Victorian Current Acts Victorian Current ActsNo. 21 of 2012
Version incorporating amendments as at
1 December 2023
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Version No. 032
Australian Consumer Law and Fair Trading Act 2012
No. 21 of 2012
Version incorporating amendments as at
1 December
2023
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 8 December 2011
Legislative Council: 17 April 2012
The long title for the Bill for this Act was "A Bill for an Act to re-enact with amendments laws relating to fair trading and consumer protection, to regulate certain businesses, to repeal the Fair Trading Act 1999, the Disposal of Uncollected Goods Act 1961, the Carriers and Innkeepers Act 1958 and the Landlord and Tenant Act 1958, to make related and consequential amendments to other Acts and for other purposes."
Constitution Act 1975:
Legislative Assembly: 8 December 2011
Legislative Council: 17 April 2012
Absolute majorities:
Legislative Assembly: 15 March 2012
Legislative Council: 1 May 2012
The Australian Consumer Law and Fair Trading Act 2012 was assented to on 8 May 2012 and came into operation as follows:
Sections 1, 2, 239 and Schedule 6 item 9 on 5 June 2012: Special Gazette (No. 172) 29 May 2012 page 1; sections 3–53, 78–99, 107–233, 237, 238, Schedule 1, Schedule 2, Schedule 4 clauses 1–5, 7, Schedule 5 and Schedule 6 items 1–8, 10–35, 36.1, 36.4, 37–47 on 1 July 2012: Special Gazette (No. 214) 28 June 2012 page 1; sections 54–77, 100–106, 234–236, Schedule 3, Schedule 4 clauses 6, 8, 9 and Schedule 6 items 36.2, 36.3, 36.5 on 1 September 2012: Special Gazette (No. 291) 28 August 2012 page 1; section 240 and Schedule 7 on 26 November 2012: Special Gazette (No. 384) 20 November 2012 page 1.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Australian Consumer Law and Fair Trading Act 2012 by Acts and subordinate instruments.
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Australian Consumer Law and Fair Trading Act 2012, No. 21/2012
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Assent Date: |
8.5.12 |
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Commencement Date: |
S. 240(Sch. 7 item 3) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Fire Services Levy Monitor Act 2012, No. 81/2012
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Assent Date: |
18.12.12 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Co-operatives National Law Application Act 2013, No. 9/2013
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Assent Date: |
13.3.13 |
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Commencement Date: |
S. 42(Sch. 2 item 3) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Consumer Affairs Legislation Amendment Act 2013, No. 57/2013
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Assent Date: |
22.10.13 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Travel Agents Repeal Act 2014, No. 16/2014
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Assent Date: |
18.3.14 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Legal Profession Uniform Law Application Act 2014, No. 17/2014
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Assent Date: |
25.3.14 |
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Commencement Date: |
S. 160(Sch. 2 item 8) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
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Assent Date: |
3.6.14 |
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Commencement Date: |
S. 10(Sch. item 6) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Fines Reform Act 2014, No. 47/2014
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Assent Date: |
1.7.14 |
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Commencement Date: |
S. 249 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Consumer Affairs Legislation Amendment Act 2014, No. 50/2014
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Assent Date: |
12.8.14 |
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Commencement Date: |
Ss 9, 11, 13–20, 22–25 on 13.8.14: s. 2(1); ss 10, 12, 21 on 3.11.14: Special Gazette (No. 304) 9.9.14 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Veterans and Other Acts Amendment Act 2015, No. 12/2015
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Assent Date: |
21.4.15 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Statute Law Revision Act 2015, No. 21/2015
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Assent Date: |
16.6.15 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Consumer Acts and Other Acts Amendment Act 2016, No. 23/2016
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Assent Date: |
10.5.16 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Rooming House Operators Act 2016, No. 26/2016
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Assent Date: |
10.5.16 |
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Commencement Date: |
S. 84 on 26.4.17: Special Gazette (No. 57) 7.3.17: p. 1 |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017
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Assent Date: |
29.8.17 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Oaths and Affirmations Act 2018, No. 6/2018
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Assent Date: |
27.2.18 |
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Commencement Date: |
S. 68(Sch. 2 item 10) on 1.3.19: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Justice Legislation Amendment (Access to Justice) Act 2018, No. 15/2018
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Assent Date: |
29.5.18 |
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Commencement Date: |
S. 3 on 7.12.18: Special Gazette (No. 497) 23.10.18 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Residential Tenancies Amendment Act 2018, No. 45/2018 (as amended by Nos 11/2020, 25/2020)
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Assent Date: |
18.9.18 |
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Commencement Date: |
S. 369 on 29.3.21: Special Gazette (No. 42) 27.1.21 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Guardianship and Administration Act 2019, No. 13/2019
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Assent Date: |
4.6.19 |
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Commencement Date: |
S. 221(Sch. 1 item 4) on 1.3.20: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Professional Engineers Registration Act 2019, No. 26/2019
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Assent Date: |
3.9.19 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Consumer Legislation Amendment Act 2019, No. 47/2019
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Assent Date: |
3.12.19 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Transport Legislation Amendment Act 2019, No. 49/2019
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Assent Date: |
3.12.19 |
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Commencement Date: |
S. 186(Sch. 4 item 3) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Consumer and Other Acts Miscellaneous Amendments Act 2021, No. 1/2021
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Assent Date: |
9.2.21 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
Sex Work Decriminalisation Act 2022, No. 7/2022
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Assent Date: |
1.3.22 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Australian Consumer Law and Fair Trading Act 2012 |
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3 Explanatory details
[1] Sch. 4 cl. 7(2): Section 5 of the Personal Property Securities (Statute Law Revision and Implementation) Act 2010 commenced on 30 January 2012.