Fair Trading and Consumer Acts Amendment Act 2007 (Vic)
Fair Trading and Consumer Acts Amendment Act 2007
No. 17 of 2007
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1Purpose
2Commencement
PART 2—FAIR TRADING ACT 1999
3Address to be included in documents
4Requirements for non-contact sales agreements
5Power to obtain information, documents and evidence
6Emergency entry
7Embargo notice
8New section 126B inserted
126BMonitoring compliance with embargo notices
9Court may order destruction of dangerous goods
10Orders to prohibit payment of money or transfer of other
property11Findings in proceedings to be evidence
12Orders against persons found to have contravened this Act
13Consumer documents to be clear
PART 3—CONVEYANCERS ACT 2006
14Definitions
15Eligibility for licence
16Section 12 substituted
12Competency qualifications and work experience
17Failure to comply with section 35
18Section 38 substituted
38Change in details of licence or annual statement
19New section 40A inserted
40ASurrender of licence
20Exemption from requirement to appoint manager
21Employment of disqualified persons
22Trust money and trust accounts
23New section 73A inserted
73ATrust money subject to specific powers
24Trust money received in the form of cash
25Intermixing money
26Disclosure of information generally
27Register of Licensed Conveyancers
28New section 182A inserted
182ARegistrar may waive fees
29Application of Fair Trading Act 1999
30Existing conveyancer may apply to Authority for provisional licence
31New clause 11A inserted in Schedule 1
11ARestrictions on company licence
32Consequential amendments
33New item 6 inserted in Schedule 2
6Transfer of Land Act 1958
PART 4—OTHER CONSUMER ACTS
34Consumer Credit (Victoria) Act 1995
40AIncorporation of provisions of Fair Trading Act 1999
35Motor Car Traders Act 1986
36Schedule
PART 5—REPEAL
37Repeal of Act
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SCHEDULE—Amendments to Consumer Acts
1Associations Incorporation Act 1981
2Business Names Act 1962
3Domestic Building Contracts Act 1995
4Estate Agents Act 1980
5Fundraising Appeals Act 1998
6Funerals Act 2006
7Funerals (Pre-Paid Money) Act 1993
8Introduction Agents Act 1997
9Motor Car Traders Act 1986
10Petroleum Products (Terminal Gate Pricing) Act 2000
11Prostitution Control Act 1994
12Residential Tenancies Act 1997
13Sale of Land Act 1962
14Second-Hand Dealers and Pawnbrokers Act 1989
15Travel Agents Act 1986
16Utility Meters (Metrological Controls) Act 2002
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ENDNOTES
Fair Trading and Consumer Acts Amendment Act 2007
No. 17 of 2007
[Assented to 29 May 2007]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purpose
The main purpose of this Act is to amend the Fair Trading Act 1999, the Conveyancers Act 2006, the Motor Car Traders Act 1986, the Consumer Credit (Victoria) Act 1995 and several other Consumer Acts to improve the operation of those Acts.
2Commencement
(1)This Act (except Part 3) comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to subsection (3), Part 3 comes into operation on a day or days to be proclaimed.
(3)If a provision of Part 3 does not come into operation before 1 July 2008, it comes into operation on that day.
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PART 2—FAIR TRADING ACT 1999
3Address to be included in documents
In section 29(3) of the Fair Trading Act 1999, after "other than" insert "a person who publishes a document, statement or advertisement on the person's own behalf or".
4Requirements for non-contact sales agreements
After section 69(1) of the Fair Trading Act 1999 insert—
"(1A)Subsection (1)(d) does not limit the operation of section 29.".
5Power to obtain information, documents and evidence
(1)In section 106I(1)(c) of the Fair Trading Act 1999, after "Director" insert ", or a person specified in the notice acting on the Director's behalf,".
(2)In section 106I(2) of the Fair Trading Act 1999, after "Director" insert "or the person specified in the notice acting on the Director's behalf".
6Emergency entry
After section 121(3) of the Fair Trading Act 1999 insert—
"(3A)Section 126B extends and applies to a notice given under subsection (3) (with any necessary modifications) as if—
(a)a reference to an embargo notice were a reference to a notice under subsection (3); and
(b)a reference to section 126(2) were a reference to subsection (6).".
7Embargo notice
In section 126(2) of the Fair Trading Act 1999, for "penalty of" substitute "penalty not exceeding".
8New section 126B inserted
After section 126A of the Fair Trading Act 1999 insert—
"126B Monitoring compliance with embargo notices
(1)For the purpose of monitoring compliance with section 126(2), an inspector, with the written approval of the Director, may apply to the Magistrates' Court for—
(a)an order requiring the owner of the thing to which an embargo notice under section 126 relates, or the occupier of the premises where the thing is kept or required under the notice to be kept, to answer questions or produce documents at a time and place specified by the inspector; and
(b)any other order incidental to or necessary for monitoring compliance with section 126(2).
(2)The Magistrates' Court may make the order sought under subsection (1).
(3)If a thing is subject to an embargo notice under section 126, for the purpose of monitoring compliance with any one or more of the following—
(a)section 126(2);
(b)a prescribed safety standard;
(c)an interim ban order;
(d)a permanent ban order;
(e)a fixed term ban order—
in relation to the thing, an inspector, with the written approval of the Director, may apply to a magistrate for the issue of a search warrant permitting entry to the premises where the thing is kept or required to be kept.
(4)If the magistrate is satisfied by evidence, on oath or by affidavit, of the inspector that it is necessary to do so for the effective monitoring of compliance with any one or more of the following—
(a)section 126(2);
(b)a prescribed safety standard;
(c)an interim ban order;
(d)a permanent ban order;
(e)a fixed term ban order—
the magistrate may issue a search warrant, in accordance with the Magistrates' Court Act 1989.
(5)The warrant may authorise the inspector, together with any other person or persons named or otherwise identified in the warrant and with any necessary equipment, to enter the premises specified in the warrant, if necessary by force, and—
(a)to search for, seize and secure against interference the thing named in the warrant; or
(b)to test the thing named in the warrant to determine whether it complies with a prescribed safety standard; or
(c)to test the thing named in the warrant to determine whether any of the following is being complied with—
(i)an interim ban order;
(ii)a permanent ban order;
(iii)a fixed term ban order; or
(d)to do any combination of the activities referred to in paragraphs (a), (b) and (c).
(6)Sections 123 and 124 extend and apply to a search warrant issued under subsection (4).".
9Court may order destruction of dangerous goods
(1)In section 129A(1) of the Fair Trading Act 1999, after "kind" insert "to which a prescribed safety standard applies or".
(2)For section 129A(2) of the Fair Trading Act 1999 substitute—
"(2)On an application under subsection (1), the court may—
(a)make an order permitting the destruction of the goods, if it is satisfied that it is appropriate to do so; and
(b)make any other order that it considers to be appropriate, including—
(i)an order relating to the payment by the owner of the goods of the costs of, and any costs incidental to, the destruction of the goods; or
(ii)an order under subsection (2A).
(2A)If the court is satisfied that the owner of the goods cannot be found after all reasonable attempts have been made, it may make an order relating to the payment by the supplier of the goods of the costs of, and any costs incidental to, the destruction of the goods.".
(3)In section 129A(3) of the Fair Trading Act 1999, after "in the application" insert "or to the person from whom the goods described in the application were seized".
10Orders to prohibit payment of money or transfer of other property
After section 154(1)(b) of the Fair Trading Act 1999 insert—
"(ba)an order prohibiting, either absolutely or subject to conditions, an ADI at which the relevant person holds an account from transferring, or allowing any person to withdraw, money standing to the credit of the account;".
11Findings in proceedings to be evidence
In section 157 of the Fair Trading Act 1999—
(a)after "proceeding" insert "against a person";
(b)for "149, 150" substitute "149, 149A, 150, 151A, 151B, 151C";
(c)for "of a provision" substitute "of, a provision".
12Orders against persons found to have contravened this Act
In section 158(2) of the Fair Trading Act 1999—
(a)in paragraph (g), for "person." substitute "person; or";
(b)after paragraph (g) insert—
"(h)an order declaring that the defendant has contravened a provision of this Act or the regulations.".
13Consumer documents to be clear
In section 163 of the Fair Trading Act 1999—
(a)in subsection (2), for "applies;" substitute "applies.";
(b)in subsection (4)—
(i)for "If the Tribunal" substitute "If a court or the Tribunal"; and
(ii)for "section, the Tribunal" substitute "section, the court or the Tribunal".
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PART 3—CONVEYANCERS ACT 2006
14Definitions
In section 3 of the Conveyancers Act 2006—
(a)insert the following definition—
"affairs of a licensee include the following—
(a)all accounts and records required under this Act or the regulations to be maintained by the licensee or an associate or former associate of the licensee;
(b)other records of the licensee or an associate or former associate of the licensee;
(c)any transaction—
(i)to which the licensee or an associate or former associate of the licensee was or is a party;
(ii)in which the licensee or an associate or former associate of the licensee has acted for a party;"
(b)the definition of registered education and training organisation is repealed.
15Eligibility for licence
For section 11(1)(d) of the Conveyancers Act 2006 substitute—
"(d)either—
(i)is covered by the professional indemnity insurance required under section 41; or
(ii)if the person is, or is to be, employed by a licensee, holds evidence of employment with, or an offer of employment from, the licensee and evidence that the person will be covered by the professional indemnity insurance required of the licensee under section 41; and".
16Section 12 substituted
For section 12 of the Conveyancers Act 2006 substitute—
"12 Competency qualifications and work experience
(1)An applicant for a licence has the competency qualifications and work experience required of a licensee under section 11(1)(b) if the applicant has the qualifications and experience prescribed by the regulations.
(2)Without limiting the power to prescribe qualifications and experience, regulations under subsection (1) may—
(a)require the completion of a course of study;
(b)require the completion of a period of training;
(c)require the attainment of a standard of competency;
(d)require satisfaction of professional development requirements;
(e)prescribe qualifications for specified competencies, so as to enable a person who has those qualifications to be granted a licence subject to conditions that limit the person to exercising the functions of a licensee in relation to those specified competencies only;
(f)prescribe qualifications by reference to qualifications obtained before a specific day or during a specified period.".
17Failure to comply with section 35
(1)In section 37(3) of the Conveyancers Act 2006 for "licensee's licence is suspended" substitute "Authority must suspend the licensee's licence".
(2)After section 37(3) of the Conveyancers Act 2006 insert—
"(4)A licensee's licence is cancelled on the next anniversary of the day on which the licence was granted if—
(a)the licence has been suspended under subsection (3); and
(b)section 35 has not been complied with and the late payment or lodgement fee has not been paid.".
18Section 38 substituted
For section 38 of the Conveyancers Act 2006 substitute—
"38 Change in details of licence or annual statement
If, while a licence is in force, a material change occurs in any of the details provided in the application for the licence or an annual statement, the licensee must give the Authority written notice of the change within 14 days after the licensee becomes aware of the change.
Penalty:60 penalty units.".
19New section 40A inserted
After section 40 of the Conveyancers Act 2006 insert—
"40A Surrender of licence
(1)Subject to subsection (2), a licensee may at any time by notice in writing to the Authority surrender the licence.
(2)If an application has been made to VCAT to conduct an inquiry under section 33 in relation to a licensee, the licensee may not, without leave of VCAT, surrender the licence unless VCAT has determined to take action under section 34 or has determined not to take any action.
(3)The person who held a licence that has been surrendered must return the licence to the Authority within 14 days of surrendering it.
Penalty: 10 penalty units.".
20Exemption from requirement to appoint manager
After section 52(2) of the Conveyancers Act 2006 insert—
"(3)An application under subsection (1) must be accompanied by the prescribed fee (if any).".
21Employment of disqualified persons
In section 56(1) of the Conveyancers Act 2006, after "person" insert "to undertake conveyancing work".
22Trust money and trust accounts
(1)In section 62(1) of the Conveyancers Act 2006—
(a)the definition of affairs is repealed;
(b)in the definition of controlled money account omit "approved".
(2)In section 70(1) of the Conveyancers Act 2006, for "ensure that trust money is not withdrawn" substitute "not withdraw trust money".
(3)After section 70(1) of the Conveyancers Act 2006 insert—
"(1A)Without limiting subsection (1), the following are specifically prohibited—
(a)cash withdrawals;
(b)automatic teller machine withdrawals or transfers;
(c)telephone banking withdrawals or transfers.".
(4)In section 72(1) of the Conveyancers Act 2006, for "ensure that controlled money is not withdrawn" substitute "not withdraw controlled money".
(5)After section 72(1) of the Conveyancers Act 2006 insert—
"(1A)Without limiting subsection (1), the following are specifically prohibited—
(a)cash withdrawals;
(b)automatic teller machine withdrawals or transfers;
(c)telephone banking withdrawals or transfers.".
23New section 73A inserted
After section 73 of the Conveyancers Act 2006 insert—
"73A Trust money subject to specific powers
Subject to section 74, a licensee must ensure that trust money that is the subject of a power given to the licensee or an associate of the licensee is dealt with by the licensee or associate only in accordance with the power relating to the money.
Penalty:120 penalty units.".
24Trust money received in the form of cash
(1)For section 74(1) of the Conveyancers Act 2006 substitute—
"(1)A licensee must deposit general trust money received in the form of cash in a general trust account of the licensee concerned.
Penalty:120 penalty units.".
(2)For section 74(4) of the Conveyancers Act 2006 substitute—
"(4)A licensee must deposit transit money received in the form of cash in a general trust account of the licensee before the money is otherwise dealt with in accordance with the instructions relating to the money.
Penalty:120 penalty units.
(4A)A licensee must deposit trust money that is received in the form of cash and is the subject of a power in a general trust account (or a controlled money account in the case of controlled money) of the licensee before the money is otherwise dealt with in accordance with the power.
Penalty:120 penalty units.".
(3)In section 74(5) of the Conveyancers Act 2006, for "or instruction" substitute ", instruction or power".
(4)In section 74(6) of the Conveyancers Act 2006, in the definition of general trust money—
(a)in paragraph (b), for "money." substitute "money; and";
(b)after paragraph (b) insert—
"(c)money that is the subject of a power.".
25Intermixing money
(1)In section 76 of the Conveyancers Act 2006, for "as authorised by the regulations" substitute
"in accordance with subsection (2)".
(2)At the end of section 76 of the Conveyancers Act 2006 insert—
"(2)A licensee is permitted to mix trust money with other money to the extent only that is authorised by the Director and in accordance with any conditions imposed by the Director in relation to the authorisation.".
26Disclosure of information generally
(1)After section 88(b) of the Conveyancers Act 2006 insert—
"(ba)to the Director; or".
(2)At the end of section 88 of the Conveyancers Act 2006 insert—
"(2)If an approved auditor becomes aware of—
(a)a deficiency in any trust account or trust ledger account of a licensee; or
(b)a failure by a licensee to pay or deliver any trust money; or
(c)any other failure by a licensee to comply with this Act or the regulations—
the auditor must report the deficiency or failure to the Director as soon as practicable after becoming aware of it.
(3)The regulations may provide for the manner in which a report under subsection (2) is to be made and the information or material that is to be included in or to accompany the report.
(4)If an approved auditor forms the opinion that the trust records of a licensee are not being kept in a way that enables them to be conveniently and properly audited, the auditor must report that opinion to the Director as soon as practicable after forming the opinion.".
27Register of Licensed Conveyancers
(1)After section 178(1) of the Conveyancers Act 2006 insert—
"(1A)The purposes of the Register are—
(a)to record information about persons regulated by this Act;
(b)to record decisions by the Authority made under this Act;
(c)to make the information collected for the purposes of the Register available to the public;
(d)to enable the Director and the Authority to provide information to licensees and persons affected by this Act.".
(2)In section 178(2)(j)(ii) of the Conveyancers Act 2006, for "in charge at" substitute "appointed under section 51(2) for".
(3)After section 178(3) of the Conveyancers Act 2006 insert—
"(3A)The Authority must record in the Register a determination made under this Act.".
(4)For section 178(4) of the Conveyancers Act 2006 substitute—
"(4)A person may—
(a)search and take a copy of an extract from, or a copy of, the Register; and
(b)on the payment of the relevant prescribed fee, obtain a certified extract from, or a certified copy of, the Register.".
(5)After section 178(5) of the Conveyancers Act 2006 insert—
"(6)Subject to section 17A of the Business Licensing Authority Act 1998, the Authority may keep the Register in any form that it thinks fit.".
28New section 182A inserted
After section 182 of the Conveyancers Act 2006 insert—
"182A Registrar may waive fees
(1)The Registrar may, in a particular case or class of case—
(a)waive or reduce fees that would otherwise be payable under this Act; or
(b)refund, in whole or in part, fees paid under this Act.
(2)A refund under subsection (1)(b) is to be paid out of the Fund.".
29Application of Fair Trading Act 1999
(1)After section 183(2) of the Conveyancers Act 2006 insert—
"(2A)For the purposes of subsection (2), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair Trading Act 1999 were a reference to this Act.".
(2)In section 183(3)(b) of the Conveyancers Act 2006, for "or 150" substitute "150, 151A or 151B".
30Existing conveyancer may apply to Authority for provisional licence
In clause 6(1) of Schedule 1 to the Conveyancers Act 2006, before "person may" insert "natural".
31New clause 11A inserted in Schedule 1
After clause 11 of Schedule 1 to the Conveyancers Act 2006 insert—
"11A Restrictions on company licence
(1)The licence of a company that does not have at least one director who is a full licensee but has at least one director who is a provisional licensee is subject to the condition that the conveyancing work carried out by the licensee is limited to conveyancing work within the meaning of section 7.1.1 of the Legal Profession Act 2004.
(2)If a licensee that is a company ceases to have at least one director who is a full licensee but has at least one director who is a provisional licensee, the company must immediately notify the Authority of those facts.
Penalty:1200 penalty units.
(3)The Authority—
(a)must ensure that the licence of a company referred to in subclause (1) is endorsed with the condition set out in that subclause;
(b)must remove the endorsement on being satisfied that the company again has at least one director who is a full licensee;
(c)may require the licensee to give the licence to the Authority for the purpose specified in paragraph (a) or (b).
(4)The licensee must comply with a requirement of the Authority under subclause (3) within the time specified by the Authority.
Penalty:10 penalty units.".
32Consequential amendments
(1)After item 2.3 in Schedule 2 to the Conveyancers Act 2006 insert—
'2.4In section 53A(1)(b), after "2004)" insert
"or a licensee (within the meaning of the Conveyancers Act 2006)".'.
(2)After item 5.2 in Schedule 2 to the Conveyancers Act 2006 insert—
'5.2AIn section 15(1)(b), after "practitioner" insert "or conveyancer".'.
(3)After item 5.8 in Schedule 2 to the Conveyancers Act 2006 insert—
'5.9In section 34(1), after "practitioner" insert "or conveyancer".'.
33New item 6 inserted in Schedule 2
After item 5 of Schedule 2 to the Conveyancers Act 2006 insert—
'6 Transfer of Land Act 1958
6.1After section 127 insert—
"128 Contracts entered into before amendment of Seventh Schedule
(1)The Seventh Schedule as amended by the Conveyancers Act 2006 applies to contracts for the sale of land entered into on or after the commencement of item 6.6 of Schedule 2 to that Act.
(2)The Seventh Schedule as in force immediately before the commencement of item 6.6 of Schedule 2 to the Conveyancers Act 2006 continues to apply to contracts for the sale of land entered into before the commencement of that item.".
6.2In section 4(1) insert the following definition—
"conveyancer means a licensee under the Conveyancers Act 2006;"
6.3In section 52(2), after "practitioner" insert
", conveyancer".
6.4In section 82(2), after "practitioners" insert ", conveyancers".
6.5In section 110(3)(a), after "practitioner" (where twice occurring) insert
", conveyancer".
6.6In the Seventh Schedule—
(a)in clause 1, after "practitioner" (where twice occurring) insert
"or conveyancer";
(b)in clause 2, after "practitioner" (where twice occurring) insert
"or conveyancer";
(c)in clause 7 after "practitioner" insert "or conveyancer";
(d)in clause 13, after "practitioner" (where twice occurring) insert
"or conveyancer".'.
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PART 4—OTHER CONSUMER ACTS
34Consumer Credit (Victoria) Act 1995
After section 40 of the Consumer Credit (Victoria) Act 1995 insert—
"40A Incorporation of provisions of Fair Trading Act 1999
(1)Sections 146, 147, 148, 149, 149A, 150, 151, 151A, 151B, 151C, 152 and 153 of the Fair Trading Act 1999 extend and apply (with any necessary modifications) to this Act and the Consumer Credit (Victoria) Code as if a reference in any of those provisions to that Act were a reference to this Act or the Consumer Credit (Victoria) Code, as the case may be.
(2)For the purposes of subsection (1), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair Trading Act 1999 were a reference to this Act or the Consumer Credit (Victoria) Code, as the case may be.".
35Motor Car Traders Act 1986
After section 76(5) of the Motor Car Traders Act 1986 insert—
"(6)In this section loss means actual pecuniary loss but does not include future loss or consequential loss.
(7)The Committee may require an applicant to seek to recover a loss by other means of legal redress before allowing a claim.".
36Schedule
On the coming into operation of an item in the Schedule, the Act specified in the heading to that item is amended as set out in the item.
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PART 5—REPEAL
37Repeal of Act
This Act is repealed on 1 July 2009.
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SCHEDULE
Section 36
AMENDMENTS TO CONSUMER ACTS
1Associations Incorporation Act 1981
1.1In section 50C(1), for "sections 151A, 151B, 151C, 153 and" substitute "section".
1.2After section 50C(1) insert—
"(1A)For the purposes of subsection (1), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair Trading Act 1999 were a reference to this Act.".
1.3In section 50C(2)(b), for "or 150" substitute
", 150, 151A or 151B".
2Business Names Act 1962
2.1In section 29(1), for "sections 151A, 151B, 151C, 153 and" substitute "section".
2.2After section 29(1) insert—
"(1A)For the purposes of subsection (1), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair Trading Act 1999 were a reference to this Act.".
2.3In section 29(2)(b), for "or 150" substitute
", 150, 151A or 151B".
3Domestic Building Contracts Act 1995
3.1In section 124A(2), for "sections 151A, 151B, 151C, 153 and" substitute "section".
3.2After section 124A(2) insert—
"(2A)For the purposes of subsection (2), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair Trading Act 1999 were a reference to this Act.".
3.3In section 124A(3)(b), for "or 150" substitute
", 150, 151A or 151B".
4Estate Agents Act 1980
4.1In section 93A(1), for "sections 151A, 151B, 151C, 153 and" substitute "section".
4.2After section 93A(1) insert—
"(1A)For the purposes of subsection (1), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair Trading Act 1999 were a reference to this Act.".
4.3In section 93A(2)(b), for "or 150" substitute
", 150, 151A or 151B".
5Fundraising Appeals Act 1998
5.1In section 68(1), omit "(except sections 151A, 151B, 151C and 153)".
5.2After section 68(1) insert—
"(1A)For the purposes of subsection (1), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair Trading Act 1999 were a reference to this Act.".
5.3In section 68(2)(b), for "or 150" substitute
", 150, 151A or 151B".
6Funerals Act 2006
6.1After section 54(1) insert—
"(1A)For the purposes of subsection (1), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair Trading Act 1999 were a reference to this Act.".
6.2In section 54(2)(b), for "or 150" substitute
", 150, 151A or 151B".
7Funerals (Pre-Paid Money) Act 1993
7.1In section 17A(2), for "sections 151A, 151B, 151C, 153 and" substitute "section".
7.2After section 17A(2) insert—
"(2A)For the purposes of subsection (2), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair Trading Act 1999 were a reference to this Act.".
7.3In section 17A(3)(b), for "or 150" substitute
", 150, 151A or 151B".
8Introduction Agents Act 1997
8.1In section 69(1), for "sections 151A, 151B, 151C, 153 and" substitute "section".
8.2After section 69(1) insert—
"(1A)For the purposes of subsection (1), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair Trading Act 1999 were a reference to this Act.".
8.3In section 69(2)(b), for "or 150" substitute
", 150, 151A or 151B".
9Motor Car Traders Act 1986
9.1In section 82I(1), for "sections 151A, 151B, 151C, 153 and" substitute "section".
9.2After section 82I(1) insert—
"(1A)For the purposes of subsection (1), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair Trading Act 1999 were a reference to this Act.".
9.3In section 82I(2)(b), for "or 150" substitute
", 150, 151A or 151B".
10Petroleum Products (Terminal Gate Pricing) Act 2000
10.1In section 11(2), for "sections 151A, 151B, 151C, 153 and" substitute "section".
10.2After section 11(2) insert—
"(2A)For the purposes of subsection (2), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair Trading Act 1999 were a reference to this Act.".
10.3In section 11(3)(b), for "or 150" substitute
", 150, 151A or 151B".
11Prostitution Control Act 1994
11.1In section 86A(1), for "sections 151A, 151B, 151C, 153 and" substitute "section".
11.2After section 86A(1) insert—
"(1A)For the purposes of subsection (1), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair Trading Act 1999 were a reference to this Act.".
11.3In section 86A(2)(b), for "or 150" substitute
", 150, 151A or 151B".
12Residential Tenancies Act 1997
12.1In section 507A(2), for "sections 151A, 151B, 151C, 153 and" substitute "section".
12.2After section 507A(2) insert—
"(2A)For the purposes of subsection (2), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair Trading Act 1999 were a reference to this Act.".
12.3In section 507A(3)(b), for "or 150" substitute
", 150, 151A or 151B".
13Sale of Land Act 1962
13.1In section 48A(1), for "sections 151A, 151B, 151C, 153 and" substitute "section".
13.2After section 48A(1) insert—
"(1A)For the purposes of subsection (1), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair Trading Act 1999 were a reference to this Act.".
13.3In section 48A(2)(b), for "or 150" substitute
", 150, 151A or 151B".
14Second-Hand Dealers and Pawnbrokers Act 1989
14.1In section 30(1), for "sections 151A, 151B, 151C, 153 and" substitute "section".
14.2After section 30(1) insert—
"(1A)For the purposes of subsection (1), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair Trading Act 1999 were a reference to this Act.".
14.3In section 30(2)(b), for "or 150" substitute
", 150, 151A or 151B".
15Travel Agents Act 1986
15.1In section 44(1), for "sections 151A, 151B, 151C, 153 and" substitute "section".
15.2After section 44(1) insert—
"(1A)For the purposes of subsection (1), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair Trading Act 1999 were a reference to this Act.".
15.3In section 44(2)(b), for "or 150" substitute
", 150, 151A or 151B".
16Utility Meters (Metrological Controls) Act 2002
16.1In section 63(1), for "sections 151A, 151B, 151C, 153 and" substitute "section".
16.2After section 63(1) insert—
"(1A)For the purposes of subsection (1), section 153 of the Fair Trading Act 1999 applies as if a reference in that section to Part 2, 2A, 2B, 3, 4, 5 or 6 of the Fair Trading Act 1999 were a reference to this Act.".
16.3In section 63(2)(b), for "or 150" substitute
", 150, 151A or 151B".
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ENDNOTES
Minister's second reading speech—
Legislative Assembly: 19 April 2007
Legislative Council: 3 May 2007
The long title for the Bill for this Act was "A Bill for an Act to amend the Fair Trading Act 1999, the Conveyancers Act 2006, the Motor Car Traders Act 1986, the Consumer Credit (Victoria) Act 1995 and several other Consumer Acts and for other purposes."
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