Act 2007, No. 17/2007 Assent Date: 29.5.07 Commencement Date: Ss 3–13 on 30.5.07: s. 2(1) : This information relates only to the provision/s amending the Fair Trading Act 1999 Endnotes Fair Trading and Consumer Acts Further Amendment Act 2008, No. 2/2008 Assent Date: 11.2.08 Commencement Date: Ss 5–9 on 12.2.08: s. 2(1); ss 4, 11 on 1.7.08: Government Gazette 22.5.08 p. 1077; ss 3, 10 on 1.12.08: s. 2(4) : This information relates only to the provision/s amending the Fair Trading Act 1999 Consumer Credit () and Other Acts Amendment 2008, No. 6/2008 Assent Date: 18.3.08 Commencement Date: S. 27 on 19.3.08: s. 2(1) : This information relates only to the provision/s amending the Fair Trading Act 1999 Relationships Act 2008, No. 12/2008 Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 22) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Fair Trading Act 1999 Fundraising Appeals and Consumer Acts Amendment Act 2009, No. 2/2009