Wednesday, September 30, 2020

Owners Corporation Act 2006

Part 12
Division 3
Section 199

Application of Australian Consumer Law and Fair Trading Act 2012 | Section 199

(1)     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 Part as if any reference in that Part to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Part.

(2)     Sections 125, 195 and 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 Part as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Part.

(3)     For the purposes of subsection (2)—

(a)     section 210 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to Part 3.1 or Part 6.3 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Part;

(b)     section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—

(i)     proceedings for an offence against a provision of this Part (except an offence applied by subsection (1)); or

(ii)     proceedings on an application for an injunction under sections 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 Part (except an offence applied by subsection (1)); or

(iii)     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. 199(4) inserted by No. 12/2015 s. 21(Sch. 1 item 7).

(4)     In this section—

“this Part” includes any regulations made under this Act that relate to the registration of managers under this Part.

© State of Victoria (Consumer Affairs Victoria). For the latest information please go to https://www.legislation.vic.gov.au/in-force/acts/owners-corporations-act-2006/017

Disclaimer: Reproduced from the Owners Corporation Act 2006. This website does not give legal advice or other professional advice. You should seek legal or other professional advice before acting and not rely on any of the content on this website.

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