Application of Australian Consumer Law and Fair Trading Act 2012
40 Application of Australian Consumer Law and Fair Trading Act 2012
S. 40(1AA) inserted by No. 19/2025 s. 59(1).
The Australian Consumer Law and Fair Trading Act 2012 and the Australian Consumer Law (Victoria) apply to services or goods provided under a residence contract, even though the goods or services are provided under a contract of service.
S. 40(1AB) inserted by No. 19/2025 s. 59(1).
A reference in the Australian Consumer Law and Fair Trading Act 2012 or the Australian Consumer Law (Victoria) to the price of goods or services includes in relation to a right to occupy premises a refundable entry payment.
S. 40(1AC) inserted by No. 19/2025 s. 59(1).
Part 6.2 of the Australian Consumer Law and Fair Trading Act 2012 extends and applies (with any necessary modifications) to this Act as if any reference in that Part to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.
Part 6.4 of the Australian Consumer Law and Fair Trading Act 2012 (except sections 152, 153 and 175) extends and applies (with any necessary modifications) to this Act as if any reference in that Part to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.
S. 40(2) substituted by No. 19/2025 s. 59(2).
Sections 196 and Part 8.2 (except section 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act.
For the purposes of subsection (2)—
S. 40(3)(aa) inserted by No. 19/2025 s. 59(3).
section 126A of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to a consumer contract or small business contract were a reference to a management contract or a residence contract;
S. 40(3)(aab) inserted by No. 19/2025 s. 59(3).
sections 210 and 210A of the Australian Consumer Law and Fair Trading Act 2012 apply as if a reference in those sections to a contravention of Part 3.1, Part 4.1 or Part 6.3 were a reference to a contravention of a provision of this Act;
section 209 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to any section of that Act were a reference to that section as applied by subsection (1) or (2);
section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—
proceedings for an offence against a provision of this Act (except an offence applied by subsection (1)); or
proceedings on an application for an injunction under section 201, 202 or 203 of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (2)) against a person alleged to have contravened a provision of this Act (except an offence applied by subsection (1)); or
proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (2)).
S. 40(4) inserted by No. 12/2015 s. 21(Sch. 1 item 8).
In this section—
this Act includes the regulations.
S. 41 substituted by No. 4/2005 s. 18.
This provision refers to the regulations (the regulations
). Made under this Act:
- Retirement Villages (Contractual Arrangements) Regulations 2017 · under sections 43, 44A and 44B
- Retirement Villages Regulations 2026 · under sections 43 and 44B
This Act’s bill:Second reading speech
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