Consumer and Trader Tribunal Act 2003 (ACT)

Consumer and Trader Tribunal Act 2003 (repealed)   

A2003-16

Republication No 10

Effective:  2 February 2009

Republication date: 2 February 2009

As repealed by A2008-35 s 119 (1) (b)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Consumer and Trader Tribunal Act 2003 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 2 February 2009. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or

(b)if the person charged is a corporation—$500.

Consumer and Trader Tribunal Act 2003 (repealed)

Contents

Page

Part 1Preliminary

1. Name of Act  2

2. Dictionary  2

3. Notes  2

4. Offences against Act—application of Criminal Code etc 2

5. Objects of Act  3

Part 2The consumer and trader tribunal

Division 2.1              Establishment and constitution

1. Establishment of tribunal  4

2. Constitution of tribunal  4

Division 2.2              Tribunal members and staff

1. Appointment of president  5

2. Appointment of deputy president  5

3. Appointment of tribunal panel  5

4. Appointment of tribunal registrar  6

5. Appointment of deputy tribunal registrars  6

6. Ending appointments  6

Part 3Applications to tribunal

1. What applications may be made?  7

2. Acts providing for application for review  7

3. Making an application  8

4. Help with applications etc  8

5. Withdrawal of application  8

6. Preliminary conferences  9

Part 4Tribunal procedures

Division 4.1              Procedures generally

1. Principles about tribunal procedures  10

2. Natural justice  10

3. Procedure generally  10

4. Arrangement of business  10

5. Time and place of proceedings  10

Division 4.2              Tribunal proceedings

1. Laws of evidence  11

2. Tribunal may inform itself  11

3. Parties  11

4. Representation  11

5. Appearance by corporation  11

6. Hearings  11

7. Procedure in absence of party  12

8. Powers in relation to witnesses etc  12

9. Taking part by telephone etc  13

10. Amendments  13

11. Costs  14

12. Disclosure of interests by members  14

13. Adjournment of proceedings  15

Part 5Decisions and powers of tribunal

1. Decisions by majority or president  16

2. Applications to extend time or amend orders  16

3. Decision without hearing  16

4. Review of decisions on application  17

5. Orders for disciplinary action  17

6. Other actions by tribunal  18

7. Interim orders  19

8. Other disciplinary action  20

9. Kinds of directions  21

10. Notice of orders  21

11. Statement of reasons  22

Part 6Referrals and appeals to Supreme Court

1. Referral of questions of law  23

2. Appeals from tribunal to Supreme Court  23

Part 7Enforcement and offences

1. Application of Criminal Code, ch 7 24

2. Failure to comply  24

3. Orders for payment of amounts  24

4. Nonpayment of amounts ordered to be paid  24

5. Secrecy  25

Part 8Miscellaneous

1. Protection of members etc  27

2. Admissibility of evidence  27

3. Approved forms  27

4. Regulation-making power  28

Dictionary29

Endnotes

1. About the endnotes  31

2. Abbreviation key  31

3. Legislation history  32

4. Amendment history  33

5. Earlier republications  35

Consumer and Trader Tribunal Act 2003 (repealed)

An Act to establish a consumer and trader tribunal, and for other purposes

Part 1Preliminary

1. Name of Act

   This Act is the Consumer and Trader Tribunal Act 2003.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain words and expressions used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Offences against Act—application of Criminal Code etc

   Other legislation applies in relation to offences against this Act.

   Note 1Criminal Code

   The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

   The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

   Note 2Penalty units

   The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

5. Objects of Act

   The objects of this Act are—

   (a)to establish a consumer and trader tribunal to—

   (i)review decisions by decision-makers under other Acts if authorised under the Acts; and

   (ii)make decisions about the disciplinary action to be taken against licensees under other Acts if authorised under the Acts; and

   (b)to ensure that the tribunal is accessible; and

   (c)to ensure that proceedings in the tribunal are as simple, quick, inexpensive and as informal as possible (see section 21); and

   (d)to ensure that decisions of the tribunal are fair.

Part 2The consumer and trader tribunal

Division 2.1               Establishment and constitution

1. Establishment of tribunal

   (1)The Consumer and Trader Tribunal (the tribunal) is established.

   (2)The tribunal has a general division.

   (3)The regulations may create other tribunal divisions.

2. Constitution of tribunal

   (1)The tribunal consists of—

   (a)the president; or

   (b)the president and members appointed by the president under subsection (2); or

   (c)1 or more members appointed by the president under subsection (2).

   (2)After considering the nature and complexity of a matter to be decided by the tribunal, the president may appoint from the tribunal panel 1 or more members of the tribunal for the hearing of the matter.

   Note For the making of appointments (including acting appointments), see Legislation Act, div 19.3.

   (3)In appointing members under subsection (2) for the hearing of a matter, the president must consider whether a member with qualifications or experience in consumer affairs should be appointed.

   (4)If the president appoints more than 1 member for subsection (1) (c) for a hearing, the president must nominate one of the members to be the presiding member.

Division 2.2               Tribunal members and staff

1. Appointment of president

   (1)The Executive may appoint a person to be the president of the tribunal.

   NoteFor the making of appointments (including acting appointments), see Legislation Act, div 19.3.

   (2)However, the Executive may not appoint a person under subsection (1) unless the person is a lawyer and has been a lawyer for 5 years or more.

   (3)An appointment must be for a term of not longer than 5 years.

   NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

2. Appointment of deputy president

   (1)The Executive may appoint a person as a deputy president for a stated division of the tribunal if satisfied that the person’s experience or expertise qualify the person to exercise the functions of deputy president.

   NoteFor the making of appointments (including acting appointments), see Legislation Act, div 19.3.

   (2)The Executive may not appoint more than 1 deputy president for a division of the tribunal.

   (3)An appointment must be for a term of not longer than 3 years.

3. Appointment of tribunal panel

   (1)The Executive may appoint a person to a tribunal panel if satisfied that the person’s experience or expertise qualify the person to be a member of the tribunal.

   (2)In appointing people to the tribunal panel, the Executive must ensure that the panel includes members with qualifications or experience in consumer affairs.

   (3)An appointment must be for a term of not longer than 3 years.

4. Appointment of tribunal registrar

   (1)The chief executive may appoint a public servant to be the tribunal registrar (the registrar).

   Note 1For the making of appointments (including acting appointments), see Legislation Act, div 19.3.

   Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see s 207).

   (2)The registrar may delegate any function to a public servant.

   NoteFor the making of delegations and the exercise of delegated functions, see Legislation Act, pt 19.4.

5. Appointment of deputy tribunal registrars

   (1)The chief executive may appoint 1 or more public servants to be deputy registrars for the tribunal.

   (2)A deputy registrar may exercise a function of the registrar, subject to any direction of the registrar.

6. Ending appointments

   The Executive may end the appointment of a person as a tribunal member or tribunal panel member—

   (a)for misbehaviour; or

   (b)for physical or mental incapacity, if the incapacity affects the exercise of the person’s functions.

   NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).

Part 3Applications to tribunal

1. What applications may be made?

   An Act may provide that an application may be made to the tribunal—

   (a)for review of a decision made in the exercise of a function under the Act; or

   (b)for disciplinary action to be taken against a person under the Act.

   NoteThe following Acts provide that applications may be made to the tribunal:

   ·Agents Act 2003

   ·Road Transport (Third-Party Insurance) Act 2008

   ·Security Industry Act 2003.

2. Acts providing for application for review

   (1)This section applies if an Act makes provision under section 15 (a).

   (2)The Act—

   (a)must state the person whose decisions may be reviewed; and

   (b)may be expressed to apply to all decisions of a person, or to stated decisions of the person; and

   (c)may state conditions subject to which applications may be made.

   (3)A failure by a person to do something required or allowed to be done within the period prescribed by the Act for doing the thing is taken to be a decision by the person not to do the thing.

   (4)A decision mentioned in subsection (3) is taken to have been made at the end of the prescribed period mentioned in subsection (3).

3. Making an application

   An application must—

   (a)be in writing; and

   (b)contain a statement of reasons for making the application; and

   (c)contain the details (if any) prescribed under the regulations; and

   (d)for an application for review of a decision—be made within 60 days after the day the decision to which the application relates is made; and

   (e)be given to the registrar.

   Note 1If a form is approved under s 62 (Approved forms) for an application, the form must be used.

   Note 2A fee may be determined under the Court Procedures Act 2004 for this provision.

4. Help with applications etc

   The registrar may give a person making an application, or considering making an application, the help the registrar considers appropriate.

   Example

   The registrar may advise the person about the role of the tribunal.

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

5. Withdrawal of application

   (1)An applicant may withdraw an application at any time by giving written notice of the withdrawal to the registrar.

   (2)As soon as practicable after receiving notice of withdrawal of an application, the registrar must give a copy of the notice to each other party to the application.

6. Preliminary conferences

   (1)The registrar may require the parties to an application to attend a preliminary conference.

   (2)The registrar may make inquiries, or require further information from a party, for or during a preliminary conference.

   Example

   The registrar may talk to the consumer who made a complaint to which an application for disciplinary action relates.

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Part 4Tribunal procedures

Division 4.1               Procedures generally

1. Principles about tribunal procedures

   The procedures of the tribunal are to be as simple, quick and inexpensive as is consistent with achieving justice.

2. Natural justice

   The tribunal must observe natural justice.

3. Procedure generally

   (1)The tribunal may decide its own procedure in relation to a particular matter in a hearing or a step in a proceeding if no procedure is prescribed under this Act.

   NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

   (2)However, tribunal proceedings should be as informal as possible.

4. Arrangement of business

   (1)The president is responsible for ensuring the orderly and prompt discharge of tribunal business.

   (2)Without limiting subsection (1), the president may give directions that are not inconsistent with this Act about any of the following:

   (a)the arrangement of tribunal business;

   (b)the procedure of the tribunal generally.

5. Time and place of proceedings

   The tribunal is to sit at the times and places the president decides.

Division 4.2               Tribunal proceedings

1. Laws of evidence

   The tribunal is not required to apply the laws of evidence, subject to section 22 (Natural justice).

2. Tribunal may inform itself

   The tribunal may inform itself in any way it considers appropriate in a particular proceeding, subject to section 22 (Natural justice).

3. Parties

   (1)The parties to a tribunal proceeding are—

   (a)for an application for review of a decision—the applicant and the decision-maker; or

   (b)for an application in relation to disciplinary action—the commissioner and the person to whom the application relates.

   (2)Also, the tribunal may join any person as a party to the proceeding.

4. Representation

   A person may be represented in a proceeding by a lawyer or someone else.

5. Appearance by corporation

   A corporation may appear before the tribunal by a director or an authorised officer.

6. Hearings

   (1)The tribunal must hear each application made to it, unless the tribunal—

   (a)decides not to conduct a hearing under section 41 (Decision without hearing); or

   (b)refuses to hear the application, or dismisses it, under section 44 (1) (a) (Other actions by tribunal).

   (2)A tribunal hearing must be in public unless there are exceptional circumstances that, in the tribunal’s opinion, justify the hearing being closed.

7. Procedure in absence of party

   (1)This section applies if, at the time set for the hearing of an application, a party to the application fails to appear either personally or by a representative.

   (2)The tribunal may—

   (a)order that the application be set down for hearing at another time; or

   (b)order that stated other steps be taken before the hearing proceeds as the tribunal directs; or

   (c)adjourn the proceeding; or

   (d)if the party is the applicant—dismiss the application; or

   (e)proceed with the hearing in the absence of the party either generally or in relation to any relief claimed in the proceeding.

8. Powers in relation to witnesses etc

   (1)The member presiding at a hearing of the tribunal, the registrar or a deputy registrar may, by written notice given to a person (a subpoena), require the person to appear before the tribunal at a hearing, at a stated time and place, to do either or both of the following:

   (a)to give evidence;

   (b)to produce a stated document or other thing relevant to the hearing.

   (2)The tribunal may give a party leave to inspect a document produced under a subpoena.

   (3)A person is taken to have complied with a subpoena under subsection (1) (b) if the person gives the document or other thing to the registrar before the date stated in the subpoena for its production.

   (4)The member presiding at a hearing of the tribunal may require a witness appearing before the tribunal to give evidence to do 1 or more of the following:

   (a)to take an oath;

   (b)to answer a question relevant to the hearing;

   (c)to produce a stated document or other thing relevant to the hearing.

   Note 1Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

   Note 2The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege.

9. Taking part by telephone etc

   The registrar at a preliminary conference, or the tribunal hearing a proceeding, may allow a person to take part or give evidence by telephone, closed-circuit television or other means of communication.

10. Amendments

    At any stage of a proceeding, the tribunal may—

    (a)on application by a party or on its own initiative, order that a document in the proceeding be amended; or

    (b)with the agreement of the parties, give leave to a party to amend a document of the party.

11. Costs

    The parties to a hearing must bear their own costs unless the tribunal requires otherwise under section 44 (1) (b) (Other actions by tribunal).

12. Disclosure of interests by members

    (1)This section applies if—

    (a)a person is, or is to be, a tribunal member for a proceeding; and

    (b)the person has or acquires an interest, financial or otherwise, that could conflict with the exercise of the member’s functions in relation to the proceeding.

    (2)The person—

    (a)must tell the parties to the proceeding about the interest; and

    (b)must not take part, or continue to take part, in the proceeding, or exercise any function in relation to the proceeding, unless each party consents to the person taking part, or continuing to take part, in the proceeding.

    (3)If the president becomes aware that a person is, or is to be, a tribunal member for a proceeding and that the member has an interest mentioned in subsection (1) (b) in relation to the proceeding—

    (a)if the president considers that the person should not take part, or should not continue to take part, in the proceeding—the president must direct the person not to take part or continue to take part; or

    (b)in any other case—the president must cause the interest of the person to be disclosed to the parties to the proceeding.

    (4)In this section:

    interest means a direct or indirect interest.

1. Adjournment of proceedings

   The tribunal may, at any time, adjourn the hearing of, or the further hearing of, an application in the way and on the conditions the tribunal considers appropriate.

Part 5Decisions and powers of tribunal

1. Decisions by majority or president

   (1)Questions for decision by the tribunal may be decided by a majority of the votes of tribunal members.

   (2)If the votes of tribunal members on a question are equally divided, the decision of the president or, if the president is not a tribunal member, the presiding member is the decision of the tribunal on the question.

2. Applications to extend time or amend orders

   (1)This section applies if the tribunal is constituted by the president or the president and other members.

   NotePresident, for a proceeding in a tribunal division, includes the deputy president of the division (see dict).

   (2)The tribunal may, on application—

   (a)extend the time for compliance with a tribunal order; or

   (b)amend an interim tribunal order.

3. Decision without hearing

   (1)The tribunal may give each party to the proceeding on an application written notice to the effect that—

   (a)the tribunal proposes to make a decision on the application without conducting a hearing; and

   (b)if the party wishes to make representations about the proposal—the party must make the representations within 21 days after the day the notice is given.

   (2)The tribunal may decide not to conduct a hearing in relation to the application only if the tribunal—

   (a)has given notice under subsection (1); and

   (b)has taken into consideration any representation made by a party to the proceeding on the application within the 21 days; and

   (c)is satisfied that it is in the public interest not to conduct a hearing; and

   (d)is satisfied that it has sufficient information to make an informed decision on the application.

4. Review of decisions on application

   (1)This section applies if the tribunal is reviewing a decision on application.

   (2)The tribunal may exercise the powers and discretions given by any relevant Act to the person who made the decision.

   (3)The tribunal must make a decision in writing—

   (a)confirming the decision under review; or

   (b)varying the decision under review; or

   (c)setting aside the decision under review and—

   (i)making a decision in substitution for the decision set aside; or

   (ii)remitting the matter for reconsideration in accordance with any direction or recommendation of the tribunal.

5. Orders for disciplinary action

   (1)This section applies if the tribunal is considering an application for disciplinary action against a person.

   (2)The tribunal may make an order for disciplinary action in relation to the person if satisfied on reasonable grounds that grounds for disciplinary action against the person exist.

   (3)In considering what disciplinary action to take against the person, the tribunal must consider the following:

   (a)whether the person took reasonable steps to avoid the action (the contravention) that is the grounds for disciplinary action;

   (b)whether disciplinary action has previously been taken against the person for a similar act;

   (c)whether the person has taken steps to mitigate the effect of the contravention;

   (d)the impact of the contravention on any consumer;

   (e)the likelihood that the person will act in a way that is grounds for disciplinary action in the future;

   (f)whether the commissioner has applied for particular disciplinary action to be taken and, if so, the kind of disciplinary action applied for.

   Example for par (e)

   The trader has changed a method of work or given a direction to staff to prevent further contraventions.

   NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

   (4)The tribunal may consider any other relevant matter.

6. Other actions by tribunal

   (1)The tribunal may—

   (a)if the tribunal considers an application is frivolous or vexatious—refuse to hear the application, or dismiss it; or

   (b)if the tribunal considers that a party to a proceeding caused unreasonable delay or obstruction before or during the proceeding—require the party to pay the reasonable costs of the other party arising from the delay or obstruction; or

   (c)hear an application jointly with another application that arises from the same or similar facts; or

   (d)with the president’s consent, amend or set aside a tribunal order.

   (2)The tribunal may take any other action it considers appropriate that is consistent with this Act and the Act under which the decision appealed from was made or under which the person against whom disciplinary action is sought is licensed or registered.

   NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

   (3)This section does not limit any other power given to the tribunal under this Act or another Territory law.

7. Interim orders

   (1)This section applies if, before a hearing—

   (a)a party to the proceeding applies to the tribunal for an order under this section; and

   (b)the tribunal is satisfied that, if an order under this section were not made before the beginning of the hearing, the party applying for the order would be disadvantaged or suffer harm.

   (2)The tribunal may make any order (an interim order) it considers appropriate to protect the position of the party that applied for the order.

   (3)An interim order remains in force until the earliest of the following happens:

   (a)the end of 2 weeks after the day it is made;

   (b)the tribunal orders otherwise;

   (c)the tribunal makes an order at the conclusion of the hearing to which the interim order relates.

   (4)The tribunal may, on application by a party while an interim order is in force—

   (a)vary the order; or

   (b)revoke the order; or

   (c)extend the order for a further 2 weeks.

   (5)If the person against whom an interim order is made is not present when the order is made, the registrar must arrange for a copy of the order to be served on the person as soon as practicable after the order is made.

8. Other disciplinary action

   (1)In addition to any other order the tribunal may make, the tribunal may, in relation to a person who is the subject of a disciplinary proceeding—

   (a)order the person to pay an amount to the Territory or someone else, of not more than—

   (i)if the person is an individual—$1 000; or

   (ii)if the person is a corporation—$5 000; or

   (b)reprimand the person; or

   (c)order the person to give a written undertaking; or

   (d)direct the commissioner to—

   (i)place a condition on the person’s licence or registration; or

   (ii)remove or amend a condition placed on the person’s licence or registration; or

   (e)give the person directions.

   (2)The tribunal must not give a direction for subsection (1) (d) that would result in inconsistency with an express requirement placed on the person’s licence or registration by the Act under which the person is licensed or registered.

   NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

9. Kinds of directions

   (1)The tribunal may issue the kinds of directions under section 46 (e) that the tribunal considers appropriate in a particular case.

   (2)The directions the tribunal may issue include a direction to comply with a requirement under an Act or a licence.

   (3)A direction must state the period within which the person is to comply with the direction.

   (4)The tribunal may, on application, extend the period for compliance stated in a direction either before or after the end of the stated period.

10. Notice of orders

    The tribunal must give each party to a proceeding written notice setting out the terms of any order made under this part within 7 days after the day the tribunal makes the order.

11. Statement of reasons

    (1)This section applies if—

    (a)the tribunal makes an order; and

    (b)within 14 days after the day the order is made a party to the proceeding asks for a statement of reasons for the making of the order.

    (2)The tribunal must give the party a written statement of reasons for the making of the order.

    NoteThe Legislation Act, s 179 deals with what must be included in a statement of reasons.

Part 6Referrals and appeals to Supreme Court

1. Referral of questions of law

   (1)If the tribunal considers that a question of law raises an issue of public importance, the tribunal may refer the question to the Supreme Court.

   (2)The tribunal may act under subsection (1) on its own initiative or on application by a party.

2. Appeals from tribunal to Supreme Court

   (1)A party to a proceeding before the tribunal may appeal to the Supreme Court on a question of law from a decision of the tribunal in the proceeding.

   (2)The appeal may be brought only with the Supreme Court’s leave.

   NoteSee the Court Procedures Rules 2006, r 5052 (Appeals to Supreme Court—general powers), r 5072 (Appeals to Supreme Court—time for filing application for leave to appeal) and r 5103 (Appeals to Supreme Court—time for filing notice of appeal).

Part 7Enforcement and offences

1. Application of Criminal Code, ch 7

   A proceeding before the tribunal is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

   NoteThat chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to tribunal proceedings.

2. Failure to comply

   (1)A party to a hearing must not, without reasonable excuse, fail to comply with a tribunal order or direction.

   (2)If a person contravenes subsection (1), the tribunal may order the person to pay a stated amount (not larger than the amount (if any) prescribed under the regulations) to the Territory.

3. Orders for payment of amounts

   If the tribunal orders a person to pay an amount, the tribunal must tell the person about the effect of section 55.

4. Nonpayment of amounts ordered to be paid

   (1)This section applies if—

   (a)the tribunal orders the payment within a stated period of an amount by a person who is licensed or registered under an Act mentioned in section 15 (b); and

   (b)the person does not make the payment within the period, or any further period allowed by the tribunal, for payment.

   (2)The registrar must give the person written notice that the person’s licence or registration will be automatically cancelled if the person does not make the payment within 7 days after the day the person receives the notice.

   (3)If the person does not make the payment within the period mentioned in subsection (2), the person’s licence or registration is automatically cancelled on the day after the end of the period.

5. Secrecy

   (1)In this section:

   court includes any entity with power to require the production of documents or the answering of questions.

   divulge includes communicate.

   person to whom this section applies means anyone who is, or has been—

   (a)a tribunal member; or

   (b)a member of the staff of the tribunal; or

   (c)acting under the direction or authority of the tribunal; or

   (d)providing advice or expertise to the tribunal.

   produce includes allow access to.

   protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else.

   (2)A person to whom this section applies commits an offence if—

   (a)the person—

   (i)makes a record of protected information about someone else; and

   (ii)is reckless about whether the information is protected information about someone else; or

   (b)the person—

   (i)does something that divulges protected information about someone else; and

   (ii)is reckless about whether—

   (A)the information is protected information about someone else; and

   (B)doing the thing would result in the information being divulged.

   Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

   (3)This section does not apply if the record is made, or the information is divulged—

   (a)under this Act or another territory law; or

   (b)in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law.

   (4)Subsection (2) does not apply to the divulging of protected information about someone with the person’s consent.

   (5)A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another territory law.

Part 8Miscellaneous

1. Protection of members etc

   (1)This section applies to a person who is, or has been—

   (a)a tribunal member; or

   (b)the registrar or deputy registrar; or

   (c)acting under the direction or authority of the tribunal; or

   (d)taking part in a proceeding; or

   (e)a public servant providing administrative assistance to the tribunal.

   (2)A civil proceeding does not lie against a person to whom this section applies in relation to loss, damage or injury of any kind to someone else because of an act done, or omitted to be done honestly in the exercise (or purported exercise) of a function under this Act.

2. Admissibility of evidence

   (1)Evidence given before the registrar during a preliminary conference is not admissible against a person in a criminal proceeding.

   (2)Evidence of any words spoken at a preliminary conference must not be admitted in a civil proceeding under this Act.

3. Approved forms

   (1)The president may, in writing, approve forms for this Act.

   (2)If the president approves a form for a particular purpose, the approved form must be used for that purpose.

   NoteFor other provisions about forms, see Legislation Act, s 255.

   (3)An approved form is a notifiable instrument.

   NoteA notifiable instrument must be notified under the Legislation Act.

4. Regulation-making power

   (1)The Executive may make regulations for this Act.

   NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

   (2)The regulations may make provision in relation to the following:

   (a)preliminary conferences;

   (b)giving notice to parties before a tribunal hearing;

   (c)record-keeping;

   (d)tribunal practice and procedures.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2In particular, the Legislation Act, dict, pt 1, defines the following terms:

·appoint

·chief executive

·contravene

·Executive

·exercise

·function

·interest

·lawyer

·public servant.

commissioner means the commissioner for fair trading.

deputy president, for a tribunal division, means the deputy president appointed under section 10 for the division.

disciplinary action, in relation to a person who is licensed or registered under an Act mentioned in section 15 (b)—

(a)means any action the tribunal may take in relation to the person under that Act; and

(b)includes action under section 46 (Other disciplinary action).

grounds for disciplinary action, in relation to a person who is licensed or registered under an Act mentioned in section 15 (b)—see that Act, dictionary.

president—

(a)means the president appointed under section 9; and

(b)for a proceeding in a tribunal division—includes the deputy president for the division.

tribunal means the Consumer and Trader Tribunal established under section 7.

tribunal member, for a hearing on an application, means a person making up the tribunal for the hearing.

tribunal panel means the people appointed by the Executive under section 11.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

1. Legislation history

   Consumer and Trader Tribunal Act 2003 A2003-16

   notified LR 9 April 2003
   s 1, s 2 commenced 9 April 2003 (LA s 75 (1))

   remainder commenced 9 October 2003 (s 2 and LA s 79)

   as amended by

   Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.20

   notified LR 26 March 2004
   s 1, s 2 commenced 26 March 2004 (LA s 75 (1))

   sch 2 pt 2.20 commenced 9 April 2004 (s 2 (1)

   Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.13

   notified LR 2 September 2004
   s 1, s 2 commenced 2 September 2004 (LA s 75 (1))

   
   

   sch 1 pt 1.13 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)

   Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.3

   notified LR 26 October 2005
   s 1, s 2 commenced 26 October 2005 (LA s 75 (1))

   sch 1 pt 1.3 commenced 23 November 2005 (s 2)

   Criminal Code Harmonisation Act 2005 A2005-54 sch 1 pt 1.15

   notified LR 27 October 2005
   s 1, s 2 commenced 27 October 2005 (LA s 75 (1))

   sch 1 pt 1.15 commenced 24 November 2005 (s 2)

   Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 2 pt 2.10

   notified LR 28 September 2006
   s 1, s 2 commenced 28 September 2006 (LA s 75 (1))

   sch 2 pt 2.10 commenced 29 September 2006 (s 2 (1))

   Road Transport (Third-Party Insurance) Act 2008 A2008-1 sch 1 pt 1.2 (as am by A2008-39 s 4)

   notified LR 26 February 2008

   s 1, s 2 commenced 26 February 2008 (LA s 75 (1))
   sch 1 pt 1.2 commenced 1 October 2008 (s 2 as am by A2008‑39 s 4)

   Road Transport (Third-Party Insurance) Amendment Act 2008 A2008‑39

   notified LR 22 August 2008
   s 1, s 2 commenced 22 August 2008 (LA s 75 (1))
   remainder commenced 23 August 2008 (s 2)

   NoteThis Act only amends the Road Transport (Third-Party Insurance) Act 2008 A2008-1.

   as repealed by

   ACT Civil and Administrative Tribunal Act 2008 A2008-35 s 119

   notified LR 4 September 2008
   s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
   s 119 commenced 2 February 2009 (s 2 (1) and CN2009-2)

1. Amendment history

   Commencement

   s 2om LA s 89 (4)

   What applications may be made?

   s 15am A2008-1 amdt 1.11

   Making an application

   s 17am A2004-60 amdt 1.78

   Powers in relation to witnesses etc

   s 33sub A2005-53 amdt 1.22

   (5), (6) exp 23 November 2006 (s 33 (6))

   Appeals from tribunal to Supreme Court

   s 51sub A2006-40 amdt 2.84

   Application of Criminal Code, ch 7

   s 52sub A2005-53 amdt 1.23

   Obstruction and hindering

   s 56am A2004-15 amdt 2.47

   om A2005-53 amdt 1.24

   False or misleading information

   s 57om A2005-53 amdt 1.24

   False or misleading documents

   s 58om A2005-53 amdt 1.24

   Secrecy

   s 59sub A2005-54 amdt 1.87

   Determination of fees

   s 63om A2004-60 amdt 1.79

   Transitional provisions and consequential amendments

   pt 9 hdgexp 9 October 2005 (s 72)

   Definitions for pt 9

   s 65exp 9 October 2005 (s 72)

   Agents board members

   s 66exp 9 October 2005 (s 72)

   Agents board chairperson

   s 67exp 9 October 2005 (s 72)

   Court Security Act 2001

   Dictionary, definition of court, new paragraph (ea)

   s 68om LA s 89 (3)

   Court Security Act 2001

   Dictionary, definition of court

   s 69om LA s 89 (3)

   Legislation Act 2001

   Dictionary, part 1, new definition of consumer and trader tribunal

   s 70om LA s 89 (3)

   Modification of pt 9’s operation

   s 71exp 9 October 2005 (s 72)

   Expiry of pt 9

   s 72exp 9 October 2005 (s 72)

2. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 9 Oct 2003	9 Oct 2003– 8 Apr 2004	not amended	new Act
R2 9 Apr 2004	9 Apr 2004– 9 Jan 2005	A2004-15	amendments by A2004-15
R3 10 Jan 2005	10 Jan 2005– 9 Oct 2005	A2004-60	amendments by A2004-60
R4 10 Oct 2005	10 Oct 2005– 22 Nov 2005	A2004-60	commenced expiry
R5 23 Nov 2005	23 Nov 2005– 23 Nov 2005	A2005-54	amendments by A2005-53
R6 24 Nov 2005	24 Nov 2005– 28 Sept 2006	A2005-54	amendments by A2005-54
R7 29 Sept 2006	29 Sept 2006– 23 Nov 2006	A2006-40	amendments by A2006-40
R8 24 Nov 2006	24 Nov 2006– 30 Sept 2008	A2006-40	commenced expiry
R9 1 Oct 2008	1 Oct 2008– 1 Feb 2009	A2008-39	amendments by A2008-1 as amended by A2008-39

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