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COMPETITION AND CONSUMER ACT 2010 - SECT 58BZG

SPF external dispute resolution schemes--civil penalty provisions

Regulated entity must not provide a regulated service if the entity is not a member of an SPF EDR scheme

  (1)   A regulated entity for a regulated sector contravenes this subsection if the entity:

  (a)   provides a regulated service for the sector that has one or more SPF consumers; and

  (b)   is not a member of an SPF EDR scheme for the sector.

Regulated entity that is a member of an SPF EDR scheme must give reasonable assistance to, and cooperate with, the scheme operator

  (2)   A regulated entity for a regulated sector contravenes this subsection if the entity:

  (a)   is a member of an SPF EDR scheme for the sector; and

  (b)   fails to give reasonable assistance to, or cooperate with, the operator of the scheme.

Regulated entity that is a member of an SPF EDR scheme must comply with related obligations in an SPF code

  (3)   A regulated entity for a regulated sector contravenes this subsection if the entity:

  (a)   is a member of an SPF EDR scheme for the sector; and

  (b)   fails to comply with an obligation in the SPF code for the sector that relates to the scheme.

Civil penalty provisions

  (4)   Subsections   (1), (2) and (3) are civil penalty provisions.

Note:   This means these subsections are civil penalty provisions of an SPF principle for the purposes of section   58FJ (about civil penalties).



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