Australian Consumer Law and Fair Trading Act 2012 (Vic)

Version No. 037

Australian Consumer Law and Fair Trading Act 2012

No. 21 of 2012

Version incorporating amendments as at

25 November 2025

TABLE OF PROVISIONS

Section  Page

Chapter 1—Preliminary

1Purposes

2Commencement

3Definitions

4Crown bound

5Extra-territorial application of this Act

Chapter 2—The Australian Consumer Law

Part 2.1—Definitions

6Definitions

Part 2.2—Application of Australian Consumer Law

7The Australian Consumer Law text

8Application of Australian Consumer Law

9Future modifications of Australian Consumer Law text

10Meaning of generic terms in Australian Consumer Law for purposes of this jurisdiction

11Interpretation of Australian Consumer Law

12Application of Australian Consumer Law

12ACertain instruments are not legislative instruments under Subordinate Legislation Act 1994

Part 2.3—References to Australian Consumer Law

13References to Australian Consumer Law

14References to Australian Consumer Law of other jurisdictions

Part 2.4—Application of Australian Consumer Law to Crown

15Part does not apply to Commonwealth

16Application law of this jurisdiction

17Application law of other jurisdictions

18Activities that are not business

19Crown not liable to pecuniary penalty or prosecution

Part 2.5—Miscellaneous

20Conferral of functions and powers on certain bodies

21No doubling-up of liabilities

Chapter 3—Contracts

Part 3.1—Implied conditions and warranties in certain contracts of supply

Division 1—Supply of goods or services

22Limitation of liability in relation to supply of recreational services

23Exemption from waiver form requirement

24Rescission for innocent misrepresentation

25Discharge or rescission of contract of supply of goods

26When does a discharge or rescission have effect?

27Liability of supplier and person conducting antecedent negotiations

28Indemnity for supplier or dealer

29Certain contracts or provisions void

30Penalty for including void provision relating to antecedent negotiations

Division 2—General

31Application of Goods Act 1958 to contracts of supply

32Limit of liability of guarantors

33Limit of liability under security

34Contract of supply not illegal etc.

Part 3.2—Frustrated contracts

Division 1—Introductory

35Contracts to which this Part applies

Division 2—Consequences of frustrated contract

36Adjustment of amounts paid or payable to parties to discharged contracts

37Court may allow amounts paid or payable to be recovered or paid

38Parties to pay an amount for valuable benefits obtained

39Calculation of expenses incurred

40Circumstances in which amounts payable under contract of insurance excluded

Division 3—General

41Circumstances in which contract provisions continue to have effect despite frustration

42Performed part of contract not frustrated

43Nature of action

44Limitation period

Chapter 4—General business provisions

Part 4.1—Debt collection

45Prohibited debt collection practices

46Additional remedy for contraventions of section 45

47Certain persons prohibited from engaging in debt collection

48Applications by prohibited persons for permission to engage in debt collection

49Permission from the Authority

50Authority may impose conditions

51Application for review

52Offence to charge debtor for cost of debt collection

53Offence to purchase debt for the purpose of collection

Part 4.2—Disposal of uncollected goods

Division 1—Preliminary

54Uncollected goods

55Relevant charge

56Application

57Common law

Division 2—Disposal of uncollected goods

58Receiver may dispose of uncollected goods

59Payment of relevant charge

60Low value uncollected goods

61Medium value uncollected goods

62High value uncollected goods

63Additional requirement for disposal of motor vehicles

64Details of registered operator

65Perishable goods

66Form of notices under this Division

67Giving notice

Division 3—Applications to court, court order and related provisions

68Application to court for disposal order

69Other applications to court

70Court orders

71Payment of relevant charge

72Effect of other proceeding

Division 4—Miscellaneous

73Proceeds of sale

74Records held by receiver

75Good title

76Receiver to provide purchaser of motor vehicle with receipt

77Application of other provisions

Part 4.3—Fair reporting

78Correction of errors

79Consumer may apply to Magistrates' Court where agent fails to correct information etc.

80Powers of Court on application

Chapter 5—Specific business provisions

Part 5.1—Introduction agents

Division 1—Interpretation

81Meaning of introduction agent

82Meaning of introduction service

83Who carries on a business?

Division 2—Persons who are not introduction agents

85Effect of this Division

86Exemption for activities with a community purpose

87Exemption for non-profit activities

88Exemption for publishers of advertisements etc.

89Exemption for information service providers

90Exemption for organisers of dances etc.

91Other exemptions

Division 3—Persons who must not act as introduction agents

92Certain persons not to act as introduction agents

Division 4—Permission for disqualified persons to act as introduction agents

93Disqualified person may apply for permission to act as an introduction agent

94Permission to act as an introduction agent

95Authority may impose conditions on permission

96Application for review

Division 5—Introduction agreements

97What must an introduction agreement contain?

98Restriction on prepayments

99Person may withdraw from agreement within 3 days without penalty

Part 5.2—Liability of accommodation providers

100Application of common law

101Liability of accommodation providers under this Part

102Limitation on accommodation providers' liability for property of guest

103Accommodation provider to provide safekeeping service

104Notice about this Part

105Innkeeper's lien

106Chapter 8 not to apply

Chapter 6—Consumer Affairs Victoria

Part 6.1—Administration

107Director of Consumer Affairs Victoria

108Staff

109Functions of the Director

110Powers of the Director

111Powers of delegation

112Director's report

Part 6.2—Powers of Director

Division 1—Disputes

113Making a complaint

114Conciliation and mediation

115Powers of the Director in relation to proceedings on behalf of consumers

116Proceedings and costs

117Grants of legal assistance

118Costs and expenses relating to proceedings to which assisted person is a party

Division 2—Show cause notices

119Show cause notice

Division 3—Licence suspension

120Director may suspend licence

121Effect of suspension

122Lapsing or continuation of suspension

123Extension of period

124Right of review

Division 4—Obtaining information, documents and evidence

125Power to obtain information and documents to monitor compliance

126Power to obtain information, documents and evidence

126APower to obtain information, documents and evidence to investigate or inquire into terms of contract

127Powers in relation to documents

128Copies of seized documents

129Retention and return of seized documents

129AApplication for return of seized document

130Magistrates' Court may extend 3 month period

131Complaints

132Service of documents

133Information sharing

Division 5—Victorian Consumer Law Fund

134Victorian Consumer Law Fund

135Order for payment to non-party consumers

136Special purpose grants

137Administration expenses

Division 6—Fire Services Levy Monitor Act 2012

137ADirector to succeed Fire Services Levy Monitor

Part 6.3—Codes of practice

138Preparation of draft code of practice by the Director

139Consideration of draft code of practice

140Prescribing codes of practice

141Offence to breach code of practice

Part 6.4—Inspection powers

Division 1—Inspectors

142Appointment of inspectors

143Inspector's identification

144Production of identification

Division 2—Requirements to produce information

145Inspector may seek court order

146Inspection of documents under court order

147Notification of execution of court order

148Publisher required to produce information

Division 3—Entry and search of premises with consent

149Entry and search with consent

150Notice before entry and search

151Acknowledgement of consent to entry and search

Division 4—Entry and search of premises without consent

152Entry of premises open to the public

153Emergency entry

154Powers during emergency entry

155Entry without consent or warrant

156Use or seizure of electronic equipment at premises

Division 5—Entry and search of premises with warrant

157Search warrants

158Form and content of search warrants

158AWarrant may authorise the giving of a direction requiring assistance from person with knowledge of a computer or other electronic device

159Announcement before entry

160Details of warrant to be given to occupier

161Seizure of things not mentioned in the warrant

Division 6—Embargo notices

162Embargo notices

163Monitoring compliance with embargo notices

164Search warrants in relation to embargo notices

165Form and content of search warrants in relation to embargo notices

Division 7—Documents

166Copies of seized documents

167Retention and return of seized documents or things

167AApplication for return of seized document

168Magistrates' Court may extend 3 month period

Division 8—Offences

169Refusal or failure to comply with requirement

170Protection against self-incrimination

171Offence to give false or misleading information

172Offence to hinder or obstruct inspector

173Offence to impersonate inspector

Division 9—Miscellaneous

174Court may order destruction of dangerous goods

175Taking samples

176Entry to be reported to the Director

177Requirement to assist inspector during entry

178Register of exercise of powers of entry

179Complaints

180Service of documents

181Confidentiality

Chapter 7—Functions of VCAT

182What is a consumer and trader dispute?

183What is a small claim?

184Settlement of consumer and trader disputes or small claims

185Additional powers of VCAT

186Who can ask VCAT to resolve a consumer and trader dispute?

187Exclusion of other jurisdiction

188More appropriate forum

189Small claim commenced in court

190Small Claims Suspense Account

191VCAT may hear dispute regardless of related criminal proceedings

192VCAT may order the provision of information

Chapter 8—Enforcement and remedies

Part 8.1—General enforcement provisions

193Prosecutions of offences

194Who can bring proceedings for offences?

195Contraventions by bodies corporate

196Conduct by officers, employees or agents

Part 8.2—Remedies and legal proceedings

197Interpretation

198Undertakings

199Copy of undertaking

200Register of undertakings

201Injunctions

202Consent injunctions

203Interim injunctions

204Variation and discharge of injunctions

208Undertakings as to damages and costs

209Powers of court if requirement of Director or inspector not complied with

210Non-punitive orders—Corrective advertising orders

210ANon-punitive orders—Other orders

211Punitive orders—Adverse publicity orders

212Orders to prohibit payment of money or transfer of other property

213Defences

214Evidence

215Findings and admissions of fact made in a proceeding to be evidence

216Orders against persons found to have contravened this Act

216ADeclarations

217Actions for damages

218Awards of compensation

Part 8.3—Infringement notices

219Power to serve a notice

Part 8.4—Safety and information requirements

220Interim bans, recall notices and safety warning notices

221Notice of ban or notice

222Review of ban order or compulsory recall notice

Part 8.5—Enforcement of Australian Consumer Law (Victoria)

223References to courts and VCAT

224Jurisdiction of courts and VCAT

225Jurisdictional limit of Magistrates' Court not to apply to pecuniary penalties under Australian Consumer Law (Victoria)

226Orders against persons found to have contravened Australian Consumer Law (Victoria)

Chapter 9—Miscellaneous

227Application of Australian Consumer Law (Victoria) in respect of bills and receipts under Legal Profession Uniform Law (Victoria)

228Public warning statements

229Complaints etc. are privileged

230Disapplication of certain provisions to Australian Consumer Law (Victoria)

231Supreme Court—Limitation of jurisdiction

232Regulations

Chapter 10—Repeals, savings, transitionals and consequential amendments

233Repeal of Fair Trading Act 1999

234Repeal of Disposal of Uncollected Goods Act 1961

236Repeal of Landlord and Tenant Act 1958

237Savings and transitional provisions

238Closure of the Consumer Credit Fund

Schedules

Schedule 1—Consumer Acts

Schedule 2

Schedule 3

Schedule 4—Savings and transitional provisions

Schedule 5—Closure of the Consumer Credit Fund

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 037

Australian Consumer Law and Fair Trading Act 2012

No. 21 of 2012

Version incorporating amendments as at

25 November 2025

The Parliament of Victoria enacts:

CHAPTER 1—PRELIMINARY

1Purposes

The main purposes of this Act are—

(a)to promote and encourage fair trading practices and a competitive and fair market;

(b)to protect consumers;

(c)to regulate trade practices;

(d)to provide for codes of practice;

(e)to provide for the powers and functions of the Director of Consumer Affairs Victoria including powers to conciliate disputes under this Act and powers to carry out investigations into alleged breaches of this Act;

(f)to promote uniformity with the consumer laws of other jurisdictions through the interpretation and application of the Australian Consumer Law in Victoria consistently with those laws;

(g)to regulate certain businesses;

(h)to repeal and re-enact with amendments the Fair Trading Act 1999;

(i)to repeal the Disposal of Uncollected Goods Act 1961, the Carriers and Innkeepers Act 1958 and the Landlord and Tenant Act 1958;

(j)to amend the Credit (Administration) Act 1984 to close the Consumer Credit Fund and transfer any funds to the Victorian Consumer Law Fund.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 December 2012, it comes into operation on that day.

3Definitions

(1)In this Act—

accommodation means a room or other area at an accommodation place that contains sleeping facilities;

accommodation place means any place that provides accommodation for use by members of the travelling public as part of a commercial transaction, but does not include accommodation in or on something that is being used, or is ordinarily used, as means of transportation;

Example

Accommodation places include backpacker hostels, bed and breakfast providers, hotels, motels, resorts, serviced apartments and similar facilities.

accommodation provider means a person who operates a business that includes providing accommodation;

Authority means the Business Licensing Authority established under the Business Licensing Authority Act 1998;

bailment includes bailment for reward, bailment in the course of business, gratuitous bailment, involuntary bailment and any sub‑bailment;

business day, in relation to an introduction agent, means a day on which the introduction agent is open for business;

business licensing Act has the same meaning as in the Business Licensing Authority Act 1998;

commercial transaction includes an arrangement under which accommodation is provided without charge if the arrangement is commercial in nature;

Consumer Act means—

(a)an Act listed in Schedule 1; or

(b)Part 4 of the Veterans Act 2005;

consumer debt means any debt that is incurred by a natural person wholly or predominately in connection with personal, domestic or household purposes;

contract of supply includes an agreement to supply;

court—

(a)in Part 3.1, in relation to any legal proceeding, includes VCAT and a person acting judicially;

(b)in Part 3.2, in relation to any matter, means the court or arbitrator by or before whom the matter falls to be determined;

(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;

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;

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)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;

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;

innkeeper's lien means the common law right allowing an innkeeper—

(a)to take possession of the property of the innkeeper's guests that is brought to the innkeeper's inn; and

(b)to keep the property until the innkeeper receives payment for accommodation, beverages, food and other services provided to the guest;

innocent misrepresentation, in Part 3.1, in relation to a contract of supply of goods or services means misrepresentation that is not fraudulent;

inspector means a person appointed as an inspector under section 142;

introduction agent has the meaning given by section 81;

introduction agreement means an agreement to provide an introduction service;

introduction service has the meaning given by section 82;

licence, in Division 3 of Part 6.2, means—

(a)a licence issued or granted under—

(i)the Conveyancers Act 2006; or

(ii)the Estate Agents Act 1980; or

(iii)the Motor Car Traders Act 1986; or

*                *                *                *                *

*                *                *                *                *

(b)a person who is a registered agent's representative within the meaning of section 4(1) 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

*                *                *                *                *

(e)a registration or endorsement of registration under the Second-HandDealers and Pawnbrokers Act 1989; or

(f)a registration as a professional engineer under the Professional Engineers Registration Act 2019;

licence suspension period, in relation to a licence in Division 3 of Part 6.2, means the period—

(a)commencing on the date of service of the notice in relation to the licence under section 120; and

(b)ending on—

(i)the lapsing of the suspension of the licence under section 122; or

(ii)the date of an order referred to in section 122(2) relating to the suspension of the licence;

licensee, in relation to a licence in Division 3 of Part 6.2, means the person who is the holder of the licence;

loss, in Part 5.2, includes damage or destruction;

low value, for goods, means the goods are of a value less than—

(a)in the case of a motor vehicle, $1000 or, if another value is prescribed by the regulations, that other value; or

(b)in any other case, $200 or, if another value is prescribed by the regulations, that other value;

medium value, for goods other than motor vehicles, means the goods are—

(a)of a value equal to or more than $200 or, if another value is prescribed by the regulations, that other value; and

(b)less than $5000 or, if another value is prescribed by the regulations, that other value;

*                *                *                *                *

motor vehicle, in Part 4.2, has the same meaning as it has in the Road Safety Act 1986;

National Credit Code has the same meaning as in the National Consumer Credit Protection Act 2009 of the Commonwealth;

non-party order means an order referred to in section 135(1);

occupier, in relation to a premises, means a person who appears to be of or over 16 years of age and who appears to be in control of the premises;

officer—

(a)in relation to a body corporate which is a corporation within the meaning of the Corporations Act, has the same meaning as officer of a corporation has in section 9 of that Act; and

(b)in relation to a body corporate which is not a corporation within the meaning of that Act, means any person (by whatever name called) who is concerned in or takes part in the management of the body corporate or an employee of the body corporate;

owner, in Part 4.2, in relation to a motor vehicle, means the registered operator within the meaning of the Road Safety Act 1986;

period of accommodation means the period of time during which a guest is entitled to use accommodation in an accommodation place;

police officer has the same meaning as in the Victoria Police Act 2013;

post box means post office box, document exchange, mail collection agency or mail forwarding agency;

private residence includes any part of the allotment on which the private residence is situated;

prohibited person means a person who is prohibited from engaging in debt collection under section 47(1) and who does not hold a current permission given by the Authority under section 49;

property of a guest means the property brought to the accommodation place or its precincts by or for the guest, but does not include—

(a)a motor vehicle brought to the accommodation or its precincts by or for the guest, or other things owned by the guest left in or on the motor vehicle; 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;

safekeeping service means a service provided at an accommodation place where property of guests is deposited with the accommodation provider for safekeeping, but does not include a safe facility located in a unit of accommodation;

Secretary means the Secretary to the Department of Justice;

time of discharge, in Part 3.2, in relation to any contract, means the time at which—

(a)performance of the contract becomes impossible; or

(b)the contract is otherwise frustrated; or

(c)the contract is avoided by the operation of section 12 of the Goods Act 1958;

uncollected goods has the meaning given by section 54;

workplace includes any land used in conjunction with a workplace for the purposes of the workplace.

(2)Without limiting subsection (1), unless the contrary intention appears the words and expressions used in this Act have the same meanings as they have in the Australian Consumer Law (Victoria).

4Crown bound

Subject to section 19, this Act binds the Crown not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

5Extra-territorial application of this Act

(1)This Act applies within and outside Victoria.

(2)This Act applies outside Victoria to the full extent of the extra-territorial legislative power of the Parliament.

(3)Without limiting subsection (1) or (2), this Act applies to—

(a)the engaging in conduct in Victoria by persons outside Victoria;

(b)the engaging in conduct outside Victoria by persons in Victoria;

(c)a supply of goods or services in Victoria where the contract for the supply of goods or services is made in Victoria;

(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;

(ii)a body corporate whose principal place of business is in Victoria.

CHAPTER 2—THE AUSTRALIAN CONSUMER LAW

PART 2.1—DEFINITIONS

6Definitions

(1)In this Chapter, unless the contrary intention appears—

application law means—

(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;

(f)an agreement;

(g)an application made, information or complaint laid, affidavit sworn or affirmed, or warrant issued, for any purpose;

(h)an indictment, presentment, summons or writ;

(i)any other pleading in, or process issued in connection with, a legal or other proceeding;

Intergovernmental Agreement means the Intergovernmental Agreement for the Australian Consumer Law between the Commonwealth, the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania, the Australian Capital Territory and the Northern Territory of Australia, as in force from time to time;

jurisdiction means a State or the Commonwealth;

law, in relation to a Territory, means a law of, or in force in, that Territory;

modifications includes additions, omissions and substitutions;

month means a period commencing at the beginning of a day of one of the 12 months of the year and ending immediately before the beginning of the corresponding day of the next month or, if there is no such corresponding day, ending at the expiration of the next month;

participating jurisdiction means a jurisdiction that is a party to the Intergovernmental Agreement and applies the Australian Consumer Law as a law of the jurisdiction, either with or without modifications;

State includes a Territory;

Territory means the Australian Capital Territory or the Northern Territory of Australia;

this jurisdiction means Victoria.

(2)Terms used in this Chapter and also in the Australian Consumer Law (Victoria) have the same meanings in this Chapter as they have in that Law.

(3)For the purposes of this Chapter—

(a)a jurisdiction is taken to have applied the Australian Consumer Law as a law of the jurisdiction if a law of the jurisdiction substantially corresponds to the provisions of the Australian Consumer Law text, as in force from time to time; and

(b)that corresponding law is taken to be the Australian Consumer Law, or the Australian Consumer Law text, applying as a law of that jurisdiction.

PART 2.2—APPLICATION OF AUSTRALIAN CONSUMER LAW

7The Australian Consumer Law text

The Australian Consumer Law text consists of—

(a)Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth; and

(b)the regulations under section 139G of that Act.

8Application of Australian Consumer Law

(1)The Australian Consumer Law text, as in force from time to time—

(a)applies as a law of this jurisdiction; and

(b)as so applying may be referred to as the Australian Consumer Law (Victoria); and

(c)as so applying is a part of this Act.

(2)This section has effect subject to sections 9, 10 and 11.

9Future modifications of Australian Consumer Law text

(1)A modification made by a Commonwealth law to the Australian Consumer Law text after the commencement of this section does not apply under section 8, if the modification is declared by Order of the Governor in Council published in the Government Gazette to be excluded from the operation of that section.

(2)An Order under subsection (1) has effect only if published before the end of 2 months after the date of the modification.

(3)Subsection (1) ceases to apply to the modification if a further Order so provides.

(4)For the purposes of this section, the date of the modification is the date on which the Commonwealth Act effecting the modification receives the Royal Assent or the regulation effecting the modification is registered under the Legislative Instruments Act 2003 of the Commonwealth.

10Meaning of generic terms in Australian Consumer Law for purposes of this jurisdiction

(1)In the Australian Consumer Law (Victoria), regulator means the Director.

(2)For the purposes of the application of the Australian Consumer Law (Victoria), court has the meaning given in section 223 of this Act.

11Interpretation of Australian Consumer Law

(1)The Acts Interpretation Act 1901 of the Commonwealth applies as a law of this jurisdiction to the Australian Consumer Law (Victoria).

(2)For the purposes of subsection (1), the Commonwealth Act mentioned in that subsection applies as if—

(a)the statutory provisions in the Australian Consumer Law (Victoria) were a Commonwealth Act; and

(b)the regulations in the Australian Consumer Law (Victoria) or instruments under that Law were regulations or instruments under a Commonwealth Act.

(3)The Interpretation of Legislation Act 1984 does not apply to—

(a)the Australian Consumer Law (Victoria); or

(b)any instrument under that Law.

12Application of Australian Consumer Law

(1)The Australian Consumer Law (Victoria) applies to and in relation to—

(a)persons carrying on business within this jurisdiction; or

(b)bodies corporate incorporated or registered under the law of this jurisdiction; or

(c)persons ordinarily resident in this jurisdiction; or

(d)persons otherwise connected with this jurisdiction.

(2)Subject to subsection (1), the Australian Consumer Law (Victoria) extends to conduct, and other acts, matters or things, occurring or existing outside or partly outside this jurisdiction (whether within or outside Australia).

12ACertain instruments are not legislative instruments under Subordinate Legislation Act 1994

The following instruments made under the Australian Consumer Law (Victoria) are not legislative instruments for the purposes of the Subordinate Legislation Act 1994—

(a)a safety standard published under section 104(1);

(b)a safety standard declared under section 105(1);

(c)an interim ban on consumer goods published under section 109(1);

(d)an interim ban on product related services published under section 109(2);

(e)a notice of extension of an interim ban period under section 111(2);

(f)a notice of extension of an interim ban period under section 111(4);

(g)a notice of further extension of an interim ban period under section 111(6);

(h)a notice of revocation of an interim ban published under section 113;

(i)a permanent ban on consumer goods published under section 114(1);

(j)a permanent ban on product related services published under section 114(2);

(k)a notice of revocation of a permanent ban published under section 117;

(l)a recall notice published under section 122(1);

(m)an information standard published under section 134(1);

(n)an information standard declared under section 135(1).

PART 2.3—REFERENCES TO AUSTRALIAN CONSUMER LAW

13References to Australian Consumer Law

(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.

14References 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.

PART 2.4—APPLICATION OF AUSTRALIAN CONSUMER LAW TO CROWN

15Part does not apply to Commonwealth

In this Part, participating jurisdiction or other jurisdiction does not include the Commonwealth.

16Application 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.

17Application law of other jurisdictions

(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 Chapter, 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.

18Activities that are not business

(1)For the purposes of sections 16 and 17, 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);

(c)a transaction involving—

(i)only persons who are all acting for the Crown in the same right (and none of whom is an authority of a State); or

(ii)only persons who are all acting for the same authority of a State; or

(iii)only the Crown in right of a State and one or more non-commercial authorities of that State; or

(iv)only non-commercial authorities of the same State;

(d)the acquisition of primary products by a government body under legislation, unless the acquisition occurs because—

(i)the body chooses to acquire the products; or

(ii)the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.

(2)Subjection (1) does not limit the things that do not amount to carrying on a business for the purposes of sections 16 and 17.

(3)In this section—

acquisition of primary products by a government body under legislation includes vesting of ownership of primary products in a government body by legislation;

authorisation means a licence, permit, certificate or other authorisation that allows the holder of the authorisation to supply goods or services;

government body means a State or an authority of a State;

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.

19Crown not liable to pecuniary penalty or prosecution

(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.

PART 2.5—MISCELLANEOUS

20Conferral 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)In addition to the powers mentioned in subsection (1), the authorities and officers referred to in that subsection have power to do all things necessary or convenient to be done in connection with the performance of the functions and exercise of the powers referred to in that subsection.

(3)The Commonwealth Minister who has the functions and powers conferred or expressed to be conferred on him or her under the Australian Consumer Law (Victoria) is not a public authority for the purposes of section 38 of the Charter of Human Rights and Responsibilities Act 2006.

21No doubling-up of liabilities

(1)If—

(a)an act or omission is an offence against the Australian Consumer Law (Victoria) and is also an offence against an application law of another participating jurisdiction; and

(b)the offender has been punished for the offence under the application law of the other jurisdiction—

the offender is not liable to be punished for the offence against the Australian Consumer Law (Victoria).

(2)If a person has been ordered to pay a pecuniary penalty under the application law of another participating jurisdiction, the person is not liable to pay a pecuniary penalty under the Australian Consumer Law (Victoria) in respect of the same conduct.

CHAPTER 3—CONTRACTS

PART 3.1—IMPLIED CONDITIONS AND WARRANTIES IN CERTAIN CONTRACTS OF SUPPLY

Division 1—Supply of goods or services

22Limitation of liability in relation to supply of recreational services

(1)Subject to subsection (2), a term of a contract of supply of recreational services is not void under section 64 of the Australian Consumer Law (Victoria) by reason only that the term excludes, restricts or modifies, or has the effect of excluding, restricting or modifying—

(a)the application of any or all of the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) to the supply of the recreational services under the contract; or

(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—

(a)the person has done or omitted to do something in relation to the supply of those recreational services that but for

subsection (1) would—

(i)be an act or omission to which all or any of the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) would apply; or

(ii)give rise to the exercise of a right conferred by all or any of the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria); or

(iii)constitute a failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria); and

(b)the act or omission was done or omitted to be done with reckless disregard, with or without consciousness, for the consequences of the act or omission.

(4)In this section—

disease includes any physical or mental ailment, disorder, defect or morbid condition, whether of sudden onset or gradual development and whether of genetic or other origin;

injury means any physical or mental injury;

personal injury means—

(a)an injury of a natural person (including the aggravation, acceleration or recurrence of an injury of the individual); or

(b)the contraction, aggravation, acceleration or recurrence of a disease of a natural person; or

(c)the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to a natural person that is or may be harmful or disadvantageous to, or result in harm or disadvantage to—

(i)the person; or

(ii)the community;

recreational services means services that consist of participation in—

(a)a sporting activity or a similar leisure‑time pursuit; or

(b)any other activity that—

(i)involves a significant degree of physical exertion or physical risk; and

(ii)is undertaken for the purposes of recreation, enjoyment or leisure.

(5)The definition of injury in subsection (4) does not, by implication, affect the meaning of the expression injury when used in a provision of this Act other than this section.

23Exemption from waiver form requirement

(1)The Governor in Council, on the recommendation of the Minister, may, by Order published in the Government Gazette, provide that a specified term of a contract of supply of recreational services, or a class of such term, does not need to comply with the requirements of section 22(2)(c)(i).

(2)The Governor in Council may make an Order under this section subject to any conditions the Governor in Council thinks fit and specifies in the Order.

(3)An Order under this section has effect according to its terms.

(4)The Governor in Council, on the recommendation of the Minister, may, by Order published in the Government Gazette, vary or revoke an Order made under this section.

(5)An Order made under this section ceases to have effect on—

(a)the expiry of the anniversary of the date the Order was published in the Government Gazette; or

(b)if an earlier expiry date is specified in the Order, the earlier date.

(6)On or before the 6th sitting day after an Order under this section is published in the Government Gazette, the Minister must ensure that a copy of the Order is laid before each House of the Parliament.

(7)A failure to comply with subsection (6) does not affect the operation or effect of the Order but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of Parliament.

(8)An Order may be disallowed in whole or in part by either House of Parliament.

(9)Part 5 of the Subordinate Legislation Act 1994 applies to an Order as if—

(a)a reference in that Part to a "statutory rule" were a reference to the Order; and

(b)a reference in section 23(1)(c) of that Part to "section 15(1)" were a reference to subsection (6) of this section.

24Rescission for innocent misrepresentation

(1)If a purchaser enters into a contract of supply of goods after an innocent misrepresentation is made to the purchaser and, if the misrepresentation had been fraudulent, the purchaser would have been entitled to rescind the contract by reason of the misrepresentation, the purchaser may rescind the contract by notice given to the supplier before, or within a reasonable period after—

(a)in the case of a contract of supply by way of lease, delivery of the goods; and

(b)in any other case, acceptance of the goods.

(2)Subsection (1) applies whether or not the misrepresentation has become a term of the contract.

25Discharge or rescission of contract of supply of goods

(1)This section applies if a purchaser—

(a)discharges a contract of supply of goods by reason of repudiation or breach of condition by the supplier; or

(b)in accordance with section 24(1) rescinds a contract of supply of goods after an innocent representation is made.

(2)If the goods have been delivered to the purchaser and have not been returned to the supplier, the purchaser must return the goods to the supplier or permit the supplier to take possession of the goods.

(3)The purchaser is liable to the supplier for loss or damage caused to the goods—

(a)by the purchaser wilfully or by the purchaser's negligence while the goods are in the purchaser's possession during a period of 21 days after discharging or rescinding the contract; and

(b)by the purchaser wilfully while the goods are in the purchaser's possession after the expiration of a period of 21 days after discharging or rescinding the contract.

(4)If the property in the goods passed to the purchaser before the discharge or the rescission, the property re-vests in the supplier.

(5)The supplier is liable to the purchaser for money paid and for the value of any other consideration paid or provided under the contract by the purchaser to the supplier.

(6)If—

(a)the purchaser used the goods before the discharge or rescission; and

(b)the supplier acted honestly and reasonably in supplying the goods—

the court may, if it is satisfied that, in all the circumstances, it is just and convenient to do so, allow the supplier to recover from the purchaser an amount equal to the whole or any part of the fair value to the purchaser of the purchaser's use of the goods.

26When does a discharge or rescission have effect?

(1)If a purchaser purports to discharge or rescind a contract of supply of goods, the purported discharge or rescission has effect only if—

(a)the supplier is aware that the purchaser treats the contract as at an end, whether by reason of the return of the goods to the supplier or by reason of any other information which comes to the knowledge of the supplier; or

(b)if the purchaser is unable, due to the conduct or omission of the supplier, after taking reasonable steps, to inform the supplier or to cause the supplier to become aware that the purchaser treats the contract as at an end—

(i)the purchaser treats the contract as at an end; and

(ii)by the purchaser's conduct, shows unequivocally that the purchaser treats the contract as at an end.

(2)This section does not apply to a rejection under the Australian Consumer Law (Victoria).

27Liability of supplier and person conducting antecedent negotiations

(1)In a contract of supply of goods or services, a representation made to the purchaser in the course of any antecedent negotiations by a dealer or by a person acting on behalf of the supplier (otherwise than as an agent of the supplier acting with the authority of the supplier) confers on the purchaser—

(a)as against the supplier, the same right to rescind the contract and the same right of action in damages as the purchaser would have had if the representation had been made by an agent of the supplier acting with the authority of the supplier; and

(b)as against the person by whom the representation was made, the same right of action in damages as the purchaser would have had if the purchaser had purchased the goods or services from that person; and

(c)if the antecedent negotiations were conducted on behalf of another person, as against that other person the same right of action in damages as the purchaser would have had if the purchaser had purchased the goods or services from that other person.

(2)In a contract of supply of goods or services, a warranty given to the purchaser in the course of any antecedent negotiations by a dealer or

by a person acting on behalf of the supplier (otherwise than as an agent of the supplier acting with the authority of the supplier) confers on the purchaser—

(a)as against the person by whom the warranty was given, the same right of action in damages as the purchaser would have had if—

(i)the warranty had been given in consideration of the purchaser purchasing the goods or services from that person; and

(ii)the purchaser had purchased the goods or services from that person; and

(b)if the antecedent negotiations were conducted on behalf of a dealer, as against the dealer the same right of action in damages as the purchaser would have had if—

(i)the warranty had been given in consideration of the purchaser purchasing the goods or services from the dealer; and

(ii)the purchaser had purchased the goods or services from the dealer.

(3)For the purposes of subsections (1) and (2) it is immaterial whether or not the goods or services supplied to the purchaser were purchased by the supplier from a dealer by whom or on whose behalf any antecedent negotiations were conducted.

(4)Nothing in this section prevents a statement being both a representation and a warranty.

(5)Nothing in this section confers on a purchaser an entitlement to an amount of damages arising from a representation or a warranty exceeding the amount of the loss suffered by the purchaser.

28Indemnity for supplier or dealer

(1)Without prejudice to any other rights or remedies to which a supplier may be entitled, a supplier is entitled to be indemnified—

(a)by a person by whom any antecedent negotiations were conducted who made a representation or gave a warranty; and

(b)by a dealer on whose behalf any antecedent negotiations were conducted by another person who made a representation or gave a warranty—

against any damage suffered by the supplier by reason of the operation of section 27.

(2)Without prejudice to any other rights or remedies to which a dealer may be entitled, a dealer is entitled to be indemnified by a person who conducted any antecedent negotiations on behalf of the dealer and made a representation or gave a warranty against any damage suffered by the dealer by reason of the operation of section 27.

29Certain contracts or provisions void

A contract of supply of goods or services or a provision in or that relates to a contract of supply of goods or services is void if that contract or provision—

(a)purports to have the effect of excluding, restricting or modifying the provisions of section 27 or 28; or

(b)purports to have the effect of precluding a right of action or a defence based on or arising out of a representation or a warranty referred to in section 27(1) or (2).

30Penalty for including void provision relating to antecedent negotiations

A supplier or a person by whom or on whose behalf any antecedent negotiations are conducted must not include or permit to be included in a contract of supply of goods or services a provision that by reason of section 29 is void.

Penalty:60 penalty units, in the case of a natural person;

120 penalty units, in the case of a body corporate.

Division 2—General

31Application of Goods Act 1958 to contracts of supply

(1)Sections 17, 18, 19(a) and (b) and 20 of the Goods Act 1958 do not apply to contracts of supply to which Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) applies.

(2)Section 4(2) of the Goods Act 1958 is taken to apply in relation to this Part and Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) as if—

(a)the reference to Part were a reference to Part 3-2 of the Australian Consumer Law (Victoria); and

(b)the reference to contracts for the sale of goods included a reference to contracts of supply of goods.

(3)A reference in Part I of the Goods Act 1958 to a condition includes a reference to a guarantee within the meaning of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria).

(4)Except as otherwise expressly provided by Division 1 of Part 3-2 of the Australian Consumer Law (Victoria), nothing in that Division affects the application to a contract of supply of goods or services of the Goods Act 1958 or any other Act or law.

32Limit of liability of guarantors

(1)If there is a contract of guarantee in relation to the performance of the obligations of a purchaser under a contract of supply of goods or services, the liability of the guarantor in relation to the performance of those obligations does not include liability in respect of an amount exceeding the sum of—

(a)the amount for which the purchaser is liable by reason of the breach of the contract of supply; and

(b)the reasonable costs of and incidental to enforcing the contract of guarantee.

(2)Subject to subsection (3), a guarantor of the obligations of a purchaser under a contract of supply of goods or services where the purchaser is a minor is liable under the contract of guarantee to the same extent as the guarantor would be liable if the purchaser had not been a minor when the contract of supply was made.

(3)Subsection (2) does not apply with respect to a contract of guarantee unless, when it was made, it included a prominent statement immediately above or below the place where the guarantor signed the contract to the effect that a person who enters into a guarantee in respect of the obligations of a purchaser who is minor may not have a right to recover from the purchaser amounts that the guarantor is liable to pay under the contract of supply.

(4)In this section—

domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

(b)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i)for fee or reward; or

(ii)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

guarantee includes indemnity;

guarantor means a person who enters into a contract of guarantee in respect of the performance of the obligations of a purchaser under a contract of supply of goods or services or of a person who enters into a contract of indemnity in relation to a contract of supply of goods or services but does not include—

(a)a person who is the supplier, or spouse or domestic partner of the supplier of goods or services to which the contract relates; or

(b)if the supplier is a body corporate, a person who is a director or an officer of the body corporate or is a related body corporate within the meaning of the Corporations Act or a director or an officer of a related body corporate or spouse or domestic partner of that director or officer; or

(c)a person who enters into a contract of guarantee or a contract of indemnity in respect of the obligations, under a contract of supply of goods or services, of a person who deals in goods or services of the kind to which the contract of supply relates.

spouse of a person means a person to whom the person is married.

(5)For the purposes of the definition of domestic partner in subsection (4)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)a person is not a domestic partner of another person only because they are co-tenants.

33Limit of liability under security

If a mortgage, charge, pledge or other security is provided by a person to secure the obligations of a purchaser under a contract of supply of goods or services, the amount secured in respect of the liability of that person in respect of those obligations does not exceed liability in respect of the sum of—

(a)the amount for which the purchaser is liable by reason of the breach of the contract of supply of goods or services; and

(b)the reasonable costs of, and incidental to, enforcing the mortgage, charge, pledge, lien or other security.

34Contract of supply not illegal etc.

(1)A contract of supply of goods or services is not illegal, void or unenforceable by reason only that the supplier is guilty of an offence under this Part.

(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.

PART 3.2—FRUSTRATED CONTRACTS

Division 1—Introductory

35Contracts to which this Part applies

(1)This Part applies to a contract if the parties to the contract are discharged from the further performance of the contract because—

(a)performance of the contract becomes impossible; or

(b)the contract is otherwise frustrated; or

(c)the contract is avoided by the operation of section 12 of the Goods Act 1958.

(2)This Part applies to contracts made before or after 1 July 2008 if the time of discharge of the contract is after 29 September 1959.

(3)This Part does not apply to—

(a)any charter-party, except a time charter-party or a charter-party by way of demise; or

(b)any contract (other than a charter-party) for the carriage of goods by sea; or

(c)any contract of insurance except as provided for in section 40.

Division 2—Consequences of frustrated contract

36Adjustment of amounts paid or payable to parties to discharged contracts

(1)All amounts paid to any party under a discharged contract before the time of discharge are recoverable.

(2)All amounts payable to any party under a discharged contract before the time of discharge cease to be payable.

37Court may allow amounts paid or payable to be recovered or paid

Despite section 36, the court may, if it considers it just to do so having regard to all the circumstances of the case, allow a party to a discharged contract—

(a)to whom amounts were paid or are payable under that contract before the time of discharge; and

(b)who has incurred expenses before the time of discharge in or for the purpose of the performance of that contract—

to retain or recover (as the case may be) the whole or any part of the amounts paid or payable to that party under the contract in an amount not exceeding the expenses incurred.

38Parties to pay an amount for valuable benefits obtained

(1)This section applies if a party to a discharged contract obtained a valuable benefit (other than a payment of money to which section 36 or 37 applies) before the time of discharge because of anything done by another party in or for the purpose of the performance of the contract.

(2)Despite section 36, the benefited party is liable to pay to that other party any amount (not exceeding the value of the benefit obtained) that the court considers just having regard to all the circumstances of the case.

(3)For the purpose of subsection (2), the court may have regard to—

(a)the amount of any expenses the benefited party incurred before the time of discharge in or for the purpose of the performance of the contract, including any amount paid or payable by the benefited party to any other party under the contract and retained or recoverable by that party under section 36 or 37; or

(b)the effect, in relation to the benefit obtained, of the circumstances giving rise to the frustration or avoidance of the contract.

(4)For the purpose of this section, if a party to the contract has assumed obligations under the contract in consideration of the conferral of a benefit by another party to the contract on any other person (whether or not that person is a party to the contract), the court may, if in all the circumstances of the case it considers it just to do so, treat any benefit conferred on that other person as a benefit obtained by the party who has assumed those obligations.

39Calculation of expenses incurred

In estimating, for the purposes of this Division, the amount of any expenses incurred by any party to a discharged contract, the court may include an amount that appears reasonable for—

(a)overhead expenses; and

(b)work or services performed personally by the party.

40Circumstances in which amounts payable under contract of insurance excluded

In considering whether any amount is to be retained or recovered by any party to a discharged contract, the court must not take into account any amounts payable to a party under a contract of insurance because of the circumstances giving rise to the frustration or avoidance of the contract unless an obligation to insure is imposed—

(a)by an express provision in the frustrated or avoided contract; or

(b)by or under any enactment.

Division 3—General

41Circumstances in which contract provisions continue to have effect despite frustration

If any contract to which this Part applies contains a provision that on the true construction of the contract—

(a)is intended to continue to have effect in circumstances that operate or would, but for that provision, operate to frustrate or avoid the contract; or

(b)is intended to have effect whether or not circumstances that operate or would, but for 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.

42Performed 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.

43Nature of action

All actions and proceedings to recover amounts under this Part are taken to be founded on simple contract.

44Limitation 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.

CHAPTER 4—GENERAL BUSINESS PROVISIONS

PART 4.1—DEBT COLLECTION

45Prohibited debt collection practices

(1)A person must not in trade or commerce engage in a prohibited debt collection practice while—

(a)collecting or attempting to collect a debt; or

(b)repossessing or attempting to repossess goods.

Penalty:240 penalty units, in the case of a natural person;

1200 penalty units, in the case of a body corporate.

(2)In subsection (1), prohibited debt collection practice means—

(a)using physical force or undue harassment or coercion;

(b)entering or threatening to enter a private residence without lawful authority;

(c)using any threat, deception or misrepresentation to obtain consent to enter a private residence;

(d)refusing to leave a private residence or workplace when requested to do so;

(e)doing or threatening to do any act that may intimidate a person or a member of that person's family;

Example

Carrying a firearm within the meaning of the Firearms Act 1996 or a dangerous article within the meaning of the Control of Weapons Act 1990.

(f)doing or threatening to do any act that may expose to ridicule a person or a member of that person's family;

Example

Parking a vehicle outside a debtor's private residence that displays information that a person is engaged in debt collection.

(g)using a document that is not an official document but that resembles or purports to be an official document;

Examples

Any document that gives the appearance of having been authorised, issued or approved by a court, government or government agency when it has not been.

Serving a summons that has not been issued.

(h)impersonating an employee or agent of the State, another state, a Territory or the Commonwealth;

(i)attempting to take possession of or threatening to take possession of any property to which the person, or the person's principal, is not entitled to possession;

Example

Making a representation that immediate possession will be taken of a debtor's home or other property when a debt is not secured by that property or the creditor has not obtained judgment for the debt.

(j)disclosing or threatening to disclose debt information, without the consent of the debtor, to any other person who does not have a clear and legitimate interest in the information;

Example

Disclosing debt information when contacting a person who is not the debtor while attempting to locate or identify the debtor.

(k)making a false or misleading representation in connection with—

(i)the nature of a debt; or

(ii)the extent of a debt; or

(iii)the consequences of not paying a debt; or

(iv)the method of recovering a debt;

Examples

1 Falsely representing that a debt is a fine or other pecuniary penalty, or that a person has committed an offence.

2     Using a letterhead which is liable to mislead the person to whom the letter is sent as to the identity, status or role of the person who used the letterhead.

3 Falsely representing to a person who is not a debtor that, in relation to a debt, the person must prove or make a statutory declaration that he or she does not owe the debt.

4     Threatening to give a credit reporting agency information that could affect a person's creditworthiness that could not be given or that would, if given, be false or misleading.

(l)contacting a person by a method that the person has asked not to be used, unless there is no other method available;

(m)contacting a person about a debt after the person advises in writing that no further communication should be made about that debt, unless the contact is by way of—

(i)an action issued through a court or VCAT; or

(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

(iii)a communication with the person for the purposes of complying with 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.

(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 or the Fines Reform Act 2014 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.

(5)This section does not apply to any of the following acting in an official capacity—

(a)the sheriff or a sheriff's officer;

(b)a police officer;

(c)a bailiff;

(d)any other employee or agent of the State, another state, a Territory or the Commonwealth.

46Additional remedy for contraventions of section 45

(1)A natural person who has experienced humiliation or distress due to a course of conduct of another person in contravention of section 45 with respect to a consumer debt may apply to a court or VCAT for an order that the person engaging in that conduct, or a person involved in that conduct, pay damages of up to $10 000 (or another prescribed amount).

(2)In subsection (1)—

course of conduct means conduct that occurs on at least 2 occasions;

person involved has the meaning given by section 197.

(3)Subsection (1)—

(a)applies in addition to any other available remedy;

(b)is not intended to affect any other available remedy.

(4)Clauses 28BB and 28GG of Schedule 1 to the Victorian Civil and Administrative Tribunal 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.

47Certain 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 2019; or

(iii)is an insolvent under administration; or

(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

*                *                *                *                *

(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

(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);

(viii)has, in the preceding 5 years, been found guilty or convicted of an offence against section 45;

(b)in the case of a body corporate—

(i)is an externally administered body corporate; or

(ii)is a body corporate—

(A)one or more of the directors of which is a person referred to in paragraph (a); or

(B)managed or effectively controlled by a natural person who is a person referred to in paragraph (a); or

(iii)has, in the preceding 5 years, been found guilty or convicted of an offence against section 45; or

(iv)has, in the preceding 5 years, been found to have contravened section 53A(2) or 60 of the Trade Practices Act 1974 of the Commonwealth or section 50 of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth while engaging in debt collection; or

(v)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

*                *                *                *                *

(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.

(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 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).

The Disposal of Uncollected Goods Act 1961 is repealed.

*                *                *                *                *

236Repeal of Landlord and Tenant Act 1958

The Landlord and Tenant Act 1958 is repealed.

237Savings and transitional provisions

Schedule 4 has effect.

238Closure of the Consumer Credit Fund

Schedule 5 has effect.

*                *                *                *                *

SCHEDULES

SCHEDULE 1—CONSUMER ACTS

Associations Incorporation Reform Act 2012

Australian Consumer Law and Fair Trading Act 2012

Consumer Credit (Victoria) Act 1995

Conveyancers Act 2006

Co‑operatives National Law (Victoria)

Credit Act 1984

Credit (Administration) Act 1984

Domestic Building Contracts Act 1995

Professional Engineers Registration Act 2019

Estate Agents Act 1980

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

Rooming House Operators Act 2016

Sale of Land Act 1962

Second-Hand Dealers and Pawnbrokers Act 1989

*                *                *                *                *

SCHEDULE 2

Section 97

YOU HAVE A RIGHT TO WITHDRAW FROM THIS AGREEMENT WITHIN 3 DAYS

You may withdraw from this agreement at any time within 3 business days of signing it.

To withdraw from this agreement you must write a letter to the introduction agent, sign it and either—

give it to the agent personally or leave it at [insert address]; or

have it delivered to [insert address or a postal address]; or

fax it to [insert fax number]; or

send it to [insert email or Internet or similar address].

Your letter must reach the agent before         a.m./p.m. on [date].

If you withdraw from this agreement the agent is entitled to [$250 or whatever other amount is fixed by the regulations] or 10% of the total amount that was payable under this agreement (whichever is the smaller amount).

If the agent holds more of your money than this amount, then the agent must refund the rest of your money within 7 days of receiving your letter.

SCHEDULE 3

Sections 102 and 104

LOSS OF OR DAMAGE TO GUESTS' PROPERTY

Part 5.2 of the Australian Consumer Law and Fair Trading Act 2012 may make an accommodation provider liable to make good the loss of a guest's property in certain circumstances even though the loss is not caused by the fault of the accommodation provider, or the provider's agent.

The liability of the accommodation provider under the Act—

applies only to a guest of the accommodation provider;

applies only for the period for which the guest is provided accommodation;

is limited to $300 for each room provided for the use of the guest on the day, unless the guest's property was placed in a safekeeping service;

is limited to $3000 for each room in respect of a guest's property that was placed in a safekeeping service (excluding a safe in a room);

does not cover motor vehicles and property owned by the guest left in or on a motor vehicle.

Part 5.2 does not limit any other right or remedy available under the Australian Consumer Law and Fair Trading Act 2012.

SCHEDULE 4—SAVINGS AND TRANSITIONAL PROVISIONS

Section 237

1Definitions

In this Schedule—

new Act means the Australian Consumer Law and Fair Trading Act 2012;

old Act means the Fair Trading Act 1999 as in force immediately before the day on which section 233 of the new Act comes into operation.

2General transitional provisions

(1)This Schedule does not affect or take away from the Interpretation of Legislation Act 1984.

(2)Without limiting subclause (1), in declaring that certain provisions of the new Act are to be treated as re-enacting with modifications certain provisions of the old Act, this Schedule must not be taken—

(a)to be an exhaustive list of the provisions of the old Act re-enacted by the new Act; or

(b)to limit the operation of any provision of the Interpretation of Legislation Act 1984 relating to the re-enactment.

(3)This Schedule applies despite anything to the contrary in any other provision of the new Act.

Note

See in particular sections 14 and 16 of the Interpretation of Legislation Act 1984.

3Superseded references

(1)On and from the commencement day, a reference to the old Act in any Act (other than this Act), or in any instrument made under any Act or in any other document of any kind, must be read as a reference to the new Act unless the context otherwise requires.

(2)In this clause, commencement day means the day on which section 233 of the new Act comes into operation.

4Re-enacted provisions

A provision or provisions of the old Act specified in Column 1 of the Table is to be taken to be re‑enacted (with modifications) by the provision or provisions of the new Act appearing opposite in Column 2 of the Table.

Old Act provision

New Act provision

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Section 11

Section 12

Section 13

Section 14

Section 15

Section 16

Section 17

Section 18

Section 4

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

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 32ZI

Section 32ZJ

Section 32ZK

Section 32ZL

Section 32ZM

Section 32ZN

Section 32ZO

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 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 93AJ

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 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 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 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 52

Section 53

Section 45

Section 46

Section 138

Section 139

Section 140

Section 141

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 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 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 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 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 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 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 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 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 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 160C

Section 160D

Section 160E

Section 160F

Section 160G

Section 160H

Section 161A

Section 162A

Section 163A

Section 163B

Section 164

Section 165

Schedule 1A

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

Section 232

Schedule 2

5Savings—Fair Trading (Information Standard) (Australian Builders Plate Standard) Regulations 2009

Despite the repeal of sections 47 and 165(1)(a) of the Fair Trading Act 1999 by the Fair Trading Amendment (Australian Consumer Law) Act 2010, the Fair Trading (Information Standard) (Australian Builders Plate Standard) Regulations 2009—

(a)subject to paragraph (b), continue in operation and may be amended or revoked as if those sections remained in force; and

(b)are revoked on the coming into operation of section 102 of the Marine Safety Act 2010.

6Transitional provisions for repeal of Disposal of Uncollected Goods Act 1961

(1)In this clause—

commencement day means the day on which section 234 of the new Act comes into operation;

former Act means the Disposal of Uncollected Goods Act 1961 as in force immediately before the commencement day.

(2)This clause applies despite section 56(1) and the repeal of the former Act.

(3)If, under section 3 of the former Act, a person has given notice of an intention to sell goods, the former Act continues to apply to those goods.

(4)If section 3A or 3B of the former Act applies to uncollected goods, the receiver may elect to dispose of those goods in accordance with Part 4.2 of this Act.

(5)Despite the repeal of the former Act, a person who has disposed of uncollected goods under that Act is still required to keep the records required by section 5 of that Act until the expiry of the period specified in that section in relation to those goods.

(6)Despite the repeal of the former Act, if an action to reopen a transaction under section 13 of that Act began before the commencement day that section will continue to apply to that action.

7Transitional provision for Part 4.2

(1)For the purposes of section 63, a certificate issued under section 24 of the Chattel Securities Act 1987 is taken to be a written search result under section 170(2)(b) of the Personal Property Securities Act 2009 of the Commonwealth.

(2)Subclause (1) expires on the commencement of section 5 of the Personal Property Securities (Statute Law Revision and Implementation) Act 2010.[1]

*                *                *                *                *

9Transitional provision for repeal of Part IVA of Landlord and Tenant Act 1958

(1)Part IVA of the Landlord and Tenant
Act 1958 continues to apply at the end or other determination of a lease of premises to which that Part applied immediately before the commencement day.

(2)In this clause, commencement day means the day on which section 236 of the new Act comes into operation.

SCHEDULE 5—CLOSURE OF THE CONSUMER CREDIT FUND

Section 238

1Definition

In this Schedule—

Consumer Credit Fund means the fund established under section 86AA of the Credit (Administration) Act 1984;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

Victorian Consumer Law Fund means the fund referred to in section 134(1).

*                *                *                *                *

3Transitional provisions

On the commencement of clause 2—

(a)the Consumer Credit Fund is closed and the members of its Advisory Committee established under section 86AC of the Credit (Administration) Act 1984 go out of office as members;

(b)all money standing to the credit of the Consumer Credit Fund immediately before that commencement forms part of the Victorian Consumer Law Fund;

(c)all rights and liabilities of the Consumer Credit Fund immediately before that commencement become rights and liabilities of the Victorian Consumer Law Fund;

(d)a reference to the Consumer Credit Fund in any Act, subordinate instrument, agreement or other document to the extent that it relates to any matter on or after that commencement is taken to be a reference to the Victorian Consumer Law Fund, unless the contrary intention appears.

4Payments into Victorian Consumer Law Fund

(1)Money that a credit provider has agreed or undertaken to pay to a fund with objects similar to those of the Consumer Credit Fund must be paid into the Victorian Consumer Law Fund.

(2)In this clause—

credit provider has the same meaning as in the National Credit Code in Schedule 1 to the National Consumer Credit Protection Act 2009 of the Commonwealth.

*                *                *                *                *

*                *                *                *                *

*                *                *                *                *

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 8 December 2011

Legislative Council: 17 April 2012

The long title for the Bill for this Act was "A Bill for an Act to re-enact with amendments laws relating to fair trading and consumer protection, to regulate certain businesses, to repeal the Fair Trading Act 1999, the Disposal of Uncollected Goods Act 1961, the Carriers and Innkeepers Act 1958 and the Landlord and Tenant Act 1958, to make related and consequential amendments to other Acts and for other purposes."

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 8 December 2011

Legislative Council: 17 April 2012

Absolute majorities:

Legislative Assembly: 15 March 2012

Legislative Council: 1 May 2012

The Australian Consumer Law and Fair Trading Act 2012 was assented to on 8 May 2012 and came into operation as follows:

Sections 1, 2, 239 and Schedule 6 item 9 on 5 June 2012: Special Gazette (No. 172) 29 May 2012 page 1; sections 3–53, 78–99, 107–233, 237, 238, Schedule 1, Schedule 2, Schedule 4 clauses 1–5, 7, Schedule 5 and Schedule 6 items 1–8, 10–35, 36.1, 36.4, 37–47 on 1 July 2012: Special Gazette (No. 214) 28 June 2012 page 1; sections 54–77, 100–106, 234–236, Schedule 3, Schedule 4 clauses 6, 8, 9 and Schedule 6 items 36.2, 36.3, 36.5 on 1 September 2012: Special Gazette (No. 291) 28 August 2012 page 1; section 240 and Schedule 7 on 26 November 2012: Special Gazette (No. 384) 20 November 2012 page 1.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Australian Consumer Law and Fair Trading Act 2012 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Australian Consumer Law and Fair Trading Act 2012, No. 21/2012

Assent Date:	8.5.12
Commencement Date:	S. 240(Sch. 7 item 3) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Fire Services Levy Monitor Act 2012, No. 81/2012

Assent Date:	18.12.12
Commencement Date:	Ss 112, 116 on 19.12.12: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Co-operatives National Law Application Act 2013, No. 9/2013

Assent Date:	13.3.13
Commencement Date:	S. 42(Sch. 2 item 3) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1
Current State:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Consumer Affairs Legislation Amendment Act 2013, No. 57/2013

Assent Date:	22.10.13
Commencement Date:	Ss 6, 7 on 23.10.13: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Travel Agents Repeal Act 2014, No. 16/2014

Assent Date:	18.3.14
Commencement Date:	Ss 5–8 on 1.7.14: Special Gazette (No. 170) 3.6.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 8) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 6) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Fines Reform Act 2014, No. 47/2014

Assent Date:	1.7.14
Commencement Date:	S. 249 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Consumer Affairs Legislation Amendment Act 2014, No. 50/2014

Assent Date:	12.8.14
Commencement Date:	Ss 9, 11, 13–20, 22–25 on 13.8.14: s. 2(1); ss 10, 12, 21 on 3.11.14: Special Gazette (No. 304) 9.9.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Veterans and Other Acts Amendment Act 2015, No. 12/2015

Assent Date:	21.4.15
Commencement Date:	Ss 8, 9 on 22.4.15: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Statute Law Revision Act 2015, No. 21/2015

Assent Date:	16.6.15
Commencement Date:	S. 3(Sch. 1 item 7) on 1.8.15: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Consumer Acts and Other Acts Amendment Act 2016, No. 23/2016

Assent Date:	10.5.16
Commencement Date:	Ss 3–22 on 1.6.16: Special Gazette (No. 162) 24.5.16 p. 1
CurrentState:	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 on 26.4.17: Special Gazette (No. 57) 7.3.17: p. 1
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017

Assent Date:	29.8.17
Commencement Date:	S. 75 on 30.8.17: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 10) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Justice Legislation Amendment (Access to Justice) Act 2018, No. 15/2018

Assent Date:	29.5.18
Commencement Date:	S. 3 on 7.12.18: Special Gazette (No. 497) 23.10.18 p. 1
Current State:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Residential Tenancies Amendment Act 2018, No. 45/2018 (as amended by Nos 11/2020, 25/2020)

Assent Date:	18.9.18
Commencement Date:	S. 369 on 29.3.21: Special Gazette (No. 42) 27.1.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 4) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Professional Engineers Registration Act 2019, No. 26/2019

Assent Date:	3.9.19
Commencement Date:	Ss 135–137 on 1.7.21: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Consumer Legislation Amendment Act 2019, No. 47/2019

Assent Date:	3.12.19
Commencement Date:	Ss 3–5 on 18.12.19: Special Gazette (No. 537) 17.12.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:	3.12.19
Commencement Date:	S. 186(Sch. 4 item 3) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Consumer and Other Acts Miscellaneous Amendments Act 2021, No. 1/2021

Assent Date:	9.2.21
Commencement Date:	Ss 6, 7 on 10.3.21: Special Gazette (No. 110) 10.3.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Sex Work Decriminalisation Act 2022, No. 7/2022

Assent Date:	1.3.22
Commencement Date:	Ss 52–55 on 1.12.23: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Private Security and County Court Amendment Act 2024, No. 12/2024

Assent Date:	9.4.24
Commencement Date:	S. 60 on 19.6.25: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Statute Law Repeals Act 2025, No. 3/2025

Assent Date:	11.2.25
Commencement Date:	S. 3(Sch. 1 item 1) on 12.2.25: s. 2
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Consumer and Planning Legislation Amendment (Housing Statement Reform) Act 2025, No. 6/2025

Assent Date:	18.3.25
Commencement Date:	S. 83 on 25.11.25: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	S. 106(Sch. 1 item 3) on 6.8.25: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	S. 3(Sch. 1 item 5) on 22.10.25: s. 2
CurrentState:	This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012

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3   Explanatory details

[1] Sch. 4 cl. 7(2): Section 5 of the Personal Property Securities (Statute Law Revision and Implementation) Act 2010 commenced on 30 January 2012.