Victorian Current Acts

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ESTATE AGENTS ACT 1980 - SECT 93A

Application of Australian Consumer Law and Fair Trading Act 2012

    (1)     Sections 195 and 196 and Part 8.2 (except sections 209 and 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.

    (2)     For the purposes of subsection (1), 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 Act.

    (3)     For the purposes of subsection (1)—

        (a)     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 Act (except Division 2 of Part VI and section 93); or

              (ii)     proceedings on an application for an injunction under section 201, 202, 203, 205 or 206 of the Australian Consumer Law and Fair Trading Act   2012 (as applied by subsection (1)) against a person alleged to have contravened a provision of this Act (except Division 2 of Part VI and section 93); 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 (1)).

S. 93A(4) inserted by No. 12/2015 s. 21(Sch.  1 item 4).

    (4)     In this section—

"this Act" includes the regulations.



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