Competition and Consumer Regulations 2010

For paragraph 94(a) of the Australian Consumer Law, the following provisions of the Australian Consumer Law do not apply in relation to the circumstances specified in subregulation (2):

section 76;

paragraph 79(c);

paragraph 82(3)(a);

paragraph 82(3)(b);

paragraph 82(3)(d);

section 86;

section 173;

paragraph 175(1)(c);

section 179.

For subregulation (1), the circumstances are:

that as a result of an earthquake, fire, flood, storm or similar event a state of emergency has been declared under a law of the Commonwealth, a State or a Territory for an area in which a person’s property is located; and

the person enters into an agreement (an emergency repair contract) with a supplier of goods or services for urgent work to be undertaken to:

rectify a hazard or potential hazard on the person’s property; or

protect the health and safety of persons on the person’s property; or

prevent substantial damage to the person’s property; and

under a Commonwealth, State or Territory law for the area in which the person’s property is located, the supplier of goods or services under the emergency repair contract is required to hold a licence that is in force and the supplier holds the licence.