CONSUMER AFFAIRS AND FAIR TRADING AMENDMENT (NATIONAL UNIFORM LEGISLATION) BILL 2010

Serial 132
Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Bill 2010
Ms Lawrie

A Bill for an Act to amend the Consumer Affairs and Fair Trading Act to apply as a law of the Territory a national law relating to consumer protection and unfair or undesirable trade practices, to provide for the implementation of that law, and for related purposes

CONSUMER AFFAIRS AND FAIR TRADING AMENDMENT (NATIONAL UNIFORM LEGISLATION) ACT 2010

5B Reference to this Act includes Australian Consumer Law (NT)
18 Authorised officers
Part 4 Australian Consumer Law

29 Meaning of regulator in Australian Consumer Law for purposes of this jurisdiction

Part 5 Provisions supporting application of Australian Consumer Law in Territory

46 Application of Australian Consumer Law (NT) to bills for legal services under Legal Profession Act

47 Compliance with standard for supply of electrical appliance
336 Protection from liability
Part 16 Repeals and transitional matters
2 Commencement
10 Transfer of matters arising under certain provisions of the Australian Consumer Law applying as a law of the Commonwealth

16 Transitional matters for Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010

An Act to amend the Consumer Affairs and Fair Trading Act to apply as a law of the Territory a national law relating to consumer protection and unfair or undesirable trade practices, to provide for the implementation of that law, and for related purposes

This Act may be cited as the Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010.

An Act to make provision with respect to consumer protection and certain unfair or undesirable trade practices, to apply the Australian Consumer Law as a law of the Territory, and for related purposes

Sections 4 and 5 do not apply for the interpretation or operation of the Australian Consumer Law (NT).

To avoid doubt, a reference in this Act to this Act is taken to include a reference to the Australian Consumer Law (NT).

(1) The Commissioner must give to the Minister annually a report on the Commissioner's activities.

(2) The report must include an account of the operation of Parts 10 and 11 during the year to which it relates.

(4) The Minister must table a copy of the report in the Legislative Assembly within 6 sitting days after the Minister receives the report.

(3) The Commissioner may, in writing, appoint a person to be an authorised officer for this Act.

(4) An authorised officer is, in the exercise of the officer's powers, subject to the direction of the Commissioner.

in circumstances constituting an offence against section 197(1) of the Australian Consumer Law (NT); and

(a) a 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.

(b) the Australian Consumer Law text, applying as a law of a participating jurisdiction, either with or without modifications.

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

(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 made on 2 July 2009 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 for the time being.

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

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.

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

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

(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.

(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 27 if the modification is declared by regulation to be excluded from the operation of that section.

(2) A regulation under subsection (1) has effect only if its making is notified no later than 2 months after the date of the modification.

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

(4) For 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 (Cth).

29 Meaning of regulator in Australian Consumer Law for purposes of this jurisdiction

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

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

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

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

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

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

(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.

(1) This section has effect for 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 from time to time 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.

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

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.

(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 Part, 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.

(1) For sections 35 and 36, the following do not amount to carrying on a business:

(b) granting, refusing to grant, revoking, suspending or varying authorisations (whether or not they are subject to conditions);

(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

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

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

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

(2) Subsection (1) does not limit the things that do not amount to carrying on a business for sections 35 and 36.

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.

(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.

(1) The authorities and officers of the Commonwealth referred to in the Australian Consumer Law (NT) have the functions and powers conferred or expressed to be conferred on them under the Australian Consumer Law (NT).

(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.

(1) An offender is not liable to be punished for an offence against the Australian Consumer Law (NT) if:

(a) an act or omission is an offence against the Australian Consumer Law (NT) and 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.

(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 a pecuniary penalty under the Australian Consumer Law (NT) in respect of the same conduct.

Part 5 Provisions supporting application of Australian Consumer Law in Territory

(1) Part IIAA of the Criminal Code applies to an offence against the Australian Consumer Law (NT).

Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

(2) However, the following provisions of the Criminal Code do not apply to an offence against the Australian Consumer Law (NT):

Section 207 of the Australian Consumer Law (NT) provides a mistake of fact defence for offences under Chapter 4 of that Law.

(1) In an action against a person under section 236(1) of the Australian Consumer Law (NT), or in proceedings for an order against a person under section 237(1) or 239(1) of the Australian Consumer Law (NT):

(a) a finding of a fact by a court to which subsection (2) applies is evidence of that fact; and

(b) the finding may be proved by production of a document under the seal of the court from which the finding appears.

(2) This subsection applies to a finding of a fact by a court that is made in proceedings under section 228, 232, 246, 247 or 248 of the Australian Consumer Law (NT), or for an offence against a provision of Chapter 4 of the Australian Consumer Law (NT), in which the person has been found:

(a) to have contravened a provision of Chapter 2, 3 or 4 of the Australian Consumer Law (NT); or

(d) to have induced, or attempted to induce, a person, whether by threats or promises or otherwise, to contravene such a provision; or

(e) to have been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or

(1) If, in a proceeding under this Part or the Australian Consumer Law (NT), it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:

(a) that the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and

(2) Any of the following conduct that is engaged in on behalf of a body corporate is taken, for this Part and the Australian Consumer Law (NT), to have been engaged in also by the body corporate:

(a) conduct engaged in by a director, employee or agent of the body corporate within the scope of the actual or apparent authority of the director, employee or agent;

(i) the conduct is engaged in at the direction or with the consent or agreement (whether express or implied) of a director, employee or agent of the body corporate; and

(ii) the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the director, employee or agent.

(1) If, in a proceeding under this Part or the Australian Consumer Law (NT), it is necessary to establish the state of mind of a person other than a body corporate (the principal) in relation to particular conduct, it is sufficient to show:

(a) that the conduct was engaged in by an employee or agent of the principal within the scope of his or her actual or apparent authority; and

(2) Any of the following conduct that is engaged in on behalf of a person other than a body corporate (the principal) is taken, for this Part and the Australian Consumer Law (NT), to have been engaged in also by the principal:

(a) conduct engaged in by an employee or agent of the principal within the scope of the actual or apparent authority of the employee or agent;

(i) the conduct is engaged in at the direction or with the consent or agreement (whether express or implied) of an employee or agent of the principal; and

(ii) the giving of the direction, consent or agreement is within the scope of the actual or apparent authority of the employee or agent.

(3) However, an individual is not liable to be punished by imprisonment for an offence if:

(a) subsection (1) or (2) applied in relation to the conviction for the offence on the basis that the individual was the principal mentioned in the subsection; and

(b) the individual would not have been convicted of the offence if the subsection had not been enacted.

(1) A court may, on the application of the Minister or Commissioner, make an order or orders mentioned in subsection (3) if:

(a) proceedings of a kind mentioned in subsection (2) have been taken against a person, or proceedings of a kind mentioned in subsection (2)(d) may be taken against a person; and

(b) the court is satisfied it is necessary or desirable to make the order or orders for the purpose of preserving money or other property held by, or on behalf of, the person if the person is liable, or may become liable, under the Australian Consumer Law (NT):

(i) to pay money by way of a fine, damages, compensation, refund or otherwise; or

(c) the court is satisfied the making of such an order or orders will not unduly prejudice the rights and interests of any other person.

(2) For subsection (1)(a), the kinds of proceedings taken against the person are:

(a) proceedings against the person for an offence against a provision of Chapter 4 of the Australian Consumer Law (NT); or

(b) an application under section 232 of the Australian Consumer Law (NT) for an injunction against the person in relation to:

(i) a contravention of a provision of Chapter 2, 3 or 4 of the Australian Consumer Law (NT); or

(ii) a term of a consumer contract in relation to which a declaration under section 250 of the Australian Consumer Law (NT) has been made; or

(c) an action under section 236(1) of the Australian Consumer Law (NT) against the person in relation to a contravention of a provision of Part 2-1 or Chapter 3 of the Australian Consumer Law (NT); or

(d) an application for an order under section 237(1) or 239(1) of the Australian Consumer Law (NT) against a person in relation to:

(i) a contravention of a provision of Chapter 2, 3 or 4 of the Australian Consumer Law (NT); or

(ii) a term of a consumer contract in relation to which a declaration under section 250 of the Australian Consumer Law (NT) has been made.

(3) The court may make the following orders under subsection (1) in relation to money or other property held by, or on behalf of, a person (the respondent):

(a) an order prohibiting, either absolutely or subject to conditions, a person who is indebted to the respondent, or to an associate of the respondent, from making a payment, in total or partial discharge of the debt:

(b) an order prohibiting, either absolutely or subject to conditions, a person who is holding money or other property on behalf of the respondent, or on behalf of an associate of the respondent:

(i) from paying all or any of the money to the respondent, or to another person at the direction or request of the respondent; or

(ii) from transferring the other property to the respondent, or to another person at the direction or request of the respondent, or otherwise parting with possession of that property;

(c) an order prohibiting, either absolutely or subject to conditions, the taking or sending by any person of money of the respondent, or of an associate of the respondent, to a place outside the Territory;

(d) an order prohibiting, either absolutely or subject to conditions, the taking, sending or transfer by any person of other property of the respondent, or of an associate of the respondent, to a place outside the Territory;

(e) if the respondent is an individual – an order appointing a receiver or trustee of the property, or part of the property, of the respondent with such powers as are specified in the order.

(a) for the period specified in the order, which must not be longer than 30 days if the order is made in the absence of the person against whom it is sought; or

(b) if proceedings in relation to which the order is made are concluded before the end of that period – until the conclusion of those proceedings.

(5) A person must not engage in conduct that results in a contravention of an order made under this section.

(a) a person holding money or other property on behalf of the relevant person; or

(b) if the relevant person is a body corporate – a wholly owned subsidiary (as defined in the Corporations Act 2001) of the relevant person.

46 Application of Australian Consumer Law (NT) to bills for legal services under Legal Profession Act

(a) apart from this section, under section 101 of the Australian Consumer Law (NT) a person is entitled, as a consumer, to request the supplier of legal services to give the consumer an itemised bill, complying with that section, relating to the legal services; and

(b) under section 327 of the Legal Profession Act, the person is entitled to request a law practice to give the person an itemised bill relating to the legal services.

(2) Section 101 of the Australian Consumer Law (NT) ceases to apply to the legal services.

(1) A person must not, in trade or commerce, supply an electrical appliance that is intended to be used, or is likely to be used, by a consumer, unless the person has complied with the standard prescribed by regulation.

(2) Subsection (1) does not apply to an electrical appliance that has been used before sale unless the use was only for testing or demonstration purposes.

(3) If an information standard is made under section 134 or 135 of the Australian Consumer Law (NT) for an electrical appliance, this section ceases to apply to the electrical appliance on and from the date the information standard comes into force.

all or any of the provisions of Part 3-2, Division 1, Subdivision B of the Australian Consumer Law (NT)

failure to comply with a guarantee under that Subdivision in relation to the supply of the recreational services under the contract;

(1) A person is not civilly or criminally liable for an act done or omitted to be done by the person in good faith in the exercise of a power or performance of a function as any of the following:

(d) a person otherwise employed or engaged in, or in connection with, the administration or enforcement of this Act.

(2) Subsection (1) does not affect any liability the Territory would, apart from that subsection, have for the act or omission.

(3) This section has effect subject to Part VIIA of the Police Administration Act to the extent it relates to the civil liability of a person who is or has been a police officer.

performance, of a function, includes the purported performance of the function.

Part 1 Transitional matters for period before Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010

Part 2 Transitional matters for Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010

amendment Act means the Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010.

new Act means the Consumer Affairs and Fair Trading Act as in force immediately after the commencement.

old Act means the Consumer Affairs and Fair Trading Act as in force immediately before the commencement.

A person who, immediately before the commencement, was an authorised officer for the purposes of a Part of the old Act is taken to be an authorised officer for the same Part of the new Act.

(1) The old Act continues to apply to or in relation to any proceedings under or in relation to the old Act that were commenced, but not concluded, before the commencement.

(2) However, to the extent any such proceedings are proceedings for an injunction under section 89 of the old Act, the proceedings are taken, after the commencement, to be proceedings for an injunction under section 232 of the Australian Consumer Law (NT).

5 Sale price of motor vehicle partly recoverable if certain offence committed

(a) before or after the commencement, a person is found guilty of an offence consisting of a contravention of section 44 of the old Act committed by falsely stating:

(b) a person (the purchaser) purchased the motor vehicle relying on the statement; and

(2) The purchaser may apply to the Commissioner for an order under section 162(2).

(1) Part 2-3 of the Australian Consumer Law (NT) applies to a contract entered into on or after the commencement.

(2) If an old contract is renewed on or after the commencement, Part 2-3 of the Australian Consumer Law (NT) applies to the contract on and from the day on which the renewal takes effect, in relation to conduct that occurs on or after that day.

(3) If a term of an old contract (to which subparagraph (2) has not already applied) is varied on or after the commencement:

(a) Part 2-3 of the Australian Consumer Law (NT) applies to the term as varied on and from the day on which the variation takes effect, in relation to conduct that occurs on or after that day; and

(b) sections 23(2) and 27 of the Australian Consumer Law (NT) apply to the contract.

Section 101 of the Australian Consumer Law (NT) does not apply in relation to a supply of services to the extent the services were supplied before the commencement.

The reference in section 224(2)(c) of the Australian Consumer Law (NT) to proceedings under Chapter 4 or Part 5-2 of the Australian Consumer Law (NT) includes a reference to proceedings, commenced before the commencement, under or in relation to:

(b) to otherwise allow or facilitate the transition from the operation of the old Act to the new Act.

(2) The regulation may have retrospective operation to a day not earlier than the day of commencement.

(3) However, to the extent to which the regulation has retrospective operation, it does not operate to the disadvantage of a person (other than the Territory or a Territory authority) by:

(5) This paragraph, and each regulation made under it, expires 1 year after the commencement.

Part 3 Consequential amendments of other laws
25 Consumer Affairs and Fair Trading Amendment Act 2006 amended

(1) This section amends the Consumer Affairs and Fair Trading Amendment Act 2006.

This Act commences on the day on which, but immediately after, section 25 of the Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010 commences.

26 Consumer Affairs and Fair Trading Amendment Regulations (No. 2) 2006 amended

(1) This section amends the Consumer Affairs and Fair Trading Amendment Regulations (No. 2) 2006.

27 Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations amended

(1) This section amends the Consumer Affairs and Fair Trading (Motor Vehicle Dealers) Regulations.

the purposes of section 71 of the Trade Practices Act and section 64 of the Consumer Affairs and Fair Trading Act

section 54 of the Australian Consumer Law (NT) and section 54 of Schedule 2 of the Competition and Consumer Act 2010 (Cth), applying as a law of the Commonwealth,

10 Transfer of matters arising under certain provisions of the Australian Consumer Law applying as a law of the Commonwealth

(a) a proceeding is pending in the Federal Court, Family Court, Supreme Court or Supreme Court of another State or a Territory; and

(b) a matter for determination in the proceeding is a matter arising under any of the following provisions of Schedule 2 of the Competition and Consumer Act 2010 (Cth), applying as a law of the Commonwealth:

(d) the proceeding is not a proceeding by way of an appeal from a judgment of a court; and

(e) a court of the State, other than the Supreme Court, has jurisdiction in respect of all matters for determination in the proceeding.

(2) The court mentioned in subsection (1)(a) may, on the application of a party to the proceeding or of its own motion, transfer the proceeding to the court mentioned in subsection (1)(e).

16 Transitional matters for Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010

(a) a proceeding is pending in the Federal Court, Family Court, Supreme Court or Supreme Court of another State or a Territory; and

(b) a matter for determination in the proceeding is a matter arising under Part V, Division 1 or 1A of the Trade Practices Act 1974 (Cth); and

(d) the proceeding is not a proceeding by way of an appeal from a judgment of a court; and

(e) a court of the State, other than the Supreme Court, has jurisdiction in respect of all matters for determination in the proceeding.

(2) The court mentioned in subsection (1)(a) may, on the application of a party to the proceeding or of its own motion, transfer the proceeding to the court mentioned in subsection (1)(e).

(e) a claim, in relation to the supply of certain goods, in relation to loss or damage in the nature of a personal injury that is mentioned in section 106, 107, 118, 127 or 136 of Schedule 2 of the Competition and Consumer Act 2010 (Cth) applying as a law of the Commonwealth or a State or Territory.

Provision	Amendment
	omit	insert
Part 1, heading, after "Preliminary"		matters
section 4(1), definitions *Council, product information standard, product safety standard, regulations* and *this Act*	whole definition
section 4(1)		(in alphabetical order) *application law, for Part 4, see section 25(1). Australian Consumer Law, for Part 4, see section 25(1). Australian Consumer Law (NT)* means the provisions applying because of Part 4 of this Act. *Australian Consumer Law text, for Part 4, see section 25(1). instrument, for Part 4, see section 25(1). Intergovernmental Agreement, for Part 4, see section 25(1). jurisdiction, for Part 4, see section 25(1). law, for Part 4, see section 25(1). modifications, for Part 4, see section 25(1). month, for Part 4, see section 25(1). participating jurisdiction, for Part 4, see section 25(1). State, for Part 4, see section 25(1). state of mind, of a person, includes a reference to: (a) the knowledge, intention, opinion, belief or purpose of the person; and (b) the person's reasons for the person's intention, opinion, belief or purpose. Territory, for Part 4, see section 25(1). this jurisdiction*, for Part 4, see section 25(1).
section 4(1), definition *authorized officer*	authorized	authorised
section 4(1), definition *consumer*	has the meaning given by	, see
section 4(1), definition *goods*, paragraphs (a) and (b), at the end		and
section 4(1), definition *officer*	has the same meaning as in	see
section 4(1), definition *services*, paragraphs (a)(i) and (iii) and (b), at the end		or
section 4(1), definition *services*, paragraph (d)	moneys,	moneys;
section 4(2)	, unless the contrary intention appears
section 4(2)(a) to (c) and (4)(a), at the end		and
section 4(3)	the purposes of
section 5(1)	all words from "In" to "person"	A *consumer* is a person
section 5(2)(b)	production,	production.
section 5(2)	all words after "and in"
Part 2, heading	and Council
section 8(2)(b)	Commissioner,	Commissioner;
section 8(4)(b)	particular,	particular;
section 9(1)	Public Service Commissioner within the meaning of	Commissioner for Public Employment constituted under
section 10(2)(a), at the end		and
section 10(2)(b)	all words after "include"	one or more public sector employees; and
section 10(4)(b)	all words from "an employee" to "Act"	a public sector employee
section 11(1)	All words from "(1) Subject" to "instrument"	The Commissioner may,
section 11(1)(a)	whole paragraph	(a) to a public sector employee; or
section 11(2) to (4)	whole subsection
section 20(1)	the purpose of the purposes of (all references)
section 20(1)(a)(i) and (iii), (b) and (ba), at the end		or
section 20(1)(d)	kept,	kept;
sections 22(2)(a) and 23(1)(a), (2)(a) and (4)(a), at the end		or
section 23(2)(c)	22(2),	22(2);
section 23(4)(c)	particular,	particular;
section 24(a), at the end		or
section 24(c)	22(2),	22(2);
section 114(1)	, unless the contrary intention appears
section 114(1), definition *prescribed benefit*, paragraph (a), at the end		or
section 114(2)	the purposes of
section 117(b)	business,	business;
section 118(1)(a), at the end		and
section 120(1)(b)	trader,	trader;
section 121(b)	, or fails to comply with,
section 121(b) and (c), at the end		or
section 121(e)	pretences,	pretences;
section 122(2)(b)	reports,	reports;
section 122(4)	, or fails to comply with,
sections 123(2) and 124(2) and (3)	notice in the Gazette	Gazette notice
section 124A(1)(a), at the end		or
section 125(1)	, unless the contrary intention appears
section 125(1), definitions dealer, paragraph (a) and *owner*, paragraph (a), at the end		or
section 125(1), definition *motor vehicle,* paragraph (b)	notice in the Gazette	Gazette notice
section 125(1), definition *owner*, paragraph (c)	lease,	lease;
section 125(2)(a) and (d), at the end		or
section 125(2)(c)	use,	use;
section 126(2)(b)	vehicle,	vehicle;
section 126(3)(b)	sold,	sold;
section 126(4)(b)	dealer,	dealer;
Part 10, Division 2, heading	, &c.	and breach of licence
section 130	shall not contravene or fail to comply with	must not contravene
section 132(5)(a), at the end		and
sections 136(1)(a) to (e) and (3)(a) and (b) and 137(1)(a) to (f) and (3)(a) and (b), at the end		or
section 139, heading	, appeals, &c.	and appeal
Part 10, Division 3, Subdivision B, heading	whole heading	Subdivision B Duration and operation of licence, annual fee and return
sections 140(a) and 141(7)(a), at the end		or
section 144(1)(b)	granted,	granted;
Part 10, Division 3, Subdivision C, heading	whole heading	Subdivision C Revocation, suspension and variation of licence
section 145(a), at the end		or
section 146(a), at the end		and
section 147, heading	directors, &c.,	management
sections 147(2)(a) to (c), 149(2)(a) and 150(2)(a), at the end		and
sections 150(3) and 153(1), penalty provision	Penalty:	Maximum penalty:
section 153(2)(b)	144(4),	144(4);
section 154, heading	whole heading	154 Issue of duplicate licence
sections 157(1) and (3) and 158(1), penalty provision	Penalty:	Maximum penalty:
section 158(1)(a) and (b), (2)(a) to (d), (3)(a) and (4)(a) to (c), at the end		and
section 159(3)(b)	particular,	particular;
sections 159(3), 160(1) and (7), 161(1) to (3), 163(1) and 164, penalty provision	Penalty:	Maximum penalty:
section 166(1)(b)	person,	person;
sections 166(1) and 167, penalty provision	Penalty:	Maximum penalty:
section 168(1)(b)	(2),	(2);
section 169(1)(a), at the end		or
section 169(2)(a) and (b), (3)(a) to (c) and (4)(a)(ii), at the end		and
section 169(4)(b)(ii) and (c)	member of the Police Force	police officer
section 170(1)(a), at the end		or
section 172(1)(b)	person,	person;
section 172(1) and (3), penalty provision	Penalty:	Maximum penalty:
section 172(2)(a) to (d), at the end		and
section 174(1), penalty provision	Penalty:	Maximum penalty:
section 174(2)(a), at the end		and
sections 175 and 176(1), penalty provision	Penalty:	Maximum penalty:
sections 176(2)(a) to (f) and 177(1)(a), at the end		and
section 178, penalty provision	Penalty:	Maximum penalty:
section 182	notice in the Gazette	Gazette notice
section 183	or failing to comply with
section 184(3)(a) to (g), at the end		and
section 185	, unless the contrary intention appears
section 186(2)(a) and (b), at the end		or
section 188A(1)(b)	agent,	agent;
section 190(3)(a)(ii) and (b) to (g) and (g)(i) and (ii), at the end		and
section 190(3)(g)(iv)	director,	director;
section 190(3C)(a), at the end		and
sections 190(7)(a) and 193(2)(a) to (d), (3)(a) to (d), (4)(a) to (g) and (5)(a) to (d), at the end		or
section 193(9)(b)	relates,	relates;
section 194(1)(a), at the end		and
section 194(5)(b)	business,	business;
section 195(1)(a) and (b), at the end		and
section 195(6)	shall not contravene or fail to comply with	must not contravene
section 197(a), at the end		or
section 202, heading	whole heading	202 Issue of duplicate licence
section 203(1)(b)	granted,	granted;
section 204(1)(a) to (k), at the end		or
section 204(1)(n)	licence,	licence;
section 204(6)(b)	205,	205;
section 206(1)(a), at the end		or
section 206(1)(c)	subject,	subject;
section 206(3)(b)	conduct,	conduct;
section 207(1)(b)	corporate,	corporate;
section 208(b)	subject,	subject;
section 212(2)(a), at the end		and
sections 214(1)(a) and (b) and 215(a) and (b), at the end		or
section 216(1)(a)(i), at the end		and
section 216(1)(a)(iii)	conduct,	conduct;
section 216(2)(b)	218(1),	218(1);
section 218, heading	, &c.,
section 218(3)(b)	corporate,	corporate;
section 225(a) and (b), at the end		and
section 238, heading	(former S 226)
section 238(2)(a) and (3)	organizations	organisations
section 239, heading	(former S 227)
section 240, heading	(former s 228)
section 240(1)(a), at the end		and
section 240(1)(c)	contravention,	contravention;
section 241, heading	(former S 229)
section 242, heading	(former s 230)
section 242(1)(b)	prohibited,	prohibited;
section 242(4)(b)	management,	management;
section 242(7)	or fails to comply with
section 243, heading	(former S 231)
section 244(1)	, unless the contrary intention appears
section 245(a), at the end		or
section 249, heading	, &c.
section 251(4)(a), at the end		and
section 252(4)(b)	corporate,	corporate;
section 253(1)(a) to (c), at the end		or
section 253(1)(e)	circumstances,	circumstances;
section 254(a)(i) and (ii), at the end		or
section 254(a)(iv) and (b)(i) and (iii), at the end		and
section 254(b)(iii)	authorized	authorised
section 259(a) to (d), (e)(ii), (f), (g), (h)(ii), (j), (k)(ii), (m) to (q) and (r)(ii), at the end		and
section 259(n)(ii)	application,	application;
section 260(a), at the end		and
section 260(b)	, or failed to comply with
sections 260(b)(ii) and 264(3)(b)	subject,	subject;
section 267(1)(a), at the end		or
section 267(2)(b)	, or failed to comply with
section 267(3)(a), at the end		and
section 269(1)(a) to (c), at the end		or
section 269(1)(e)	licence,	licence;
section 269(4)(a), at the end		and
section 269(4)(c)	Court,	Court;
section 271(b)	appeal,	appeal;
section 272(1)(a)(i) and (4)(a), at the end		or
section 272(1)(a)(iii)	permanently,	permanently;
section 272(4)(c)	licence,	licence;
section 273(b)	Court,	Court;
section 274(b)	be,	be;
section 275(1)(c)(i), at the end		and
section 277(1)(b)(i), at the end		or
sections 280(2)(b)(i) and 283(3)(a) and (4)(a), at the end		and
section 283(3)(c) and (4)(c)	months,	months;
section 283(6) and (6)(b)	authorized	authorised
section 286(1)(a)(ii), at the end		and
section 288(1)(a)(ii)	parties,	parties;
section 290(a), at the end		and
section 291(1)(a) to (d), at the end		or
section 291(1)(d) and (e) and (2)	member of the Police Force	police officer
section 294(2)(a) and (b), at the end		or
section 294(2)(d)	(c),	(c);
section 296(1)(b)	party,	party;
section 301(2)(b)	contract,	contract;
section 304(b)	goods,	goods;
section 305, heading	, &c.,	and remedies
section 306(a), at the end		and
section 311(1) to (3)	member of the Police Force	police officer
section 311(3)(a) to (d), at the end		and
section 311(3)(d)(ii)	receptacle,	receptacle;
section 312(1)	member of the Police Force	police officer
sections 312(1)(a) and 313(1)(a), at the end		and
sections 313(1) and 314(1)	member of the Police Force	police officer
section 314(2)(b)	given,	given;
section 315(a) and (b)	member of the Police Force	police officer
section 316(b)	time,	time;
section 317(1)	member of the Police Force	police officer
section 318(1)(b)	dealer,	dealer;
section 319(1) to (5)	member of the Police Force (all references)	police officer
section 319(5)(b)	determined,	determined;
section 320, heading	, &c.,	and others
section 321, heading	where goods stolen, pawned, &c.	if stolen goods pawned, sold or exchanged
section 321(3)(b) and (4)(b)	Court,	Court;
section 322(3)(b)	fit,	fit;
section 323(1)	member of the Police Force	police officer
section 323(1)(b)(ii)	dealer,	dealer;
section 323(3)(b)	fit,	fit;
section 325(1)(b)	corporate,	corporate;
section 328(2)(a) and (b), at the end		or
section 329	authorized	authorised
section 329(a), at the end		and
section 330	(former S 232)
section 333, heading	(former S 233)
section 334, heading	notices, &c. (former S 234)	documents
section 334(2)(a) and (b) and (3)(a) and (b), at the end		or
section 334(2)(c) and (3)(c)	authorized	authorised
section 334(4)(a)	authorizes	authorises
section 334(4)(b)	authorize	authorise
section 335, heading	(former s 235)
section 335(1)(a) and (b), at the end		or
section 335(2)	authorized	authorised
section 337, heading	(former S 236A)
section 337(2)	notice in the Gazette	Gazette notice
section 337(2)(a), at the end		or
section 338, heading	(former s 237)
section 338(1) and (2)	whole subsection	(1) The Administrator may make regulations under this Act.
section 338A, heading	whole heading	*338A Authorisation for purposes of Competition and Consumer Act 2010* (Cth)**
section 338A(1) and (2)	Trade Practices Act 1974 of the Commonwealth	Competition and Consumer Act 2010 (Cth)
section 339, heading	(former S 238)
section 340, heading	(former S 239)

Provision	Amendment
	omit	insert
*Agents Licensing Act*
section 93(2)(c)	Board; and	Board.
section 93(2)(d)	whole paragraph
*Agents Licensing Regulations*
regulation 24A(a)	Trade Practices Act 1974 of the Commonwealth	Competition and Consumer Act 2010 (Cth)
regulation 24A(c)	whole paragraph
*AustralAsia Railway (Third Party Access) Act*
section 8 and Schedule, clauses 3(1), definition *corresponding access regime*, paragraphs (a)(i) to (iv), 3(5)(b), 21(2) and 50(1)(b)	Trade Practices Act 1974 of the Commonwealth	Competition and Consumer Act 2010 (Cth)
*Business Tenancies (Fair Dealings) Act*
section 76, definition *applicable industry code* and *industry code*	whole definition
section 76		(in alphabetical order) *applicable industry code, see section 51ACA(1) of the Competition and Consumer Act 2010 (Cth). industry code*, see section 51ACA(1) of the Competition and Consumer Act 2010 (Cth).
*Competition Policy Reform (Northern Territory) Act*
section 3(1), definition *Trade Practices Act*	whole definition
section 3(1)		(in alphabetical order) *Competition and Consumer Act* means the Competition and Consumer Act 2010 (Cth).
section 3(1), definitions *Commission, Council, officer* and *Tribunal*	Trade Practices Act	Competition and Consumer Act
section 3(1), definition *Schedule version of Part IV*	Part 1 of the Schedule to the Trade Practices Act	Schedule 1, Part 1 of the Competition and Consumer Act
sections 3(2), 4(1)(b) and (c), 8(6), 27(1), (2) and (4), 34(1)(a) and (b) and (2) and 35	Trade Practices Act	Competition and Consumer Act
section 39, heading	Trade Practices Act	Competition and Consumer Act
sections 39 and 42(2)	Trade Practices Act	Competition and Consumer Act
*Consumer Affairs and Fair Trading (Tow Truck Operators Code of Practice) Regulations*
Schedule, clause 5(2)(b)	whole paragraph
Schedule, clause 7(2)(a)	the Consumer Affairs Council,
*Electricity Networks (Third Party Access) Act*
Schedule, Part 1, clause 2(1)	Trade Practices Act 1974 of the Commonwealth	Competition and Consumer Act 2010 (Cth)
*Electricity Reform Act*
section 111(4)	Trade Practices Act 1974 of the Commonwealth	Competition and Consumer Act 2010 (Cth)
*Liquor Act*
section 33A, definitions *credit card* and *debit card*	whole definition
section 33A		(in alphabetical order) *Australian Consumer Law (NT)* means the provisions applying as a law of the Territory because of Part 4 of the Consumer Affairs and Fair Trading Act. *credit card, see section 39(5) of the Australian Consumer Law (NT). debit card*, see section 39(6) of the Australian Consumer Law (NT).
section 120C(3) and (4)	Trade Practices Act 1974	Competition and Consumer Act 2010
*Proportionate Liability Act 2005*
section 4(2)(b)	whole paragraph	(b) a claim in respect of loss or damage arising from a contravention of section 18 of the Australian Consumer Law (NT).
section 4(3)(b)	whole paragraph	(b) a claim arising from a contravention of Part 3-3 or 3-4 of the Australian Consumer Law (NT);
after section 4(4)		(5) In this section: *Australian Consumer Law (NT)* means the provisions applying as a law of the Territory because of Part 4 of the Consumer Affairs and Fair Trading Act.
*Uncollected Goods Act*
section 9(1)(b)	section 59 of the Consumer Affairs and Fair Trading Act	section 41 of the Australian Consumer Law (NT)
after section 9(2)		(3) In this section: *Australian Consumer Law (NT)* means the provisions applying as a law of the Territory because of Part 4 of the Consumer Affairs and Fair Trading Act.
*Water Supply and Sewerage Services Act*
section 118(4)	Trade Practices Act 1974 of the Commonwealth	Competition and Consumer Act 2010 (Cth)
*Year 2000 Information Disclosure Act 1999*
section 9(6) and (7)	Trade Practices Act 1974 of the Commonwealth (all references)	Competition and Consumer Act 2010 (Cth)

Consumer Affairs and Fair Trading (Door-to-Door Trading) Regulations	Subordinate Legislation No. 25 of 1992
Amendments of the Consumer Affairs and Fair Trading (Door-to-Door Trading) Regulations	Subordinate Legislation No. 39 of 1992
Consumer Affairs (Product Information) Regulations	Subordinate Legislation No. 37 of 1993
Consumer Affairs (Product Safety Standards) Regulations	Subordinate Legislation No. 57 of 2002

Northern Territory Bills

CONSUMER AFFAIRS AND FAIR TRADING AMENDMENT (NATIONAL UNIFORM LEGISLATION) BILL 2010