Untitled document

Fair Trading (Consumer Contracts) Act 2004

Act No. 42/2004

table of provisions

Section  Page

1.Purpose

2.Commencement

3.Application of Part 2B

4.Increase in threshold for telephone marketing agreements

5.Definition of "raffle", "lottery" and "ticket"

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Endnotes

Fair Trading (Consumer Contracts) Act 2004

[Assented to 16 June 2004]

The Parliament of Victoria enacts as follows:

1.Purpose

The main purpose of this Act is to amend the Fair Trading Act 1999—

(a)to allow the regulations to prescribe classes of consumer credit contracts to which Part 2B of the Act (Unfair Terms in Consumer Contracts) will apply; and

(b)to increase the threshold amount for the application of Division 2A of Part 4 of the Act (Telephone Marketing Agreements).

2.Commencement

(1)This Act (except sections 4 and 5) comes into operation on the day after the day on which it receives the Royal Assent.

(2)Sections 4 and 5 come into operation on 30 August 2004.

3.Application of Part 2B

In section 32V(a) of the Fair Trading Act 1999, after "contract" insert "(other than a contract in a prescribed class of contract)".

4.Increase in threshold for telephone marketing agreements

In section 67A(1)(d)(ii) of the Fair Trading Act 1999, for "$50" substitute "$100".

5.Definition of "raffle", "lottery" and "ticket"

In section 67H(7) of the Fair Trading Act 1999, for "section 3 of the Gaming No. 2 Act 1997" substitute "section 1.3 of the Gambling Regulation Act 2003".

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Endnotes

Minister's second reading speech—

Legislative Assembly: 12 May 2004

Legislative Council: 3 June 2004

The long title for the Bill for this Act was "to amend the Fair Trading Act 1999 in relation to the application of the unfair terms provisions and the telephone marketing provisions of that Act and for other purposes."