Australian Consumer Law (Tasmania) Act 2010

Australian Consumer Law (Tasmania) Act 2010

This Act may be cited as the Australian Consumer Law (Tasmania) Act 2010.

Parts 6 and 7 commence on the day on which this Act receives the Royal Assent.

The remaining provisions of this Act commence on a day or days to be proclaimed.

In this Act – code of practice means a code of practice in respect of fair trading in dealings – between a particular class of suppliers and consumers; or by a particular class of persons in relation to consumers;Director means the person holding the office of Director of Consumer Affairs under the Consumer Affairs Act 1988; related Act means an Act, or a provision of an Act, that is prescribed by the regulations to be a related Act.

For the avoidance of doubt, in this Act, unless the contrary intention appears, a reference to this Act includes a reference to the Australian Consumer Law (Tasmania).

Notes included in this Act do not form part of this Act.

In this Part, unless the contrary intention appears – application law means – 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 any regulations or other legislative instrument made under a law described in paragraph (a); or the Australian Consumer Law, applying as a law of the participating jurisdiction, either with or without modifications;Australian Consumer Law means (according to the context) – the Australian Consumer Law text; or the Australian Consumer Law text, applying as a law of a participating jurisdiction, either with or without modifications;Australian Consumer Law text means the text described in section 5; instrument means any document whatever, including the following:an Act or an instrument made under an Act; a law of this jurisdiction or an instrument made under such a law; an award or other industrial determination or order, or an industrial agreement; any other order (whether executive, judicial or otherwise); a notice, certificate or licence; an agreement; an application made, information or complaint laid, affidavit sworn, or warrant issued, for any purpose; an indictment, presentment, summons or writ; 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; jurisdiction means a State or the Commonwealth; law, in relation to a Territory, means a law of, or in force in, that Territory; modifications includes additions, omissions and substitutions; 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; proclamation means a proclamation of the Governor published on the Tasmanian legislation website;State includes a Territory;Territory means the Australian Capital Territory or the Northern Territory of Australia; this jurisdiction means Tasmania.

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

For the purposes of this Part – 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 that corresponding law is taken to be the Australian Consumer Law, or the Australian Consumer Law text, applying as a law of that jurisdiction.

consists of –

Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth; and the regulations under section 139G of that Act.

The Australian Consumer Law text, as in force from time to time – applies as a law of this jurisdiction; and as so applying may be referred to as the Australian Consumer Law (Tasmania); and as so applying is a part of this Act.

This section has effect subject to sections 7, 8 and 9.

A modification made by a Commonwealth law to the Australian Consumer Law text after the commencement of this section does not apply under section 6 if the modification is declared by a proclamation to be excluded from the operation of that section.

A proclamation under subsection (1) has effect only if published or notified no later than 2 months after the date of the modification.

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

For the purposes of 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 of the Commonwealth.

In the Australian Consumer Law (Tasmania) – regulator means the Director.

For the purposes of the application of the Australian Consumer Law (Tasmania) – court means – in relation to section 218 of the Australian Consumer Law (Tasmania), the Magistrates Court (Civil Division); and in any other case, a court of competent jurisdiction.

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

For the purposes of subsection (1), the Commonwealth Act mentioned in that subsection applies as if – the statutory provisions in the Australian Consumer Law (Tasmania) were a Commonwealth Act; and the regulations in the Australian Consumer Law (Tasmania) or instruments under that Law were regulations or instruments under a Commonwealth Act.

The Acts Interpretation Act 1931 of Tasmania does not apply to – the Australian Consumer Law (Tasmania); or any instrument under that Law.

The Australian Consumer Law (Tasmania) applies to and in relation to – persons carrying on business within this jurisdiction; or bodies corporate incorporated or registered under the law of this jurisdiction; or persons ordinarily resident in this jurisdiction; or persons otherwise connected with this jurisdiction.

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

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.

Subsection (1) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires.