Consumer Claims Regulation 1999 (NSW)

1Name of Regulation

This Regulation is the Consumer Claims Regulation 1999.

2Commencement

This Regulation commences on 1 March 1999.

3Definitions

In this Regulation:

the Act means the Consumer Claims Act 1998.

4Notes

The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.

5Applications

Applications under section 6 of the Act may be lodged in accordance with the Consumer, Trader and Tenancy Tribunal Regulation 2002.

6Limitation on Tribunal’s jurisdiction to make orders

In relation to claims arising under the Act (other than claims relating to commission fees charged by agents licensed under the Property, Stock and Business Agents Act 2002), the prescribed amount for the purposes of section 14 of the Act is $25,000.

Note—

The jurisdictional limit set out in this clause does not apply in relation to a consumer claim arising from the supply of a new motor vehicle that is used substantially for private purposes (see section 14 (3) of the Act).

7List of unsatisfactory suppliers(1)

For the purposes of section 16 (2) of the Act, the prescribed particulars are:

• (a)

  the address at which the supplier carries on business, and

• (b)

  the reason for inclusion of the supplier’s name on the unsatisfactory suppliers list.

(2)

For the purposes of section 16 (2) (c) of the Act, the prescribed number of orders is 5 and the prescribed period is 12 months.

(3)

For the purposes of section 16 (4) of the Act:

• (a)

  the prescribed period is 5 years, and

• (b)

  the supplier’s compliance with a specified order or specified orders of the Tribunal within the period notified to the supplier by the Director-General is a prescribed event, and

• (c)

  that the supplier satisfy the Director-General that the unsatisfactory conduct of the supplier will be discontinued is a prescribed condition.

8Disputes concerning commission charged by certain licensed agents

Claims relating to commission fees charged by agents licensed under the Property, Stock and Business Agents Act 2002 are to be dealt with in the Commercial Division of the Tribunal.