{"id":"consumer-affairs-and-fair-trading-act-1990","name":"Consumer Affairs and Fair Trading Act 1990","slug":"consumer-affairs-and-fair-trading-act-1990","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29953,"registerId":"nt-consumer-affairs-and-fair-trading-act-1990-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Consumer Affairs and Fair Trading\nAct 1990.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThe provisions of this Act shall come into operation on such date or\ndates as is or are fixed by the Administrator by notice in the\nGazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Extent to which Crown bound","content":"3 Extent to which Crown bound\n(1) Subject to subsections (2) and (3) and Part 4, Division 4, this Act\nbinds the Crown not only in right of the Territory but, to the extent\nthat the legislative power of the Legislative Assembly so permits, in\nall its other capacities.\n(3) Nothing in this Act renders the Crown liable to be prosecuted for an\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"4 Interpretation\n(1) In this Act:\nacquire includes:\n(a) in relation to goods – acquire by purchase or exchange or by\ntaking on lease, on hire or on hire-purchase; and\n(b) in relation to services – accept.\napplication law, for Part 4, see section 25(1).\n\nConsumer Affairs and Fair Trading Act 1990 2\napproved form means a form approved under section 9(5)\nor 17A(7).\nAustralian Consumer Law, for Part 4, see section 25(1).\nAustralian Consumer Law (NT) means the provisions applying\nbecause of Part 4 of this Act.\nAustralian Consumer Law text, for Part 4, see section 25(1).\nauthorised officer means a person who is, in accordance with\nsection 18, an authorised officer for the purposes of all or any of\nParts 4 to 14.\nbiodiesel, for Part 11, see section 185.\nbusiness includes:\n(a) a business not carried on for profit; and\n(b) a trade or profession.\ncode of practice means a code of practice for the time being\nprescribed pursuant to section 239.\nCommissioner means the Commissioner of Consumer Affairs\nappointed under section 6, and includes any person for the time\nbeing acting in, or performing the duties of, the office of\nCommissioner.\nconsumer, see section 5.\nDeputy Commissioner means the person holding or occupying the\noffice of Deputy Commissioner of Consumer Affairs mentioned in\nsection 9A.\ndiesel fuel, for Part 11, see section 185.\ndirector, in relation to a body corporate, includes any person\noccupying or acting in the position of director of the body corporate,\nby whatever name called and whether or not validly appointed to\noccupy, or duly authorised to act in, the position.\nDirector means the person holding or occupying the office of\nDirector mentioned in section 13.\ndiscounted fuel price, for Part 11, see section 185.\ndocument includes any record of information, whether or not the\ninformation is available only after the record is subjected to\nelectronic or other process.\n\nConsumer Affairs and Fair Trading Act 1990 3\nenactment includes regulations made under an Act.\nfuel retailer, for Part 11, see section 185.\ngoods includes:\n(a) ships, aircraft and other vehicles; and\n(b) animals, including fish; and\n(c) minerals, trees and crops, whether on, under or attached to\nland or not; and\n(d) gas and electricity.\ninstrument, for Part 4, see section 25(1).\nIntergovernmental Agreement, for Part 4, see section 25(1).\njurisdiction, for Part 4, see section 25(1).\nlaw, for Part 4, see section 25(1).\nliquefied petroleum gas, for Part 11, see section 185.\nmodifications, for Part 4, see section 25(1).\nmonth, for Part 4, see section 25(1).\nnormal fuel price, for Part 11, see section 185.\nofficer, in relation to a body corporate, see section 9 of the\nCorporations Act 2001.\nparticipating jurisdiction, for Part 4, see section 25(1).\npetrol, for Part 11, see section 185.\nprescribed fuel, for Part 11, see section 185.\nprice includes a charge of any description.\nprice board, for Part 11, see section 185.\nsend includes deliver.\nservice station, for Part 11, see section 185.\nservices includes any rights (including rights in relation to, and\ninterests in, real or personal property), benefits, privileges or\nfacilities that are, or are to be, provided, granted or conferred in\n\nConsumer Affairs and Fair Trading Act 1990 4\ntrade or commerce, and without limiting the generality of the\nforegoing, includes the rights, benefits, privileges or facilities that\nare, or are to be, provided, granted or conferred under:\n(a) a contract for or in relation to:\n(i) the performance of work (including work of a\nprofessional nature), whether with or without the supply\nof goods; or\n(ii) the provision of, or the use or enjoyment of facilities for,\namusement, entertainment, recreation or instruction; or\n(iii) the conferring of rights, benefits or privileges for which\nremuneration is payable in the form of a royalty, tribute,\nlevy or similar exaction; or\n(b) a contract of insurance; or\n(c) a contract between a banker and a customer of the banker\nentered into in the course of the carrying on by the banker of\nthe business of banking; or\n(d) any contract for or in relation to the lending of moneys;\nbut does not include rights or benefits consisting in the supply of\ngoods or the performance of work under a contract of service.\nState, for Part 4, see section 25(1).\nstate of mind, of a person, includes a reference to:\n(a) the knowledge, intention, opinion, belief or purpose of the\nperson; and\n(b) the person's reasons for the person's intention, opinion, belief\nor purpose.\nsupplier means a person who, in the course of a business,\nsupplies goods or services.\nsupply includes:\n(a) in relation to goods – supply (including re-supply) by way of\nsale, exchange, lease, hire or hire-purchase; and\n(b) in relation to services – provide, grant or confer for valuable\nconsideration.\nTerritory, for Part 4, see section 25(1).\n\nConsumer Affairs and Fair Trading Act 1990 5\nthis jurisdiction, for Part 4, see section 25(1).\ntrade or commerce includes any business or professional activity.\nNote for section 4(1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) In this Act:\n(a) a reference to the acquisition of goods includes a reference to\nthe acquisition of property in, or rights in relation to, goods in\nconsequence of a supply of the goods; and\n(b) a reference to the supply or acquisition of goods or services\nincludes a reference to agreeing to supply or acquire goods or\n(c) a reference to the supply or acquisition of goods includes a\nreference to the supply or acquisition of goods together with\nother property or services, or both; and\n(d) a reference to the supply or acquisition of services includes a\nreference to the supply or acquisition of services together with\nproperty or other services, or both; and\n(e) a reference to the re-supply of goods acquired from a person\nincludes a reference to:\n(i) a supply of the goods to another person in an altered\nform or condition; and\n(ii) a supply to another person of goods in which the\nfirst-mentioned goods have been incorporated.\n(3) For this Act:\n(a) the obtaining of credit by a person in connection with the\nacquisition of goods or services by the person is an acquisition\nby the person of services; and\n(b) any amount by which the price of goods or services is\nincreased because credit was obtained is the price of the\nservices represented by the obtaining of credit.\n(4) In this Act:\n(a) a reference to conduct is a reference to the doing of any act,\nor the refusing to do any act, including an act that constitutes\n(or would but for the refusal constitute) making or giving effect\n\nConsumer Affairs and Fair Trading Act 1990 6\nto a provision of a contract or arrangement, arriving at or\ngiving effect to a provision of an understanding, or requiring or\nentering into a covenant; and\n(b) a reference to refusing to do an act includes a reference to:\n(i) refraining (otherwise than inadvertently) from doing that\nact; or\n(ii) making it known that that act will not be done; and\n(c) a reference to a person offering to do an act, or to do an act\non a particular condition, includes a reference to the person\nmaking it known that the person will accept applications, offers\nor proposals for the person to do that act or to do that act on\nthat condition, as the case may be.\n(5) In this Act:\n(a) a reference to loss or damage, other than a reference to the\namount of any loss or damage, includes a reference to injury;\nand\n(b) a reference to the amount of any loss or damage includes a\nreference to damages in respect of an injury.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of consumer","content":"5 Meaning of consumer\n(1) A consumer is a person who acquires goods or services from a\nsupplier.\n(2) In subsection (1), goods does not include goods which are\nacquired, or are held out as being acquired:\n(a) for the purpose of re-supply; or\n(b) for the purpose of using them up or transforming them, in the\ncourse of a business, in or in connection with a process of\nmanufacture or production.\n","sortOrder":4},{"sectionNumber":"5A","sectionType":"section","heading":"Interpretation provisions do not apply to Australian Consumer","content":"5A Interpretation provisions do not apply to Australian Consumer\nLaw (NT)\nSections 4 and 5 do not apply for the interpretation or operation of\nthe Australian Consumer Law (NT).\n\nConsumer Affairs and Fair Trading Act 1990 7\n","sortOrder":5},{"sectionNumber":"5B","sectionType":"section","heading":"Reference to this Act includes Australian Consumer Law (NT)","content":"5B Reference to this Act includes Australian Consumer Law (NT)\nTo avoid doubt, a reference in this Act to this Act is taken to include\na reference to the Australian Consumer Law (NT).\nNote for section 5B\nUnder section 27, the Australian Consumer Law (NT) is a part of this Act.\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Appointment of Commissioner","content":"6 Appointment of Commissioner\nThe Minister shall appoint a person to be Commissioner of\nConsumer Affairs.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Functions of Commissioner","content":"7 Functions of Commissioner\n(1) The functions of the Commissioner are:\n(a) to promote the interests of consumers, and to assist\nconsumers to a greater awareness in relation to their\nassessment and use of goods and services; and\n(b) without prejudice to the generality of paragraph (a), to promote\nthe maintenance of fair trading practices and of product safety;\nand\n(ba) to administer the Australian Consumer Law (NT); and\n(c) to receive complaints from consumers concerning matters\ntouching their interests as consumers, to investigate those\ncomplaints, and to take such action in respect thereof as\nseems proper to the Commissioner; and\n(d) to receive complaints of fraudulent, misleading, deceptive or\nunfair practices in relation to matters which affect, or are likely\nto affect, the interests of consumers or of traders, and to take\nsuch action as seems proper to the Commissioner; and\n(e) to advise and assist consumers who seek from the\nCommissioner information or guidance on matters affecting\ntheir interests as consumers; and\n(f) to collect, collate and disseminate information in respect of\nmatters affecting the interests of consumers; and\n\nConsumer Affairs and Fair Trading Act 1990 8\n(g) to encourage and undertake the dissemination of information\nconcerning consumer affairs (and in particular, the\nmaintenance of fair trading practices and of product safety) to\nproducers, manufacturers, traders and suppliers of goods or\n(h) to carry out consumer education programs; and\n(j) to issue consumer guidelines to the public; and\n(k) to perform such other functions as are conferred on the\nCommissioner by or under this or any other Act.\n(2) The Commissioner shall:\n(a) keep under critical examination, and from time to time report\nto the Minister on, the laws in force relating to the interests of\nconsumers; and\n(b) keep under review market-place trends and other matters\naffecting the interests of consumers and, where that appears\ndesirable, make recommendations to the Minister with respect\nto responses thereto; and\n(c) report to the Minister on any matter that is referred to the\nCommissioner by the Minister as relating to the interests of\nconsumers;\nand, for those purposes, may conduct research and make\ninvestigations.\n(5) Nothing in this section is to be construed as requiring the\nCommissioner, or any person under the Commissioner's direction\nor control, to give, or to hold him or herself out as ready or\ncompetent to give, advice to a consumer concerning the\nconsumer's rights and liabilities in law in respect of any matter.\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Power of Commissioner to obtain information","content":"8 Power of Commissioner to obtain information\n(1) The Commissioner may, for the purpose of, or in connection with,\nthe performance of any function conferred on the Commissioner by\nor under this or any other Act, require any person to furnish the\nCommissioner with such information as the Commissioner requires\nor to answer any question put by the Commissioner.\n(2) The Commissioner may under subsection (1) require that\ninformation be given, or a question answered:\n(a) orally, at a place and time specified by the Commissioner; or\n\nConsumer Affairs and Fair Trading Act 1990 9\n(b) in writing, within a period specified by the Commissioner;\nand, in a case falling within paragraph (a), may further require that\nthe information or question be furnished or answered on oath.\n(3) A person is not excused from furnishing any information or\nanswering any question pursuant to a requirement under\nsubsection (1) on the ground that the information or answer might\ntend to incriminate the person, or to make the person liable to a\npenalty, but information so furnished or an answer so given is not\nadmissible against the person in any criminal proceedings other\nthan proceedings for an offence against this Act.\n(4) A person who:\n(a) fails to furnish information, or to answer a question, pursuant\nto a requirement under subsection (1); or\n(b) pursuant to such a requirement, furnishes information or gives\nan answer which is false or misleading in any material\nis (subject, in a case falling within paragraph (a), to subsection (5))\n(5) A person is not guilty of an offence by reason of a failure mentioned\nin subsection (4)(a) unless, before the failure, the Commissioner\nwarned the person that it is an offence not to comply with a\nrequirement under subsection (1).\n(6) Where a person is found guilty of an offence falling within\nsubsection (4)(a), the court may order that person to furnish the\ninformation or answer the question which was the subject of the\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Other powers of Commissioner","content":"9 Other powers of Commissioner\n(1) The Commissioner may, with the approval of the Minister and on\nterms and conditions approved by the Commissioner for Public\nEmployment, arrange with a department or statutory corporation, or\na council constituted under the Local Government Act 2019, for the\nuse of the services of any staff, or the use of any facilities, of the\ndepartment, corporation or council.\n\nConsumer Affairs and Fair Trading Act 1990 10\n(2) With the approval of the Minister, and on such terms and conditions\nas the Minister thinks fit, the Commissioner may, for a particular\npurpose and otherwise than under a contract of service, appoint\nand employ any person, body or organisation considered to be\ncapable of providing information, services or advice that would\nassist in the performance of the Commissioner's functions.\n(3) The Commissioner may, at the Commissioner's sole discretion,\ninstitute and defend proceedings in a court of competent jurisdiction\nfor or on behalf of a consumer or class of consumers.\n(4) Where a dispute arises concerning a consumer, the Commissioner\nmay:\n(a) if the dispute is governed by an arbitration agreement which\nappoints the Commissioner as arbitrator or empowers the\nCommissioner to appoint an arbitrator – act as arbitrator or, as\nthe case may be, appoint an arbitrator; and\n(b) in the absence of an arbitration agreement, with the consent in\nwriting of all the parties to the dispute – act as arbitrator in the\ndispute or nominate a person to act as arbitrator.\n(5) The Commissioner may approve forms for this Act.\n","sortOrder":10},{"sectionNumber":"9A","sectionType":"section","heading":"Deputy Commissioner","content":"9A Deputy Commissioner\n(1) The Minister may appoint a public sector employee to be the\nDeputy Commissioner of Consumer Affairs.\n(2) Subject to the direction and control of the Commissioner, the\nDeputy Commissioner may exercise the powers and perform the\nfunctions of the Commissioner.\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Advisory committees","content":"10 Advisory committees\n(1) The Minister may appoint committees for the purpose of advising\nthe Commissioner with respect to matters arising under\nsection 7(2).\n(2) An advisory committee:\n(a) shall consist of such number of persons as the Minister thinks\nfit; and\n(b) may include one or more public sector employees; and\n(c) has such functions in relation to the provision of advice as the\nMinister directs; and\n\nConsumer Affairs and Fair Trading Act 1990 11\n(d) subject to any directions given by the Minister, may regulate\nits own procedure for the calling of meetings and the conduct\nof business at meetings.\n(3) The Minister may at any time terminate a person's appointment as\na member of an advisory committee or dissolve an advisory\ncommittee.\n(4) A member of an advisory committee is entitled to receive:\n(a) such travelling expenses as are fixed by the Minister; and\n(b) unless the member is a public sector employee, such fees as\nare fixed by the Minister for attending meetings and\ntransacting business of the committee.\n","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Delegation","content":"11 Delegation\nThe Commissioner may, in writing, delegate any function or power\nconferred on the Commissioner by or under this or any other Act:\n(a) to a public sector employee; or\n(b) with the consent of the Minister, to any other person.\n","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Annual report","content":"12 Annual report\n(1) The Commissioner must give to the Minister annually a report on\nthe Commissioner's activities.\n(3) The Commissioner must not, unless satisfied that it is in the public\ninterest to do so, disclose in any report furnished pursuant to this\nsection:\n(a) information with respect to any plant, equipment or process\nused in a business carried on by a person; or\n(b) information with respect to a person's financial affairs.\n(4) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Director","content":"13 Director\n(1) The Minister must, in writing, appoint a public sector employee to\nbe the Director.\n\nConsumer Affairs and Fair Trading Act 1990 12\n(2) The Minister may, in writing, determine that the Director be known\nby another name.\n(3) If the Minister determines under subsection (2) that the Director be\nknown by another name, a reference in this Act to the Director is\ntaken to be a reference to that name.\n(4) For subsection (1), the Minister may appoint:\n(a) a public sector employee by name; or\n(b) a public sector employee by reference to the office, position or\ndesignation held or occupied by the employee; or\n(c) a public sector employee from time to time holding, acting in\nor performing the duties of a named office, position or\ndesignation.\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Power of Director to obtain information","content":"14 Power of Director to obtain information\n(1) The Director may, for the purpose of carrying out the Director's\nfunctions under this Act, require a person to give the Director any\ninformation the Director requires or to answer any question put by\nthe Director.\n(2) The Director may require that the information be given, or the\nquestion answered:\n(a) orally, at a place and time specified by the Director; or\n(b) in writing, within a period specified by the Director.\n(3) The Director may require information or an answer that is given\norally to be given on oath.\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Self-incrimination","content":"15 Self-incrimination\n(1) A person is not excused from giving any information or answering\nany question, if required to do so under section 14, on the ground\nthat the information or answer might tend to incriminate the person\nor make the person liable to a penalty.\n(2) However, the information or answer mentioned in subsection (1) is\nnot admissible in evidence against the person in any criminal\nproceeding other than a proceeding for an offence against this Act.\n\nConsumer Affairs and Fair Trading Act 1990 13\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Offence to fail to provide information","content":"16 Offence to fail to provide information\n(1) A person commits an offence if:\n(a) the Director requests information from, or asks a question of,\nthe person under section 14; and\n(b) the Director informs the person that it is an offence not to give\nthe requested information or answer the asked question; and\n(c) the person fails to give the requested information or answer\nthe asked question.\n(2) If a person is found guilty of an offence under subsection (1), the\ncourt may order that the person provide the information, or answer\nthe question, that was the subject of the offence.\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Offence to give misleading information or document","content":"17 Offence to give misleading information or document\n(1) A person commits an offence if:\n(a) the Director requests information from, or asks a question of,\nthe person under section 14; and\n(b) the person gives the Director information or an answer that is\nfalse or misleading in a material particular.\n(2) A person commits an offence if:\n(a) the Director requests information from the person under\nsection 14; and\n(b) the person gives the Director a document containing\ninformation that is false or misleading in a material particular.\n(3) Subsection (2) does not apply if the person, when giving the\ndocument to the Director:\n(a) draws the misleading aspect of the document to the Director's\nattention; and\n\nConsumer Affairs and Fair Trading Act 1990 14\n(b) to the extent to which the person can reasonably do so – gives\nthe Director the information necessary to remedy the\nmisleading aspect of the document.\n","sortOrder":19},{"sectionNumber":"17A","sectionType":"section","heading":"Other powers of Director","content":"17A Other powers of Director\n(1) The Director may, with the approval of the Minister, arrange with an\nAgency, a statutory corporation or a local government council for\nthe use of the services of any staff, or the use of any facilities, of\nthe Agency, corporation or council.\n(2) The terms and conditions of an arrangement under subsection (1)\nmust be approved by the Commissioner for Public Employment\nunder the Public Sector Employment and Management Act 1993.\n(3) The Director may, for a particular purpose and otherwise than\nunder a contract of service, appoint and employ any person, body\nor organisation considered to be capable of providing information,\nservices or advice that would assist in the performance of the\nDirector's functions.\n(4) An arrangement under subsection (3) may only be made:\n(a) with the approval of the Minister; and\n(b) on terms and conditions determined by the Minister.\n(5) The Director may, at the Director's discretion, institute and defend\nproceedings in a court of competent jurisdiction for or on behalf of a\nconsumer or class of consumers in relation to Part 10 or 14.\n(6) If a dispute in relation to Part 10 or 14 arises concerning a\nconsumer, the Director may:\n(a) if the dispute is governed by an arbitration agreement that\nappoints the Director as arbitrator or empowers the Director to\nappoint an arbitrator – act as arbitrator or appoint an arbitrator;\nor\n(b) in the absence of an arbitration agreement, with the consent in\nwriting of all the parties to the dispute – act as arbitrator in the\ndispute or nominate a person to act as arbitrator.\n(7) The Director may approve forms for Part 10 or 14.\n\nConsumer Affairs and Fair Trading Act 1990 15\n","sortOrder":20},{"sectionNumber":"17B","sectionType":"section","heading":"Delegation","content":"17B Delegation\nThe Director may, in writing, delegate any of the Director's powers\nand functions under this Act:\n(a) to another public sector employee; or\n(b) with the consent of the Minister, to any other person.\n","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Authorised officers","content":"18 Authorised officers\n(1) The Commissioner is an authorised officer for this Act, other than\nParts 10 and 14.\n(1A) The Director is an authorised officer for Parts 10 and 14.\n(2) Every police officer is an authorised officer for Part 10.\n(3) The Commissioner may, in writing, appoint a person to be an\nauthorised officer for this Act, other than Parts 10 and 14.\n(4) The Director may, in writing, appoint a person to be an authorised\nofficer for Parts 10 and 14.\n(5) An authorised officer is, in the exercise of the officer's powers:\n(a) if appointed under subsection (3) – subject to the direction of\nthe Commissioner; or\n(b) if mentioned in subsection (2) or appointed under\nsubsection (4) – subject to the direction of the Director.\n(6) For subsections (3) and (4), the Commissioner or Director, as\nappropriate, may appoint:\n(a) a public sector employee by name; or\n(b) a public sector employee by reference to the office, position or\ndesignation held or occupied by the employee; or\n(c) a public sector employee from time to time holding, acting in\nor performing the duties of a named office, position or\ndesignation.\n\nConsumer Affairs and Fair Trading Act 1990 16\n","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Issue of identity card","content":"19 Issue of identity card\n(1) The Commissioner must issue to each person appointed as an\nauthorised officer under section 18(3) an identity card stating the\nperson's name and that the person is an authorised officer.\n(2) The Director must issue to each person appointed as an authorised\nofficer under section 18(4) an identity card stating the person's\nname and that the person is an authorised officer.\n(3) The identity card must:\n(a) display a recent photograph of the authorised officer; and\n(b) state the card's date of issue; and\n(c) be signed by the authorised officer.\n","sortOrder":23},{"sectionNumber":"19A","sectionType":"section","heading":"Return of identity card","content":"19A Return of identity card\nA person who ceases to be an authorised officer (other than a\npolice officer) must return the person's identity card to the\nCommissioner or Director, as appropriate, within 21 days after the\ncessation.\n","sortOrder":24},{"sectionNumber":"19B","sectionType":"section","heading":"Production of identity card","content":"19B Production of identity card\nAn authorised officer appointed under section 18(3) or (4) who is\nexercising or proposing to exercise a power under this Act must, on\nrequest, produce the officer's identity card for inspection.\n","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Powers of entry of authorised officers","content":"20 Powers of entry of authorised officers\n(1) For ascertaining whether a provision of this Act, of regulations or of\na code of practice is being or has been complied with, a person\nwho is an authorised officer for the Part which contains that\nprovision, or of the Part for which the regulations were made or\nunder which the code was prescribed, may at any reasonable time\n(but subject to subsection (2)) enter as may be appropriate in\nrelation to that provision any place which the officer knows or\nbelieves on reasonable grounds to be:\n(a) a place where:\n(i) goods are produced, manufactured, assembled,\nprepared, stored or supplied; or\n(ii) services are supplied or arranged; or\n\nConsumer Affairs and Fair Trading Act 1990 17\n(iii) documents are kept relating to goods or services\nsupplied or to be supplied; or\n(b) a place where a person carries on business as a dealer in\nmotor vehicles within the meaning of Part 10, or where\ndocuments relating to any such business are kept; or\n(ba) a place where a person carries on a business as a second-\nhand dealer, or pawnbroker, within the meaning of Part 14, or\nwhere documents relating to any such business are kept; or\n(d) a place where any activity takes place to which a code of\npractice applies, or where documents relating to any such\nactivity are kept;\nand exercise the powers conferred by section 21 in relation to that\nplace.\n(2) An authorised officer is not entitled to enter any place used for\nresidential purposes except:\n(a) with the consent of the occupier; or\n(b) under the authority of a search warrant.\n(3) A justice of the peace who is satisfied on the application of an\nauthorised officer that, for the purpose specified in subsection (1),\nthere is reasonable cause to permit the officer to enter a place\nreferred to in that subsection with a view to exercising the powers\nconferred by section 21 may issue a warrant directed to the\nauthorised officer to enter the place specified in the warrant for the\npurpose of exercising those powers.\n(4) A warrant issued under subsection (3) is, for a period of one month\nfrom its issue, sufficient authority:\n(a) to the authorised officer to whom it is directed, and to all\npersons acting in aid of the authorised officer, to enter the\nplace specified in the warrant; and\n(b) to the authorised officer, to exercise in respect of the place\nspecified in the warrant the powers conferred on an authorised\nofficer by section 21.\n(5) If it is impracticable for an authorised officer to apply in person for a\nwarrant under subsection (3), the officer may make the application\nby telephone, and the justice of the peace may issue such a\nwarrant on that application.\n\nConsumer Affairs and Fair Trading Act 1990 18\n(6) If a justice issues a warrant by virtue of subsection (5):\n(a) the justice of the peace must complete and sign the warrant,\nmust inform the authorised officer by telephone of its terms,\nand must record on the warrant the justice of the peace's\nreasons for issuing it; and\n(b) the authorised officer must complete in duplicate a form of\nwarrant in the terms furnished by the justice of the peace,\nmust write on it the name of the justice of the peace and the\ndate and time of its issue, and must forward a copy to the\njustice of the peace.\n(7) On receiving the copy referred to in subsection (6)(b), the justice of\nthe peace must compare it with the warrant signed by the justice of\nthe peace and, if satisfied that they are in substance identical, must\nnote this fact on the warrant and forward both the warrant and the\ncopy to the Commissioner.\n(8) A form of warrant prepared by an authorised officer pursuant to\nsubsection (6)(b) has, if it is in accordance with the terms of the\nwarrant signed by the justice of the peace, the like authority as that\nwhich the justice of the peace's warrant has by virtue of\nsubsection (4).\n(9) If an application has been made to a justice of the peace under\nsubsection (5) and the application has been refused, subject to\nsubsection (10), neither of the following may make a further\napplication under subsection (5) to any justice of the peace in\nrespect of that matter:\n(a) the authorised officer who made the application;\n(b) any other authorised officer who has any cause to suspect\nthat the application has been made.\n(10) If an application under subsection (5) has been made to a justice of\nthe peace and the application has been refused, a further\napplication may be made to a justice of the peace if an authorised\nofficer satisfies the justice of the peace that the officer has, since\nthe time of the original application, received further information or\nevidence which is material to an application under subsection (5).\n","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Powers exercisable after entry","content":"21 Powers exercisable after entry\n(1) The powers exercisable by an authorised officer who has entered a\nplace under or by virtue of section 20 are those specified in\nsubsections (2), (3) and (4) so far as applicable to that place.\n\nConsumer Affairs and Fair Trading Act 1990 19\n(2) In the case of a place falling within section 20(1)(a)(i) or (d), the\nauthorised officer may:\n(a) inspect any goods, or partly manufactured or assembled\ngoods, and make such other inspections, and such searches,\nas the officer considers necessary; and\n(b) weigh, or otherwise measure, any goods; and\n(c) open any room, container or package which the officer\nbelieves on reasonable grounds to contain goods; and\n(d) seize without payment, and detain, any goods which the\nofficer believes on reasonable grounds are intended for\nsupply, or have been supplied, in circumstances constituting\nan offence against section 197(1) of the Australian Consumer\nLaw (NT); and\n(e) take (otherwise than by way of seizure under paragraph (d))\nany goods, or partly manufactured or assembled goods, for\nwhich the officer undertakes on behalf of the Commissioner\nthat a fair price will be paid; and\n(f) take a sample of anything from which goods are manufactured\nor produced in that place.\n(3) In the case of a place falling within section 20(1)(b), the authorised\nofficer may inspect any motor vehicle there which is offered or\ndisplayed for sale, or which the authorised officer believes on\nreasonable grounds may be there for the purposes of sale.\n(4) In the case of any of the places referred to in section 20(1), the\nauthorised officer may:\n(a) ask questions of any person found there; and\n(b) require the production of documents; and\n(ba) require the production of passwords for the purposes of\ngaining access to computers or other electronic devices or\ndocuments; and\n(c) inspect and require explanations of any document; and\n(d) take copies of or extracts from any document or, if in the\nofficer's opinion it is not appropriate for copies or extracts to\nbe taken at the place, remove a document for a reasonable\ntime to enable copies or extracts to be taken.\n\nConsumer Affairs and Fair Trading Act 1990 20\n(5) If an authorised officer seizes goods under subsection (2)(d) and:\n(a) proceedings for an offence against section 197(1), (2), (3)\nor (5) of the Australian Consumer Law (NT) in connection with\nthe goods are not instituted within 6 months after their seizure;\nor\n(b) proceedings for such an offence are instituted within that\nperiod but the defendant is not on the determination of those\nproceedings (whether or not within that period) found guilty of\nan offence;\nthe person from whom the goods were seized is, on application to\nthe Commissioner, entitled to their return.\n(6) If an application for the return of goods is not made within 3 months\nafter the entitlement to their return arises, the Commissioner may\ndispose of the goods as the Commissioner thinks fit.\n(7) If, in proceedings for an offence against section 197(1), (2), (3)\nor (5) of the Australian Consumer Law (NT), the court finds the\noffence proved, and to have concerned goods seized under\nsubsection (2)(d), the court may order that the goods be forfeited to\nthe Territory.\n","sortOrder":27},{"sectionNumber":"22","sectionType":"section","heading":"Power to obtain information, documents and evidence","content":"22 Power to obtain information, documents and evidence\n(1) Where a person who is an authorised officer for the purposes of a\nPart of this Act believes on reasonable grounds that another person\nis capable of furnishing information, producing documents or giving\nevidence in relation to a possible contravention of that Part, or of\nregulations or a code of practice made for the purposes of or\nprescribed under that Part, he or she may serve on that other\nperson a notice under subsection (2).\n(2) A notice under this subsection may require the person on whom it is\nserved:\n(a) to furnish in writing to the Commissioner, within the time and\nin the manner specified in the notice, any information referred\nto in subsection (1) of which that person has knowledge; or\n(b) to produce to the Commissioner, in accordance with the\nnotice, any documents referred to in subsection (1); or\n(c) to appear before the Commissioner at a time and place\nspecified in the notice, and give any evidence referred to in\nsubsection (1) and produce any documents so referred to.\n\nConsumer Affairs and Fair Trading Act 1990 21\n(3) Where a document has been produced in response to a notice\nunder subsection (2), the Commissioner may:\n(a) inspect the document and take copies of or extracts from it;\nand\n(b) if the person otherwise entitled to possession of the document\nis supplied as soon as practicable with a copy certified by the\nCommissioner to be a true copy, retain possession of the\ndocument for as long as is necessary for the purposes of this\nAct.\n(4) A certified copy of a document provided under subsection (3)(b) is\nadmissible in all courts as if it were the original.\n(5) Until a certified copy of a document is provided under\nsubsection (3)(b), the Commissioner shall, at such times and places\nas the Commissioner thinks appropriate, permit the person\notherwise entitled to possession of the document, or a person\nauthorised by that person, to inspect the document and take copies\nof or extracts from it.\n","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Offences","content":"23 Offences\n(1) A person shall not:\n(a) hinder or obstruct an authorised officer in the exercise by the\nofficer of a power conferred by this Part; or\n(b) assault, or directly or indirectly threaten, an authorised officer\nwhile the officer is exercising a power conferred by this Part;\nor\n(c) impersonate an authorised officer.\n(2) A person who:\n(a) fails to answer a question asked by an authorised officer\npursuant to section 21(4)(a); or\n(b) fails to comply with a requirement of an authorised officer\nunder section 21(4)(b) or (c); or\n\nConsumer Affairs and Fair Trading Act 1990 22\n(c) fails to comply with a notice under section 22(2);\nis, to the extent that the person is capable of answering the\nquestion or complying with the requirement or notice (but subject, in\na case falling within paragraph (a) or (b), to subsection (3)) guilty of\n(3) A person is not guilty of an offence by reason of a failure mentioned\nin subsection (2)(a) or (b) unless, before the failure, the authorised\nofficer warned the person that it would be an offence for the person\nnot to answer the question or, as the case may be, comply with the\nrequirement.\n(4) A person who:\n(a) gives to a question asked by an authorised officer pursuant to\nsection 21(4)(a) an answer that the person knows to be false\nor misleading in a material particular; or\n(b) gives pursuant to a requirement of an authorised officer under\nsection 21(4)(c) an explanation that the person knows to be\nfalse or misleading in a material particular; or\n(c) in purported compliance with a notice under section 22(2),\nknowingly furnishes information, produces a document or\ngives evidence that is false or misleading in a material\n","sortOrder":29},{"sectionNumber":"24","sectionType":"section","heading":"Self-incrimination","content":"24 Self-incrimination\nA person is not excused from:\n(a) answering a question asked by an authorised officer pursuant\nto section 21(4)(a); or\n\nConsumer Affairs and Fair Trading Act 1990 23\n(b) producing a document or giving an explanation of a document\npursuant to a requirement of an authorised officer under\nsection 21(4)(b) or (c); or\n(c) furnishing information, producing a document or giving\nevidence in response to a notice under section 22(2);\non the ground that the answer, document, explanation, information\nor evidence may tend to incriminate the person or make the person\nliable to a penalty, but an answer, document, explanation,\ninformation or evidence given, produced or furnished as mentioned\nin any of paragraphs (a) to (c) is inadmissible against the person in\ncriminal proceedings other than proceedings for an offence against\nthis Act.\n","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Interpretation","content":"25 Interpretation\napplication law means:\n(a) a law of a participating jurisdiction that applies the Australian\nConsumer Law, either with or without modifications, as a law\nof the participating jurisdiction; or\n(b) any regulations or other legislative instrument made under a\nlaw described in paragraph (a); or\n(c) the Australian Consumer Law, applying as a law of the\nparticipating jurisdiction, either with or without modifications.\nAustralian Consumer Law means (according to the context):\n(a) the Australian Consumer Law text; or\n(b) the Australian Consumer Law text, applying as a law of a\nparticipating jurisdiction, either with or without modifications.\nAustralian Consumer Law text means the text described in\nsection 26.\ninstrument means any document whatever, including the following:\n(a) an Act or an instrument made under an Act;\n\nConsumer Affairs and Fair Trading Act 1990 24\n(b) a law of this jurisdiction or an instrument made under such a\nlaw;\n(c) an award or other industrial determination or order, or an\nindustrial agreement;\n(d) any other order (whether executive, judicial or otherwise);\n(e) a notice, certificate or licence;\n(f) an agreement;\n(g) an application made, information or complaint laid, affidavit\nsworn, or warrant issued, for any purpose;\n(h) an indictment, presentment, summons or writ;\n(i) any other pleading in, or process issued in connection with, a\nlegal or other proceeding.\nIntergovernmental Agreement means the Intergovernmental\nAgreement for the Australian Consumer Law made on 2 July 2009\nbetween the Commonwealth, the State of New South Wales, the\nState of Victoria, the State of Queensland, the State of Western\nAustralia, the State of South Australia, the State of Tasmania, the\nAustralian Capital Territory and the Northern Territory of Australia,\nas in force for the time being.\njurisdiction means a State or the Commonwealth.\nlaw, in relation to a Territory, means a law of, or in force in, that\nTerritory.\nmodifications includes additions, omissions and substitutions.\nmonth means a period commencing at the beginning of a day of\none of the 12 months of the year and ending immediately before the\nbeginning of the corresponding day of the next month or, if there is\nno such corresponding day, ending at the expiration of the next\nmonth.\nparticipating jurisdiction means a jurisdiction that is a party to the\nIntergovernmental Agreement and applies the Australian Consumer\nLaw as a law of the jurisdiction, either with or without modifications.\nState includes a Territory.\nTerritory means the Australian Capital Territory or Northern\nTerritory of Australia.\n\nConsumer Affairs and Fair Trading Act 1990 25\nthis jurisdiction means the Territory.\n(2) Terms used in this Part and also in the Australian Consumer\nLaw (NT) have the same meanings in this Part as they have in that\nLaw.\n(3) For this Part:\n(a) a jurisdiction is taken to have applied the Australian Consumer\nLaw as a law of the jurisdiction if a law of the jurisdiction\nsubstantially corresponds to the provisions of the Australian\nConsumer Law text, as in force from time to time; and\n(b) that corresponding law is taken to be the Australian Consumer\nLaw, or the Australian Consumer Law text, applying as a law\nof that jurisdiction.\n","sortOrder":31},{"sectionNumber":"26","sectionType":"section","heading":"Australian Consumer Law text","content":"26 Australian Consumer Law text\nThe Australian Consumer Law text consists of:\n(a) Schedule 2 to the Competition and Consumer Act 2010 (Cth);\nand\n(b) the regulations under section 139G of that Act.\n","sortOrder":32},{"sectionNumber":"27","sectionType":"section","heading":"Application of Australian Consumer Law","content":"27 Application of Australian Consumer Law\n(1) The Australian Consumer Law text, as in force from time to time:\n(a) applies as a law of this jurisdiction; and\n(b) as so applying may be referred to as the Australian Consumer\nLaw (NT); and\n(c) as so applying is a part of this Act.\n(2) This section has effect subject to sections 28, 29 and 30.\n","sortOrder":33},{"sectionNumber":"28","sectionType":"section","heading":"Future modifications of Australian Consumer Law text","content":"28 Future modifications of Australian Consumer Law text\n(1) A modification made by a Commonwealth law to the Australian\nConsumer Law text after the commencement of this section does\nnot apply under section 27 if the modification is declared by\nregulation to be excluded from the operation of that section.\n(2) A regulation under subsection (1) has effect only if its making is\nnotified no later than 2 months after the date of the modification.\n\nConsumer Affairs and Fair Trading Act 1990 26\n(3) Subsection (1) ceases to apply to the modification if a further\nregulation so provides.\n(4) For this section, the date of the modification is the date on which\nthe Commonwealth Act effecting the modification receives the\nRoyal Assent or the regulation effecting the modification is\nregistered under the Legislative Instruments Act 2003 (Cth).\n","sortOrder":34},{"sectionNumber":"29","sectionType":"section","heading":"Meaning of regulator in Australian Consumer Law for","content":"29 Meaning of regulator in Australian Consumer Law for\npurposes of this jurisdiction\nIn the Australian Consumer Law (NT):\nregulator means the following:\n(a) for Part 3-3 – the Commissioner or the Australian Competition\nand Consumer Commission (ACCC) established by\nsection 6A of the Competition and Consumer Act 2010 (Cth);\n(b) for Parts 5-1 and 5-2:\n(i) in relation to the enforcement of Part 3-3 – the ACCC; or\n(ii) otherwise – the Commissioner;\n(c) for the remaining provisions – the Commissioner.\n","sortOrder":35},{"sectionNumber":"30","sectionType":"section","heading":"Interpretation of Australian Consumer Law","content":"30 Interpretation of Australian Consumer Law\n(1) The Acts Interpretation Act 1901 (Cth) applies as a law of this\njurisdiction to the Australian Consumer Law (NT).\n(2) For subsection (1), the Commonwealth Act mentioned in that\nsubsection applies as if:\n(a) the statutory provisions in the Australian Consumer Law (NT)\nwere a Commonwealth Act; and\n(b) the regulations in the Australian Consumer Law (NT) or\ninstruments under that Law were regulations or instruments\nunder a Commonwealth Act.\n(3) The Interpretation Act 1978 does not apply to:\n(a) the Australian Consumer Law (NT); or\n(b) any instrument under that Law.\n\nConsumer Affairs and Fair Trading Act 1990 27\n","sortOrder":36},{"sectionNumber":"31","sectionType":"section","heading":"Application of Australian Consumer Law","content":"31 Application of Australian Consumer Law\n(1) The Australian Consumer Law (NT) applies to and in relation to:\n(a) persons carrying on business within this jurisdiction; or\n(b) bodies corporate incorporated or registered under the law of\nthis jurisdiction; or\n(c) persons ordinarily resident in this jurisdiction; or\n(d) persons otherwise connected with this jurisdiction.\n(2) Subject to subsection (1), the Australian Consumer Law (NT)\nextends to conduct, and other acts, matters and things, occurring or\nexisting outside or partly outside this jurisdiction (whether within or\noutside Australia).\n","sortOrder":37},{"sectionNumber":"Div 3","sectionType":"division","heading":"References to Australian Consumer Law","content":"Division 3 References to Australian Consumer Law\n","sortOrder":38},{"sectionNumber":"32","sectionType":"section","heading":"References to Australian Consumer Law","content":"32 References to Australian Consumer Law\n(1) A reference in any instrument to the Australian Consumer Law is a\nreference to the Australian Consumer Law of any or all of the\nparticipating jurisdictions.\n(2) Subsection (1) has effect except so far as the contrary intention\nappears in the instrument or the context of the reference otherwise\nrequires.\n","sortOrder":39},{"sectionNumber":"33","sectionType":"section","heading":"References to Australian Consumer Law of other jurisdictions","content":"33 References to Australian Consumer Law of other jurisdictions\n(1) This section has effect for an Act, a law of this jurisdiction or an\ninstrument under an Act or such a law.\n(2) If a law of a participating jurisdiction other than this jurisdiction\nprovides that the Australian Consumer Law text as in force from\ntime to time applies as a law of that jurisdiction, the Australian\nConsumer Law of that jurisdiction is the Australian Consumer Law\ntext, applying as a law of that jurisdiction.\n","sortOrder":40},{"sectionNumber":"34","sectionType":"section","heading":"Division does not apply to Commonwealth","content":"34 Division does not apply to Commonwealth\nIn this Division, participating jurisdiction or other jurisdiction\ndoes not include the Commonwealth.\n\nConsumer Affairs and Fair Trading Act 1990 28\n","sortOrder":41},{"sectionNumber":"35","sectionType":"section","heading":"Application law of this jurisdiction","content":"35 Application law of this jurisdiction\nThe application law of this jurisdiction binds (so far as the legislative\npower of Parliament permits) the Crown in right of this jurisdiction\nand of each other jurisdiction, so far as the Crown carries on a\nbusiness, either directly or by an authority of the jurisdiction\nconcerned.\n","sortOrder":42},{"sectionNumber":"36","sectionType":"section","heading":"Application law of other jurisdictions","content":"36 Application law of other jurisdictions\n(1) The application law of each participating jurisdiction other than this\njurisdiction binds the Crown in right of this jurisdiction, so far as the\nCrown carries on a business, either directly or by an authority of\nthis jurisdiction.\n(2) If, because of this Part, a provision of the law of another\nparticipating jurisdiction binds the Crown in right of this jurisdiction,\nthe Crown in that right is subject to that provision despite any\nprerogative right or privilege.\n","sortOrder":43},{"sectionNumber":"37","sectionType":"section","heading":"Activities that are not business","content":"37 Activities that are not business\n(1) For sections 35 and 36, the following do not amount to carrying on\na business:\n(a) imposing or collecting:\n(i) taxes; or\n(ii) levies; or\n(iii) fees for authorisations;\n(b) granting, refusing to grant, revoking, suspending or varying\nauthorisations (whether or not they are subject to conditions);\n(c) a transaction involving:\n(i) only persons who are all acting for the Crown in the\nsame right (and none of whom is an authority of a State);\nor\n(ii) only persons who are all acting for the same authority of\na State; or\n(iii) only the Crown in right of a State and one or more\nnon-commercial authorities of that State; or\n(iv) only non-commercial authorities of the same State;\n\nConsumer Affairs and Fair Trading Act 1990 29\n(d) the acquisition of primary products by a government body\nunder legislation, unless the acquisition occurs because:\n(i) the body chooses to acquire the products; or\n(ii) the body has not exercised a discretion that it has under\nthe legislation that would allow it not to acquire the\nproducts.\n(2) Subsection (1) does not limit the things that do not amount to\ncarrying on a business for sections 35 and 36.\n(3) In this section:\nacquisition of primary products by a government body under\nlegislation includes vesting of ownership of primary products in a\ngovernment body by legislation.\nauthorisation means a licence, permit, certificate or other\nauthorisation that allows the holder of the authorisation to supply\ngoods or services.\ngovernment body means a State or an authority of a State.\nprimary products means:\n(a) agricultural or horticultural produce; or\n(b) crops, whether on or attached to the land or not; or\n(c) animals (whether dead or alive); or\n(d) the bodily produce (including natural increase) of animals.\n(4) For this section, an authority of a State is non-commercial if:\n(a) it is constituted by only one person; and\n(b) it is neither a trading corporation nor a financial corporation.\n","sortOrder":44},{"sectionNumber":"38","sectionType":"section","heading":"Crown not liable to pecuniary penalty or prosecution","content":"38 Crown not liable to pecuniary penalty or prosecution\n(1) Nothing in the application law of this jurisdiction makes the Crown\nin any capacity liable to a pecuniary penalty or to be prosecuted for\n(2) Without limiting subsection (1), nothing in the application law of a\nparticipating jurisdiction makes the Crown in right of this jurisdiction\nliable to a pecuniary penalty or to be prosecuted for an offence.\n\nConsumer Affairs and Fair Trading Act 1990 30\n(3) The protection in subsection (1) or (2) does not apply to an\nauthority of any jurisdiction.\n","sortOrder":45},{"sectionNumber":"39","sectionType":"section","heading":"Conferral of functions and powers on certain bodies","content":"39 Conferral of functions and powers on certain bodies\n(1) The authorities and officers of the Commonwealth referred to in the\nAustralian Consumer Law (NT) have the functions and powers\nconferred or expressed to be conferred on them under the\nAustralian Consumer Law (NT).\n(2) In addition to the powers mentioned in subsection (1), the\nauthorities and officers referred to in that subsection have power to\ndo all things necessary or convenient to be done in connection with\nthe performance of the functions and exercise of the powers\nreferred to in that subsection.\n","sortOrder":46},{"sectionNumber":"40","sectionType":"section","heading":"No doubling-up of liabilities","content":"40 No doubling-up of liabilities\n(1) An offender is not liable to be punished for an offence against the\nAustralian Consumer Law (NT) if:\n(a) an act or omission is an offence against the Australian\nConsumer Law (NT) and also an offence against an\napplication law of another participating jurisdiction; and\n(b) the offender has been punished for the offence under the\napplication law of the other jurisdiction.\n(2) If a person has been ordered to pay a pecuniary penalty under the\napplication law of another participating jurisdiction, the person is not\nliable to a pecuniary penalty under the Australian Consumer\nLaw (NT) in respect of the same conduct.\n","sortOrder":47},{"sectionNumber":"Part 5","sectionType":"part","heading":"Provisions supporting application of Australian","content":"Part 5 Provisions supporting application of Australian\nConsumer Law in Territory\n","sortOrder":48},{"sectionNumber":"41","sectionType":"section","heading":"Application of Criminal Code","content":"41 Application of Criminal Code\n(1) Part IIAA of the Criminal Code applies to an offence against the\nAustralian Consumer Law (NT).\nNote for subsection (1)\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n\nConsumer Affairs and Fair Trading Act 1990 31\n(2) However, the following provisions of the Criminal Code do not apply\nto an offence against the Australian Consumer Law (NT):\n(a) section 43AX;\n(b) Part IIAA, Division 5.\nNote for subsection (2)(a)\nSection 207 of the Australian Consumer Law (NT) provides a mistake of fact\ndefence for offences under Chapter 4 of that Law.\n","sortOrder":49},{"sectionNumber":"42","sectionType":"section","heading":"Finding in proceedings to be evidence","content":"42 Finding in proceedings to be evidence\n(1) In an action against a person under section 236(1) of the Australian\nConsumer Law (NT), or in proceedings for an order against a\nperson under section 237(1) or 239(1) of the Australian Consumer\nLaw (NT):\n(a) a finding of a fact by a court to which subsection (2) applies is\nevidence of that fact; and\n(b) the finding may be proved by production of a document under\nthe seal of the court from which the finding appears.\n(2) This subsection applies to a finding of a fact by a court that is made\nin proceedings under section 228, 232, 246, 247 or 248 of the\nAustralian Consumer Law (NT), or for an offence against a\nprovision of Chapter 4 of the Australian Consumer Law (NT), in\nwhich the person has been found:\n(a) to have contravened a provision of Chapter 2, 3 or 4 of the\n(b) to have attempted to contravene such a provision; or\n(c) to have aided, abetted, counselled or procured a person to\ncontravene such a provision; or\n(d) to have induced, or attempted to induce, a person, whether by\nthreats or promises or otherwise, to contravene such a\nprovision; or\n(e) to have been in any way, directly or indirectly, knowingly\nconcerned in, or party to, the contravention by a person of\nsuch a provision; or\n(f) to have conspired with others to contravene such a provision.\n\nConsumer Affairs and Fair Trading Act 1990 32\n","sortOrder":50},{"sectionNumber":"43","sectionType":"section","heading":"Conduct of directors, employees or agents of bodies corporate","content":"43 Conduct of directors, employees or agents of bodies corporate\n(1) If, in a proceeding under this Part or the Australian Consumer Law\n(NT), it is necessary to establish the state of mind of a body\ncorporate in relation to particular conduct, it is sufficient to show:\n(a) that the conduct was engaged in by a director, employee or\nagent of the body corporate within the scope of his or her\nactual or apparent authority; and\n(b) that the director, employee or agent had the relevant state of\nmind.\n(2) Any of the following conduct that is engaged in on behalf of a body\ncorporate is taken, for this Part and the Australian Consumer\nLaw (NT), to have been engaged in also by the body corporate:\n(a) conduct engaged in by a director, employee or agent of the\nbody corporate within the scope of the actual or apparent\nauthority of the director, employee or agent;\n(b) conduct engaged in by any other person if:\n(i) the conduct is engaged in at the direction or with the\nconsent or agreement (whether express or implied) of a\ndirector, employee or agent of the body corporate; and\n(ii) the giving of the direction, consent or agreement is\ndirector, employee or agent.\n","sortOrder":51},{"sectionNumber":"44","sectionType":"section","heading":"Conduct of employees or agents of persons other than bodies","content":"44 Conduct of employees or agents of persons other than bodies\ncorporate\n(1) If, in a proceeding under this Part or the Australian Consumer Law\n(NT), it is necessary to establish the state of mind of a person other\nthan a body corporate (the principal) in relation to particular\nconduct, it is sufficient to show:\n(a) that the conduct was engaged in by an employee or agent of\nthe principal within the scope of his or her actual or apparent\nauthority; and\n(b) that the employee or agent had the relevant state of mind.\n\nConsumer Affairs and Fair Trading Act 1990 33\n(2) Any of the following conduct that is engaged in on behalf of a\nperson other than a body corporate (the principal) is taken, for this\nPart and the Australian Consumer Law (NT), to have been engaged\nin also by the principal:\n(a) conduct engaged in by an employee or agent of the principal\nemployee or agent;\n(b) conduct engaged in by any other person if:\n(i) the conduct is engaged in at the direction or with the\nconsent or agreement (whether express or implied) of an\nemployee or agent of the principal; and\n(ii) the giving of the direction, consent or agreement is\nemployee or agent.\n(3) However, an individual is not liable to be punished by imprisonment\nfor an offence if:\n(a) subsection (1) or (2) applied in relation to the conviction for the\noffence on the basis that the individual was the principal\nmentioned in the subsection; and\n(b) the individual would not have been convicted of the offence if\nthe subsection had not been enacted.\n","sortOrder":52},{"sectionNumber":"45","sectionType":"section","heading":"Court may make orders to preserve money or other property","content":"45 Court may make orders to preserve money or other property\n(1) A court may, on the application of the Minister or Commissioner,\nmake an order or orders mentioned in subsection (3) if:\n(a) proceedings of a kind mentioned in subsection (2) have been\ntaken against a person, or proceedings of a kind mentioned in\nsubsection (2)(d) may be taken against a person; and\n(b) the court is satisfied it is necessary or desirable to make the\norder or orders for the purpose of preserving money or other\nproperty held by, or on behalf of, the person if the person is\nliable, or may become liable, under the Australian Consumer\nLaw (NT):\n(i) to pay money by way of a fine, damages, compensation,\nrefund or otherwise; or\n(ii) to transfer, sell or refund other property; and\n\nConsumer Affairs and Fair Trading Act 1990 34\n(c) the court is satisfied the making of such an order or orders will\nnot unduly prejudice the rights and interests of any other\nperson.\n(2) For subsection (1)(a), the kinds of proceedings taken against the\nperson are:\n(a) proceedings against the person for an offence against a\nprovision of Chapter 4 of the Australian Consumer Law (NT);\nor\n(b) an application under section 232 of the Australian Consumer\nLaw (NT) for an injunction against the person in relation to:\n(i) a contravention of a provision of Chapter 2, 3 or 4 of the\n(ii) a term of a consumer contract in relation to which a\ndeclaration under section 250 of the Australian\nConsumer Law (NT) has been made; or\n(c) an action under section 236(1) of the Australian Consumer\nLaw (NT) against the person in relation to a contravention of a\nprovision of Part 2-1 or Chapter 3 of the Australian Consumer\nLaw (NT); or\n(d) an application for an order under section 237(1) or 239(1) of\nthe Australian Consumer Law (NT) against a person in relation\nto:\n(i) a contravention of a provision of Chapter 2, 3 or 4 of the\n(ii) a term of a consumer contract in relation to which a\ndeclaration under section 250 of the Australian\nConsumer Law (NT) has been made.\n(3) The court may make the following orders under subsection (1) in\nrelation to money or other property held by, or on behalf of, a\nperson (the respondent):\n(a) an order prohibiting, either absolutely or subject to conditions,\na person who is indebted to the respondent, or to an associate\nof the respondent, from making a payment, in total or partial\ndischarge of the debt:\n(i) to the respondent; or\n(ii) to another person at the direction or request of the\nrespondent;\n\nConsumer Affairs and Fair Trading Act 1990 35\n(b) an order prohibiting, either absolutely or subject to conditions,\na person who is holding money or other property on behalf of\nthe respondent, or on behalf of an associate of the\nrespondent:\n(i) from paying all or any of the money to the respondent, or\nto another person at the direction or request of the\nrespondent; or\n(ii) from transferring the other property to the respondent, or\nto another person at the direction or request of the\nrespondent, or otherwise parting with possession of that\nproperty;\n(c) an order prohibiting, either absolutely or subject to conditions,\nthe taking or sending by any person of money of the\nrespondent, or of an associate of the respondent, to a place\noutside the Territory;\n(d) an order prohibiting, either absolutely or subject to conditions,\nthe taking, sending or transfer by any person of other property\nof the respondent, or of an associate of the respondent, to a\nplace outside the Territory;\n(e) if the respondent is an individual – an order appointing a\nreceiver or trustee of the property, or part of the property, of\nthe respondent with such powers as are specified in the order.\n(4) If the court makes such an order, the order operates:\n(a) for the period specified in the order, which must not be longer\nthan 30 days if the order is made in the absence of the person\nagainst whom it is sought; or\n(b) if proceedings in relation to which the order is made are\nconcluded before the end of that period – until the conclusion\nof those proceedings.\n(5) A person must not engage in conduct that results in a contravention\nof an order made under this section.\n(6) This section:\n(a) has effect subject to the Bankruptcy Act 1966 (Cth); and\n(b) does not affect any other powers of the court.\n\nConsumer Affairs and Fair Trading Act 1990 36\n(7) In this section:\nassociate, of a person (the relevant person), means:\n(a) a person holding money or other property on behalf of the\nrelevant person; or\n(b) if the relevant person is a body corporate – a wholly owned\nsubsidiary (as defined in the Corporations Act 2001) of the\nrelevant person.\n","sortOrder":53},{"sectionNumber":"46","sectionType":"section","heading":"Application of Australian Consumer Law (NT) to bills for legal","content":"46 Application of Australian Consumer Law (NT) to bills for legal\nservices under Legal Profession Act 2006\n(1) This section applies if:\n(a) apart from this section, under section 101 of the Australian\nConsumer Law (NT) a person is entitled, as a consumer, to\nrequest the supplier of legal services to give the consumer an\nitemised bill, complying with that section, relating to the legal\n(b) under section 327 of the Legal Profession Act 2006, the\nperson is entitled to request a law practice to give the person\nan itemised bill relating to the legal services.\n(2) Section 101 of the Australian Consumer Law (NT) ceases to apply\nto the legal services.\n","sortOrder":54},{"sectionNumber":"48","sectionType":"section","heading":"Limitation of liability in relation to supply of recreational","content":"48 Limitation of liability in relation to supply of recreational\nservices\n(1) A term of a contract for the supply by a person of recreational\nservices is not void under section 64 of the Australian Consumer\nLaw (NT) by reason only that the term excludes, restricts or\nmodifies, or has the effect of excluding, restricting or modifying:\n(a) the application of all or any of the provisions of Part 3-2,\nDivision 1, Subdivision B of the Australian Consumer Law\n(NT) to the supply of the recreational services under the\ncontract; or\n(b) the exercise of a right conferred by such a provision in relation\nto the supply of the recreational services under the contract; or\n(c) any liability of the supplier of the recreational services for a\nfailure to comply with a guarantee under that Subdivision in\nrelation to the supply of the recreational services under the\ncontract;\n\nConsumer Affairs and Fair Trading Act 1990 37\nso long as:\n(d) the exclusion, restriction or modification is limited to liability for\ndeath or personal injury; and\n(e) the exclusion, restriction or modification is disclosed to the\nperson entering into the contract for the recreational services\nin such a manner that the person:\n(i) should be aware of the general effect of the exclusion,\nrestriction or modification; and\n(ii) has a reasonable opportunity to consider whether or not\nto enter into the contract on that basis.\n(2) For subsection (1)(e), the disclosure may be made:\n(a) in writing (whether by prominent signage, written notice\nhanded to the person or other means); or\n(b) orally (including, if practicable, an enquiry of the person that\nhe or she understands and accepts the effect of the exclusion,\nrestriction or modification); or\n(c) by a combination of writing and orally;\nas appropriate in the circumstances.\n(3) In this section:\ndisease includes any physical or mental ailment, disorder, defect or\nmorbid condition, whether of sudden onset or gradual development\nand whether of genetic or other origin.\ninjury means any physical or mental injury.\npersonal injury means:\n(a) an injury of an individual (including the aggravation,\nacceleration or recurrence of an injury of the individual); or\n(b) the contraction, aggravation, acceleration or recurrence of a\ndisease of an individual; or\n(c) the coming into existence, the aggravation, acceleration or\nrecurrence of any other condition, circumstance, occurrence,\nactivity, form of behaviour, course of conduct or state of affairs\nin relation to an individual that is or may be harmful or\ndisadvantageous to, or result in harm or disadvantage to:\n(i) the individual; or\n\nConsumer Affairs and Fair Trading Act 1990 38\n(ii) the community.\nrecreational services means services that consist of participation\nin:\n(a) a sporting activity or a similar leisure-time pursuit; or\n(b) any other activity that:\n(i) involves a significant degree of physical exertion or\nphysical risk; and\n(ii) is undertaken for the purposes of recreation, enjoyment\nor leisure.\n(4) The definition of injury in subsection (3) does not, by implication,\naffect the meaning of the expression injury when used in a\nprovision of this Act other than this section.\n","sortOrder":55},{"sectionNumber":"114","sectionType":"section","heading":"Interpretation of Part 8","content":"114 Interpretation of Part 8\nfile means any repository or record in which information relating to\nany person is recorded or retained, in any manner or form, by a\nreporting agency.\npremises includes land.\nprescribed benefit means:\n(a) a benefit of a commercial nature; or\n(b) a benefit in or affecting employment; or\n(c) a lease of premises or a licence conferring a right to occupy\npremises.\nprescribed report means a communication made to a trader by a\nreporting agency or another trader of information relating to a\nperson, not being a communication made with the knowledge of,\nand of information known to, that person.\nreporting agency means a person who carries on the business of\nproviding information relating to other persons.\n\nConsumer Affairs and Fair Trading Act 1990 39\ntrader means a person who, in the course of a business, supplies\nor offers to supply goods or services, or sells or lets or offers to sell\nor let premises.\n(2) For this Part, where a prescribed report consists of a\ncommunication by electronic or mechanical means (except by\ntelephone or other means of voice transmission) the report shall be\nregarded as being written.\n","sortOrder":56},{"sectionNumber":"115","sectionType":"section","heading":"Application of Part 8","content":"115 Application of Part 8\nThis Part applies to and in relation to a reporting agency or trader\nwhere:\n(a) the reporting agency or trader provides a prescribed report to\na person carrying on business or letting premises in the\nTerritory; and\n(b) the person to whom the report relates is domiciled or resident\nin the Territory.\n","sortOrder":57},{"sectionNumber":"116","sectionType":"section","heading":"Procedures in respect of prescribed reports","content":"116 Procedures in respect of prescribed reports\n(1) A reporting agency or trader must adopt all procedures reasonably\npracticable for ensuring accuracy and fairness in the contents of\nprescribed reports provided by the agency or trader.\n(2) A reporting agency or trader must not include in a prescribed report:\n(a) any information based on evidence that is not the best\nevidence reasonably available; or\n(b) any unfavourable personal information based on hearsay\nevidence, unless the agency or trader has made reasonable\nefforts to substantiate the evidence on which the information is\nbased and, if the information is unsubstantiated, the lack of\nsubstantiation is stated in the report in which the information is\ngiven.\n(3) A reporting agency or trader must not include in a prescribed report\nany information as to the race, colour or religious or political belief\nor affiliation of any person.\n\nConsumer Affairs and Fair Trading Act 1990 40\n(4) Subsection (5) applies to a reporting agency or trader upon whom a\nnotice of objection is served by a person under section 119.\n(5) If the reporting agency or trader provides a prescribed report in\nrelation to the person before the agency or trader has determined\nthe matters raised by the person's objection, the agency or trader\nmust include in the report a statement to the effect that those\nmatters are subject to an objection under section 119.\n(6) Subsection (7) applies to a reporting agency or trader who is a\nrespondent to an application to NTCAT made by a person under\nsection 119A.\n(7) If the reporting agency or trader provides a prescribed report in\nrelation to the person before NTCAT has determined the matters\nraised by the person's application, the agency or trader must\ninclude in the report a statement to the effect that those matters are\nsubject to an application under section 119A.\n","sortOrder":58},{"sectionNumber":"117","sectionType":"section","heading":"Duty of trader to disclose receipt of prescribed report","content":"117 Duty of trader to disclose receipt of prescribed report\nWhere a trader:\n(a) denies a prescribed benefit sought by a person; or\n(b) grants a prescribed benefit sought by a person, but on terms\nless favourable than those on which the trader grants similar\nbenefits to other persons in the course of the trader's\nbusiness;\nand the trader has during the last preceding 6 months received a\nprescribed report in relation to that person, the trader shall, if that\nperson asks in writing whether such a report has been so received:\n(c) inform the person that the trader has received the report; and\n(d) give the person the name and address of the reporting agency\nor trader who provided the report.\n\nConsumer Affairs and Fair Trading Act 1990 41\n","sortOrder":59},{"sectionNumber":"118","sectionType":"section","heading":"Duty of disclosure of reporting agencies","content":"118 Duty of disclosure of reporting agencies\n(1) A reporting agency shall, on the written application of a person in\nrelation to whom the agency has recorded information, disclose to\nthat person without charge:\n(a) all information in its files relating to that person at the time of\nthe request; and\n(b) the name and address of every person to whom a prescribed\nreport relating to that person has been provided within the\nyear preceding the date of the request; and\n(c) a copy of every such prescribed report that was in writing.\n(2) A reporting agency may require a person seeking disclosure of\ninformation under this section to produce reasonable evidence of\nthe person's identity.\n(3) A reporting agency shall take reasonable steps to ensure that\ninformation to which a person is entitled under this section is\ndisclosed in a form that is readily intelligible to that person and shall\npermit that person to make a copy of, or take an extract from, the\ninformation so disclosed.\n(4) A reporting agency shall not require a person to give any\nundertaking, or to waive any right that the person may have, as a\ncondition of disclosing information under this section.\n\nConsumer Affairs and Fair Trading Act 1990 42\n","sortOrder":60},{"sectionNumber":"119","sectionType":"section","heading":"Correction of errors","content":"119 Correction of errors\n(1) A person who disputes the accuracy or completeness of any\ninformation compiled by a reporting agency in relation to the person\nor included in a prescribed report relating to the person provided by\na reporting agency or trader may, by written notice served on the\nagency or trader, object to the inaccuracy or incompleteness of the\ninformation.\n(2) If a person serves a notice of objection on a reporting agency or\ntrader under subsection (1), the reporting agency or trader must,\nwithin a reasonable time, use their best endeavours to verify or\nsupplement the information in accordance with good practice.\n(3) A reporting agency or trader who is served a notice of objection\nunder subsection (1) must, within 30 days after service of the\nnotice, give the person who made the objection a written response\nstating:\n(a) whether the agency or trader has made any alteration to the\ninformation relating to the person by amendment or\nsupplementation to, or deletion from, the information; and\n(b) if an alteration to the information has been made by the\nagency or trader – the nature of the alteration.\n(4) If information is altered under this section by amendment,\nsupplementation or deletion, the following provisions apply:\n(a) if the alteration is made by a reporting agency – the agency\nmust give written notice of the alteration to:\n(i) every person provided by the agency with a prescribed\nreport based on the information within 60 days before\nthe making of the alteration; and\n(ii) every person provided by the agency with such a\nprescribed report before the commencement of that\nperiod and nominated by the person to whom the\ninformation relates;\n\nConsumer Affairs and Fair Trading Act 1990 43\n(b) if the alteration is made by a trader – the trader must give\nwritten notice of the alteration to every person provided by\nthe trader with a prescribed report based on the information\nand nominated by the person to whom the information relates.\n","sortOrder":61},{"sectionNumber":"119A","sectionType":"section","heading":"Application to NTCAT for alteration to disputed information","content":"119A Application to NTCAT for alteration to disputed information\n(1) A person (an aggrieved person) who has served a notice of\nobjection on a reporting agency or trader (the respondent) under\nsection 119(1) may make an application under subsection (2) if the\naggrieved person:\n(a) does not receive a response from the respondent to the\nobjection within the period specified in section 119(3); or\n(b) is dissatisfied with any alteration to the information relating to\nthe person that was made or not made by the respondent in\nresponse to the objection.\n(2) An aggrieved person may apply to NTCAT for an order requiring\nthe respondent to make an alteration to the information relating to\nthe aggrieved person (the disputed information).\n(3) An application under subsection (2) is a matter within NTCAT's\noriginal jurisdiction.\n(4) On an application under subsection (2), if NTCAT is satisfied that\nthe disputed information is inaccurate or incomplete, NTCAT may:\n(a) order the respondent to alter the disputed information by\namendment, supplementation or deletion; and\n(b) order the respondent to give written notice of the alteration to\nthe disputed information to:\n(i) any person to whom the respondent has provided a\nprescribed report based on the information; or\n(ii) any other person specified by NTCAT in the order; and\n(c) make any other order that NTCAT considers appropriate to\nensure that the respondent complies with this Part.\n(5) Part 5, Division 1 of the Northern Territory Civil and Administrative\nTribunal Act 2014 does not apply to a decision made by NTCAT\nunder this section.\n\nConsumer Affairs and Fair Trading Act 1990 44\n","sortOrder":62},{"sectionNumber":"119B","sectionType":"section","heading":"Claims of privilege under this Part","content":"119B Claims of privilege under this Part\n(1) In a proceeding before NTCAT on an application under\nsection 119A(2):\n(a) sections 71 and 72 of the Northern Territory Civil and\nAdministrative Tribunal Act 2014 do not apply; and\n(b) a person is not excused from giving evidence or producing\nevidentiary material to NTCAT on the ground that the\nevidence or evidentiary material may tend to incriminate the\nperson in relation to an offence against this Part.\n(2) Any evidence given, or evidentiary material produced, by a person\nin the proceeding which may tend to incriminate the person in\nrelation to an offence against this Part is not admissible as\nevidence against the person in a criminal proceeding for an offence\nagainst this Part.\n","sortOrder":63},{"sectionNumber":"120","sectionType":"section","heading":"Qualified privilege","content":"120 Qualified privilege\n(1) Subject to subsection (2), a communication of information relating\nto the credit-worthiness of any person made:\n(a) to a reporting agency or trader; or\n(b) to a trader by a reporting agency or another trader;\nis protected by qualified privilege.\n(2) Subsection (1) does not apply where information is communicated\nin contravention of an order under this Part.\n","sortOrder":64},{"sectionNumber":"121","sectionType":"section","heading":"Offences","content":"121 Offences\nA person who:\n(b) contravenes an order made by NTCAT under section 119A(4);\nor\n(c) knowingly provides false or misleading information to another\nperson, being a person who is engaged in compiling\ninformation for a prescribed report; or\n(d) divulges information relating to another person from the files of\na reporting agency without proper authority to do so or except\nfor the purposes of legal proceedings; or\n(e) obtains information relating to another person from a reporting\nagency or trader by false pretences;\n\nConsumer Affairs and Fair Trading Act 1990 45\n","sortOrder":65},{"sectionNumber":"122","sectionType":"section","heading":"Powers of Local Court","content":"122 Powers of Local Court\n(1) The Local Court may, on the application of the Commissioner or\nany other person, make such orders against a reporting agency or\ntrader as may be necessary or expedient in the opinion of the Court\nto ensure that the reporting agency or trader complies with this\nPart.\n(2) Where a reporting agency or trader:\n(a) commits an offence against this Part; or\n(b) does any act which, in the opinion of the Local Court, shows\nthe agency or trader to be unfit to provide prescribed reports;\nthe Court may, on the application of the Commissioner, make an\norder:\n(c) prohibiting the agency or trader from providing prescribed\nreports; or\n(d) requiring the agency or trader to comply with conditions\nspecified in the order in relation to the provision of prescribed\nreports.\n(3) An order under subsection (1) or (2) is effective for such period as\nis specified in the order or until further order of the Court.\n(4) A reporting agency or trader that contravenes an order under\nsubsection (1) or (2) is guilty of an offence.\n\nConsumer Affairs and Fair Trading Act 1990 46\n","sortOrder":66},{"sectionNumber":"123","sectionType":"section","heading":"Interpretation","content":"123 Interpretation\napproved third-party trading scheme means a third-party trading\nscheme that has been approved under a corresponding law.\ncorresponding law means a law declared under subsection (2).\nprohibited third-party trading scheme means:\n(a) a third-party trading scheme to which a declaration under\nsection 124(2) relates; or\n(b) a trading stamp scheme under which a trading stamp is\nprovided or intended to be provided in connection with the\nsale of, or for the purpose of promoting the sale of, tobacco,\ncigarettes, cigars or other tobacco products.\nthird-party trading scheme means a scheme or arrangement\nunder which the acquisition of goods or services by a consumer\nfrom a supplier is a condition, or one of a number of conditions,\ncompliance with which gives rise, or apparently gives rise, to an\nentitlement to a benefit from a third party in the form of goods or\nservices or some discount, concession or advantage in connection\nwith the acquisition of goods or services.\ntrading stamp means a stamp, coupon, token, voucher, ticket or\nother thing:\n(a) which is provided or intended to be provided in connection\nwith the sale of, or for the purpose of promoting the sale of,\ngoods or services; or\n(b) by virtue of which the purchaser or any other person may\nbecome entitled to, or may qualify for, a prize, gift or other\nbenefit (whether the trading stamp constitutes an absolute\nentitlement or qualification or a conditional one only).\n(2) The Minister may, by Gazette notice, declare a law of the\nCommonwealth, a State or another Territory to be a corresponding\nlaw for the purposes of this Part.\n\nConsumer Affairs and Fair Trading Act 1990 47\n","sortOrder":67},{"sectionNumber":"124","sectionType":"section","heading":"Power of Minister to prohibit third-party trading schemes","content":"124 Power of Minister to prohibit third-party trading schemes\n(1) The Commissioner may recommend to the Minister that a third-\nparty trading scheme be declared to be a prohibited third-party\ntrading scheme if:\n(a) the scheme is not an approved third-party trading scheme;\nand\n(b) the Commissioner is of the opinion that the scheme is not\ngenuine and reasonable or is contrary to the interests of\nconsumers.\n(2) The Minister may, on the recommendation of the Commissioner, by\nGazette notice, declare a third-party trading scheme to be a\nprohibited third-party trading scheme.\n(3) The Minister may, by Gazette notice, revoke a declaration under\nthis section.\n(4) The Commissioner may make a recommendation under\nsubsection (1), and the Minister may make a declaration under\nsubsection (2), in relation to a third-party trading scheme whether or\nnot the scheme was in existence in the Territory immediately before\nthe commencement of this section.\n","sortOrder":68},{"sectionNumber":"124A","sectionType":"section","heading":"Offences","content":"124A Offences\n(1) A person must not:\n(a) act as a promoter of a prohibited third-party trading scheme;\nor\n(b) as a party to a prohibited third-party trading scheme, supply\ngoods or services; or\n(c) publish an advertisement relating to a prohibited third-party\ntrading scheme or cause such an advertisement to be\npublished.\n(2) A person who acts as a promoter of a third-party trading scheme or\nsupplies goods or services as a party to a third-party trading\nscheme must not breach a condition prescribed for the purposes of\n\nConsumer Affairs and Fair Trading Act 1990 48\nsection 124B(1) in relation to a third-party trading scheme of the\ntype for which he or she acts as a promoter or to which he or she is\na party.\n","sortOrder":69},{"sectionNumber":"124B","sectionType":"section","heading":"Regulations for the purposes of this Part","content":"124B Regulations for the purposes of this Part\n(1) Regulations made for the purposes of this Part may specify\nconditions that are to be complied with by persons who act as\npromoters of third-party trading schemes or supply goods or\nservices as parties to third-party trading schemes.\n(2) Regulations made for the purposes of subsection (1) may specify\ndifferent conditions in relation to different third-party trading\nschemes.\n(3) Regulations made for the purposes of subsection (1) do not apply in\nrelation to a third-party trading scheme that was in existence in the\nTerritory immediately before the commencement of this section.\n","sortOrder":70},{"sectionNumber":"125","sectionType":"section","heading":"Definitions for Part 10","content":"125 Definitions for Part 10\naccessories includes car radios, sound reproducing equipment, air\nconditioning units, and spare wheels and tools usually carried on\nmotor vehicles.\nbody number, in relation to a motor vehicle, means the figures,\nletters or other symbols (if any) recorded on the body of the vehicle\nby its manufacturer as a means of identifying the vehicle.\ncommercial vehicle is to be construed in accordance with\nsubsections (2) and (3).\nconsignor, in relation to a dealer, means a person from whom the\ndealer receives a motor vehicle for sale on consignment.\n\nConsumer Affairs and Fair Trading Act 1990 49\ndealer means a person who buys, sells, offers for sale or\nexchanges motor vehicles as a business (whether alone or in\npartnership, and whether or not as the person's sole business) but\ndoes not include:\n(a) a person whose business consists exclusively of buying motor\nvehicles for the purpose of demolishing or dismantling them;\nor\n(b) a financier; or\n(c) an exempt trader.\ndealings register means a dealings register kept by a licensed\ndealer under section 157.\ndemonstration vehicle means a motor vehicle which has only\nbeen used for the purposes of a dealer's business as such, and\nwhich is the subject of an unexpired manufacturer's warranty.\nexempt trader means a person (other than a financier) who carries\non the business of buying, selling or exchanging motor vehicles, but\ndoes not (otherwise than by an agent who is a licensed dealer) offer\nor display motor vehicles for sale to the public or hold themselves\nout as ready to purchase vehicles from the public.\nfinancier is to be construed in accordance with subsections (4)\nand (5).\nhire-purchase agreement, in relation to a motor vehicle, includes:\n(a) a letting of the vehicle with an option to purchase; and\n(b) an agreement the object of which is the sale and purchase of\nthe vehicle by instalments (whether described as rent, hire or\nin any other manner), not being an agreement under which the\nproperty in the vehicle passes at the time of the agreement or\nat any time before delivery of the vehicle.\nlicence means a licence under this Part.\nlicensed dealer means a person holding a current licence under\nthis Part.\nmanufacturer means a person who carries on the business of\nmaking or assembling motor vehicles.\n\nConsumer Affairs and Fair Trading Act 1990 50\nmodel designation, in relation to a motor vehicle of a particular\nmodel, means the words, figures, letters or other symbols (if any)\napplied by its manufacturer to describe or identify a vehicle of that\nmodel.\nmotor vehicle means any motor car, motor cycle or other vehicle\nused on land which is propelled wholly or partly by any volatile\nspirit, by steam, gas, oil, hydrocarbon or electricity, or by any\nmeans other than human or animal power (whether the vehicle is\nnew or used, and whether or not it is in working condition or\ncomplete) but does not include:\n(a) a vehicle used on a railway or tramway; or\n(b) a vehicle included in a class or description of vehicles\ndeclared by regulation not to be motor vehicles for this Part;\nodometer means an instrument or device which measures and\nrecords the distance travelled by a motor vehicle, but does not\ninclude one that is designed so as to permit, as part of its normal\nfunctioning, manual alteration of the distance so recorded.\nowner, in relation to a motor vehicle, includes a person who:\n(a) is a joint owner or part owner of the vehicle; or\n(b) has possession of the vehicle under or subject to a hire-\npurchase agreement, bill of sale or similar instrument; or\n(c) has possession of the vehicle under a contract of hire or\nlease;\nbut does not include a person in whom the property in the vehicle,\nor an absolute or conditional right to take possession of the vehicle,\nis vested under or subject to a contract of hire, a hire-purchase\nagreement, a bill of sale or any similar instrument, but who does not\nfor the time being have possession of the vehicle.\nsale on consignment, in relation to a motor vehicle, means its sale\nby a dealer for or on behalf of another person.\nsell means to sell as principal or agent.\ntrade owner means a dealer, a financier or an exempt trader.\nvehicle identification number has the same meaning as in the\nMotor Vehicles Act 1949.\n\nConsumer Affairs and Fair Trading Act 1990 51\n(2) Subject to subsection (3), a commercial vehicle is a motor vehicle\nwhich is constructed or adapted principally for:\n(a) the carriage of goods; or\n(b) the carriage of 10 or more adult persons; or\n(c) industrial or agricultural use;\nbut does not include, except where (before a contract for its sale is\nentered into) the prospective purchaser has, by written notice to the\ndealer in the approved form, confirmed that the vehicle is to be\nused principally for commercial purposes:\n(d) a vehicle of a kind known as a utility, a station wagon or a\npanel van; or\n(e) a vehicle that is adapted for camping use, or is of a type\nknown as a motor home or mobile home; or\n(f) a 4 wheel drive vehicle of a type which is reasonably capable\nof both commercial use and private recreational and leisure\nuse.\n(3) Regulations may provide that a specified motor vehicle, or a motor\nvehicle of a specified class or description of motor vehicles, is a\ncommercial vehicle for the purposes of this Part or is not a\ncommercial vehicle for those purposes.\n(4) Subject to subsection (5), a financier is a person who carries on the\nbusiness of buying, selling or exchanging motor vehicles only for\none or more of the following purposes:\n(a) the purpose of hiring motor vehicles under hire-purchase\nagreements;\n(c) the purpose of taking or enforcing securities over motor\nvehicles;\n(d) the purpose of letting out motor vehicles on hire without\ngranting any right to purchase them;\n(e) any purpose that is for the time being prescribed;\n(f) the purpose of disposing of motor vehicles which the person\nhas acquired in connection with a purpose falling within any of\nparagraphs (a) to (e).\n\nConsumer Affairs and Fair Trading Act 1990 52\n(5) The following persons are not financiers:\n(a) a person who (except by an agent who is a licensed dealer)\noffers or displays motor vehicles for sale to the public\notherwise than for the purpose specified in subsection (4)(f);\n(b) a person who holds themselves out as ready to purchase\nmotor vehicles from the public;\n(c) a person who is declared by regulations not to be a financier,\nor who belongs to a class or description of persons declared\nby regulations not to be financiers.\n","sortOrder":71},{"sectionNumber":"126","sectionType":"section","heading":"Other rules for interpreting Part 10","content":"126 Other rules for interpreting Part 10\n(1) For the purposes of this Part, a person who sells 4 or more motor\nvehicles during any period of 12 months is to be presumed until the\ncontrary is proved as having sold them in the course of carrying on\na business of selling motor vehicles.\n(2) Where:\n(a) a motor vehicle is made the subject of a hire-purchase\nagreement; or\n(b) one person enters into an agreement with another for the hire\nor leasing to that other of a motor vehicle other than a second-\nhand vehicle;\nthe motor vehicle is to be treated for the purposes of this Part as\nhaving been sold by its owner to the hirer by a sale made at the\ntime when the agreement was entered into, but this does not by\nitself constitute the owner a dealer for the purposes of this Part.\n(3) Where:\n(a) a dealer sells a motor vehicle to a financier in the expectation\nthat the vehicle will be sold, or treated by virtue of\nsubsection (2) as having been sold, by the financier to a\nparticular third person; and\n(b) the vehicle is so sold or treated as having been so sold;\nthe dealer shall be treated for the purposes of this Part as having\nsold the vehicle to that third person.\n\nConsumer Affairs and Fair Trading Act 1990 53\n(4) Where:\n(a) a body corporate enters into an agreement with a person for\nthe letting on hire to that person of a motor vehicle other than\na second-hand motor vehicle; and\n(b) that body corporate is not a dealer, but is, for the purposes of\nthe Corporations Act 2001, to be deemed to be related to\nanother body corporate which is a dealer;\nthe first-mentioned body corporate is liable to the hirer in all\nrespects as if it were a dealer unless another person who is a\ndealer is to be treated by virtue of subsection (3) as having sold the\nvehicle to the hirer.\n(5) For the purposes of this Part, a motor vehicle is to be treated as\nhaving been sold notwithstanding that all or part of the\nconsideration which passed from the purchaser in respect of the\nsale is represented by another vehicle or some other thing.\n","sortOrder":72},{"sectionNumber":"127","sectionType":"section","heading":"Application of Part 10 to partnerships","content":"127 Application of Part 10 to partnerships\n(1) Subject to this Part and regulations made for this Part, if a licensed\ndealer carries on the business of a dealer in partnership with one or\nmore other licensed dealers, this Part applies to and in relation to\neach of those dealers as if:\n(a) the business were carried on by that dealer alone; and\n(b) anything done or omitted to be done in connection with the\nbusiness by one of the dealers had been done or omitted to\nbe done by each of them.\n(2) Nothing in subsection (1) renders a dealer guilty of an offence as a\nresult of the doing of an act by another dealer in the partnership.\n","sortOrder":73},{"sectionNumber":"Div 2","sectionType":"division","heading":"Offences of unlicensed dealing, dealing from","content":"Division 2 Offences of unlicensed dealing, dealing from\nunlicensed premises and breach of licence\n","sortOrder":74},{"sectionNumber":"128","sectionType":"section","heading":"Unlicensed dealing","content":"128 Unlicensed dealing\nSubject to this Part, a person other than a licensed dealer must not:\n(a) carry on the business of a dealer; or\n(b) hold themselves out as a dealer.\n\nConsumer Affairs and Fair Trading Act 1990 54\n","sortOrder":75},{"sectionNumber":"129","sectionType":"section","heading":"Dealing from unlicensed premises","content":"129 Dealing from unlicensed premises\n(1) Subject to subsection (2), a licensed dealer must not:\n(a) buy, sell or exchange a motor vehicle in the course of the\ndealer's business as a dealer, otherwise than at a place of\nbusiness specified in the licence; or\n(b) permit a motor vehicle which is offered for sale, or intended to\nbe offered for sale, in the course of the dealer's business as a\ndealer, to be on land (including a public place) adjacent to the\nplace of business specified in the licence.\n(2) Regulations may exempt from subsection (1) (conditionally or\nunconditionally) transactions of a specified class or description, or\ntransactions taking place in specified circumstances.\n","sortOrder":76},{"sectionNumber":"130","sectionType":"section","heading":"Breach of terms or conditions of licence","content":"130 Breach of terms or conditions of licence\nA licensed dealer must not contravene any term or condition of the\nlicence.\n","sortOrder":77},{"sectionNumber":"131","sectionType":"section","heading":"Forfeiture of vehicles and proceeds for unlicensed dealing","content":"131 Forfeiture of vehicles and proceeds for unlicensed dealing\n(1) Subject to subsection (9), the court before which a person is found\nguilty of an offence against section 128 may, in addition to any\npenalty it may impose, make either or both of the following orders:\n(a) an order that any specified motor vehicle to which the offence\nrelates be forfeited to the Territory;\n(b) an order that the person pay to the Territory an amount, as\nassessed by the court, equal to the proceeds derived by the\nperson from the commission of the offence or any other\noffence against section 128 which the court has taken into\naccount in imposing any such penalty.\n(2) Before making an order under this section, the court may require\nnotice to be given to, and may hear, such persons as the court\nthinks fit.\n\nConsumer Affairs and Fair Trading Act 1990 55\n(3) For the purpose of making an order under subsection (1)(b), the\ncourt may:\n(a) treat any interest in property (real or personal) which the found\nguilty person acquired by means of proceeds derived from the\ncommission of an offence as being, to an extent determined\nby the court, proceeds so derived; and\n(b) treat as proceeds derived by the found guilty person from the\ncommission of an offence the equivalent in money terms of\nany interest in property (real or personal) so derived.\n(4) Without affecting any other right of appeal, an order under\nsubsection (1)(a) in relation to a motor vehicle may be appealed by\nany person who has an interest in the vehicle:\n(a) in the case of a person found guilty of the offence – in the\nsame manner as if the order were, or were part of, an order\nimposing a penalty in respect of the offence; and\n(b) in any other case – in the same manner as if the person had\nbeen found guilty of an offence against section 128, and the\norder were, or were part of, an order imposing a penalty in\nrespect of the offence.\n(5) Without affecting any other right of appeal, an order under\nsubsection (1)(b) may be appealed in the same manner as if it\nwere, or were part of, an order imposing a penalty in respect of the\n(6) The court to which an appeal is made in respect of an order under\nsubsection (1)(a) may, pending the hearing and determination of\nthe appeal, make such orders as it thinks fit for the custody of the\nmotor vehicle the subject of the order.\n(7) On appeal, an order under this section may be confirmed, revoked\nor varied.\n(8) An order under subsection (1)(b) may be enforced as if it were a\njudgment in a civil matter given by the Supreme Court.\n(9) No order may be made under this section with respect to a vehicle\nsold by a dealer for or on behalf of another person or with respect\nto the proceeds derived from the sale.\n\nConsumer Affairs and Fair Trading Act 1990 56\n","sortOrder":78},{"sectionNumber":"132","sectionType":"section","heading":"Application for licence","content":"132 Application for licence\n(1) A person may apply to the Director for a licence.\n(2) An application must be made in accordance with the approved\nform, giving such details as are indicated by the form, and must be\naccompanied by the prescribed processing fee.\n","sortOrder":79},{"sectionNumber":"133","sectionType":"section","heading":"Director may require additional information","content":"133 Director may require additional information\n(1) An applicant for a licence shall, if required to do so by the Director,\nprovide the Director with such particulars additional to those\nincluded in the application, and with such documents in relation to\nthose particulars, as the Director requires.\n(2) The Director may require the applicant for a licence or, where the\napplicant is a body corporate, all or any of the directors or other\npersons concerned in the management of the body corporate, to\nappear personally before the Director and to furnish such further\ninformation as the Director requires in connection with the\napplication.\n","sortOrder":80},{"sectionNumber":"134","sectionType":"section","heading":"Objections to application","content":"134 Objections to application\n(1) On receiving an application for a licence, the Director must send a\ncopy of it to the Commissioner of Police, together with copies of any\naccompanying documents other than statements relating to the\nmaterial and financial resources of the applicant.\n(2) The Commissioner of Police shall, within 28 days of receiving a\ncopy of an application pursuant to subsection (1)(a), lodge with the\nDirector a notice in writing which either supports the application or\nobjects to the grant of a licence on the grounds that the applicant\nmay not be a fit and proper person.\n(2A) A person may, by notice in writing lodged with the Director, object\nto the granting of a licence on any of the grounds specified in\nsection 136(1) or 137(1).\n(3) A notice of objection under subsection (2) or (2A) must state the\nreasons for the objection.\n\nConsumer Affairs and Fair Trading Act 1990 57\n(4) References in this section to an applicant's not being a fit and\nproper person are, where the applicant is a body corporate,\nreferences to any director or other person concerned in the\nmanagement of the body corporate not being a fit and proper\nperson.\n","sortOrder":81},{"sectionNumber":"135","sectionType":"section","heading":"Inquiry by Director","content":"135 Inquiry by Director\nWhere an objection to the grant of a licence is duly lodged with the\nDirector under section 134, or it otherwise appears to the Director\nthat there may be grounds for refusing to grant a licence, the\nDirector shall hold an inquiry into the matter.\n","sortOrder":82},{"sectionNumber":"136","sectionType":"section","heading":"Grounds for refusal of licence to individual","content":"136 Grounds for refusal of licence to individual\n(1) An application for a licence made by an individual shall be refused if\nit appears to the Director:\n(a) that the applicant has not attained the age of 18 years; or\n(b) that the applicant is disqualified from holding a licence; or\n(c) that the applicant is taking the benefit of a law for the relief of\nbankrupt or insolvent debtors, or is a person whose\nremuneration is for the time being assigned for the benefit of\ncreditors; or\n(d) that the applicant does not have, or is not likely to continue to\nhave, sufficient material and financial resources to carry on\nbusiness as a dealer, having regard to the scope of the\nbusiness operations which the applicant proposes to engage\nin as such and the liabilities which the applicant may incur in\nconnection therewith; or\n(e) that the applicant is not likely to carry on business as a dealer\nhonestly and fairly; or\n(f) that the applicant is in any other way not a fit and proper\nperson to hold a licence; or\n(g) that any person with whom, if the licence is granted, the\napplicant intends to carry on business as a dealer in\npartnership is a person in respect of whom the Director would\nbe required to refuse an application for the licence if that\nperson were the applicant.\n(2) The Director must also refuse an individual's application for a\nlicence if the applicant fails to comply with a requirement of the\nDirector under section 133.\n\nConsumer Affairs and Fair Trading Act 1990 58\n(3) Without affecting the generality of subsection (1)(f), the Director\nmay, in determining whether or not an applicant is a fit and proper\nperson to hold a licence, have regard (if such be the case) to the\nfact that the applicant, or a person who is associated with the\napplicant within the meaning of the Corporations Act 2001:\n(a) has, during the period of 10 years immediately preceding the\nmaking of the application, been found guilty of, or served any\npart of a term of imprisonment for, an offence (wherever\ncommitted) involving fraud, dishonesty or physical violence; or\n(b) was, at the time the application was made, bound in relation to\nsuch an offence by a recognisance; or\n(c) was, at the time the application was made, the subject of a\ncharge in relation to such an offence; or\n(d) has at any time been found guilty of an offence against this\nAct, the regulations, or any other enactment administered by\nthe Minister.\n(4) An applicant who proposes to carry on the business of a dealer in\npartnership with another person or other persons shall not be\nrefused a licence on the grounds specified in subsection (1)(d) if the\nDirector is satisfied that the applicant and the other person or\npersons together have, and are likely to continue to have, sufficient\nmaterial and financial resources to carry on the business.\n(5) Regulations may prescribe criteria to be taken into account by the\nDirector in assessing the adequacy of an applicant's material and\nfinancial resources for the purposes of subsection (1)(d) or (as\nmentioned in subsection (4)) the adequacy for those purposes of\nthe material and financial resources of the applicant and another\nperson or other persons.\n","sortOrder":83},{"sectionNumber":"137","sectionType":"section","heading":"Grounds for refusal of licence to body corporate","content":"137 Grounds for refusal of licence to body corporate\n(1) An application for a licence made by a body corporate shall be\nrefused if it appears to the Director:\n(a) that a person concerned in the management of the body\ncorporate has not attained the age of 18 years; or\n(b) that the body corporate is disqualified from holding a licence;\nor\n(c) that the body corporate does not have, or is not likely to\ncontinue to have, sufficient material and financial resources to\ncarry on business as a dealer, having regard to the scope of\nthe business operations which the body corporate proposes to\n\nConsumer Affairs and Fair Trading Act 1990 59\nengage in as such and the liabilities which the body corporate\nmay incur in connection therewith; or\n(d) that the body corporate is not likely to carry on business as a\ndealer honestly and fairly; or\n(e) that the reputation of the body corporate is such that it would\nnot be a fit and proper person to hold a licence; or\n(f) that a director of, or a person concerned in the management\nof, the body corporate is not of good reputation or character or\nin any other way would not be a fit and proper person to be\nthe holder of a licence if the director or person were to apply\nfor a licence personally; or\n(g) that any person (other than an officer of the body corporate)\nwho, in the opinion of the Director, appears to have control, or\nsubstantial control, of the body corporate is not of good\nreputation and character or is not likely to exercise that control\nhonestly and fairly; or\n(h) that any person with whom, if the licence is granted, the body\ncorporate intends to carry on business as a dealer in\npartnership is a person in respect of whom the Director would\nbe required to refuse an application for the licence if that\nperson were the applicant.\n(2) The Director shall also refuse an application for a licence by a body\ncorporate if:\n(a) the body corporate fails to provide such banker's or other\nguarantee (if any) as the Director thinks it desirable to require;\nor\n(b) a director of, or a person concerned in the management of,\nthe body corporate fails to comply with a requirement of the\nDirector under section 133.\n(3) Without affecting the generality of subsection (1)(e), (f), (g) or (h),\nthe Director may, in determining any matter referred to in those\nparagraphs, have regard (if such be the case) to the fact that the\nbody corporate, or a person referred to in any of those paragraphs\nor associated with such a person within the meaning of the\nCorporations Act 2001:\n(a) has, during the period of 10 years immediately preceding the\nmaking of the application, been found guilty of, or served any\npart of a term of imprisonment for, an offence (wherever\ncommitted) involving fraud, dishonesty or physical violence; or\n\nConsumer Affairs and Fair Trading Act 1990 60\n(b) was, at the time the application was made, bound in relation to\nsuch an offence by a recognisance; or\n(c) was, at the time the application was made, the subject of a\ncharge in relation to such an offence; or\n(d) has at any time been found guilty of an offence against this\nAct, the regulations, or any other enactment administered by\nthe Minister.\n(4) A body corporate which proposes to carry on the business of a\ndealer in partnership with another person or other persons is not to\nbe refused a licence on the grounds specified in subsection (1)(c) if\nthe Director is satisfied that the body corporate and the other\nperson or persons together have, and are likely to continue to have,\nsufficient material and financial resources to carry on the business.\n(5) Regulations may prescribe criteria to be taken into account by the\nDirector in assessing the adequacy of a body corporate's material\nand financial resources for the purposes of subsection (1)(c) or (as\nmentioned in subsection (4)) the adequacy for those purposes of\nthe material and financial resources of a body corporate and\nanother person or other persons.\n","sortOrder":84},{"sectionNumber":"138","sectionType":"section","heading":"Grant of licence","content":"138 Grant of licence\n(1) The Director must, unless required by section 136 or 137 to refuse\nthe application, grant a licence to an applicant on payment of the\nprescribed fee.\n(2) A licence authorises its holder to carry on business as a dealer at a\nplace or places specified in the licence, and, if it specifies 2 or more\nplaces, the licence must state which of them is the holder's principal\nplace of business.\n(3) Subject to subsection (4), the Director may grant a licence subject\nto such terms and conditions as the Director considers necessary\nor desirable, and any terms or conditions imposed by virtue of this\nsubsection must be endorsed on the licence.\n(4) If the Director proposes to grant a licence to an applicant subject to\nterms or conditions under subsection (3), the Director must first:\n(a) give the applicant a written notice setting out the terms or\nconditions that are proposed to be imposed by the Director;\nand\n(b) give the applicant an opportunity to make submissions\nregarding the proposed terms or conditions.\n\nSubdivision B Duration and operation of licence, annual fee and return\nConsumer Affairs and Fair Trading Act 1990 61\n","sortOrder":85},{"sectionNumber":"139","sectionType":"section","heading":"Notification of Director's decision","content":"139 Notification of Director's decision\n(1) The Director must give the applicant a written notice setting out the\nDirector's decision on the application.\n(2) If the Director decides to refuse the application, or to grant a licence\nto the applicant subject to terms or conditions, the notice under\nsubsection (1) must include a statement of the fact that the\napplicant may apply to NTCAT under section 329A(3) for review of\nthe decision.\nSubdivision B Duration and operation of licence, annual fee and\nreturn\n","sortOrder":86},{"sectionNumber":"140","sectionType":"section","heading":"Duration of licence","content":"140 Duration of licence\nExcept while it is suspended by or pursuant to this Part, a dealer's\nlicence continues in force until:\n(a) it is cancelled by, or revoked or surrendered pursuant to, this\nPart; or\n(b) the dealer, being an individual, dies (but subject in that event\nto section 144); or\n(c) the dealer, being a body corporate, is dissolved.\n","sortOrder":87},{"sectionNumber":"141","sectionType":"section","heading":"Annual fee and return","content":"141 Annual fee and return\n(1) A licensed dealer must, not later than the prescribed date in each\nyear:\n(a) pay to the Director the prescribed annual licence fee; and\n(b) lodge with the Director an annual return in the approved form.\n(2) Where a dealer fails to pay the annual licence fee or lodge the\nannual return in accordance with subsection (1), the Director may,\nby notice in writing to the dealer, require the dealer to make good\nthe default and, in addition, to pay to the Director the amount (if\nany) prescribed as a penalty for default.\n(3) Where a dealer fails to comply with a notice under subsection (2)\nwithin 14 days after service of the notice, the dealer's licence shall,\nby force of this subsection, be suspended until the dealer complies\nwith the notice.\n(4) The Director must cause notice of a suspension under\nsubsection (3) (being notice in the approved form) to be published\nin a newspaper circulating throughout the Territory.\n\nSubdivision B Duration and operation of licence, annual fee and return\nConsumer Affairs and Fair Trading Act 1990 62\n(5) Where a licence has been suspended by virtue of subsection (3) for\na continuous period of 6 months, the licence shall, by force of this\nsubsection, be cancelled.\n(6) A dealer shall not in, or in relation to, any information in an annual\nreturn lodged pursuant to subsection (1)(b) make a statement that\nis false or misleading by reason of the inclusion therein of any false\nor misleading matter or the omission therefrom of any material\nmatter.\n(7) It is a defence to a prosecution of a person for an offence against\nsubsection (6) if the person proves that, when the information was\nprovided, the person:\n(a) believed on reasonable grounds that the false matter was true;\nor\n(b) believed on reasonable grounds that the misleading matter\nwas not misleading; or\n(c) in the case of an omission:\n(i) believed on reasonable grounds that no material matter\nhad been omitted; or\n(ii) did not know that the omitted matter was material.\n142 Licence not transferable\nA licence is not transferable.\n143 Surrender of licence\nA dealer may surrender his or her licence by notice in writing to the\n144 Death of licensed dealer\n(1) If a licensed dealer dies, a person who is, or who is named as, or\nwho intends to apply to become, a legal personal representative of\nthe deceased dealer may, within 28 days after the death or a longer\nperiod allowed by the Director, apply to the Director to be allowed to\ncarry on the deceased dealer's business as a dealer during:\n\nConsumer Affairs and Fair Trading Act 1990 63\n(a) the period that commences with the date of the death and\nends 6 months later; or\n(b) the period that commences with the date of the death and\nends immediately before the next anniversary of the date on\nwhich the licence was granted;\nwhichever is the longer.\n(2) The Director may grant or refuse an application under\nsubsection (1) and, where the Director grants the application, may\nimpose such conditions as the Director thinks fit, being conditions\nsubject to which the business to which the application relates may\nbe carried on.\n(3) A person authorised under this section to carry on the business of a\ndeceased dealer shall, subject to this Part and any conditions\nimposed under subsection (2), be deemed to be, while so\nauthorised, the holder of the deceased dealer's licence.\n(4) Where, under subsection (2), the Director imposes conditions\nsubject to which a person is authorised to carry on the business to\nwhich a licence relates, the person shall, on being required by the\nDirector to do so within a specified time, produce the licence to the\nDirector within that time for endorsement of the conditions.\n","sortOrder":88},{"sectionNumber":"145","sectionType":"section","heading":"Powers of Director","content":"145 Powers of Director\nWhere any of the grounds specified in section 146 exists, the\nDirector has power, subject to and in accordance with this\nSubdivision:\n(a) to revoke a licence; or\n(b) to suspend a licence for a specified period; or\n(c) to vary any term or condition to which a licence is subject or\nimpose new terms or conditions.\n","sortOrder":89},{"sectionNumber":"146","sectionType":"section","heading":"Grounds for exercise of powers","content":"146 Grounds for exercise of powers\nThe grounds referred to in section 145 are:\n(a) that the licence was obtained by means of misrepresentation;\nand\n\nConsumer Affairs and Fair Trading Act 1990 64\n(b) that the holder of the licence is a person who, if that person\nwere (instead of being such a holder) an applicant for a\nlicence under section 132, would be refused a licence\npursuant to section 136 or 137; and\n(c) that the holder of the licence, being a body corporate, has\nfailed to give notice under section 147(1) of a change in the\ndirectors, or persons concerned in the management, of the\nbody corporate.\n","sortOrder":90},{"sectionNumber":"147","sectionType":"section","heading":"Changes in management of body corporate","content":"147 Changes in management of body corporate\n(1) If a body corporate is a licensed dealer, and a person becomes a\ndirector of the body corporate or otherwise concerned in its\nmanagement in addition to or in the place of an existing director or\nperson so concerned, the body corporate must, not later than\n28 days after the date on which the event occurs, give to the\nDirector a notice complying with subsection (2).\n(2) A notice under subsection (1) must:\n(a) state the full name, date of birth and present residential\naddress of the person who has become a director of the body\ncorporate or otherwise concerned in its management; and\n(b) give the date on which the event in question occurred; and\n(c) state any other addresses at which the person has resided\nduring the period of 3 years immediately preceding the date of\nthe notice; and\n(d) where the person has (whether in the Territory or elsewhere)\npreviously carried on business as a dealer or been employed\nby a dealer, give particulars of that business or employment;\nand\n(e) be accompanied by a certificate signed by 2 others to the\neffect that the person would be a fit and proper person to hold\na licence.\n(3) If a body corporate gives to the Director a notice under\nsubsection (1), the Director must send a copy of the notice to the\nCommissioner of Police, who must, within 14 days of receiving it,\nlodge with the Director a notice in writing which either:\n(a) objects to the continuation in force of the licence held by the\nbody corporate on the grounds that the person who has\nbecome a director, or otherwise concerned in its management,\nwould not be a fit and proper person to hold a licence; or\n\nConsumer Affairs and Fair Trading Act 1990 65\n(b) states that nothing is known about that person which warrants\nsuch an objection.\n","sortOrder":91},{"sectionNumber":"148","sectionType":"section","heading":"Director's discretion","content":"148 Director's discretion\nThe Director is not required to exercise a power conferred by\nsection 145 if it appears to the Director that, in the circumstances of\na particular case, this is not necessary in the public interest.\n","sortOrder":92},{"sectionNumber":"149","sectionType":"section","heading":"Inquiry before exercise of power","content":"149 Inquiry before exercise of power\n(1) The Director shall not exercise a power conferred by section 145\nwithout first holding an inquiry under this section.\n(2) Where the Director proposes to hold an inquiry under this section,\nthe Director shall give written notice of that fact to the holder of the\nlicence, and must in the notice:\n(a) state the ground or grounds which the Director considers may\nauthorise the exercise of a power conferred by section 145;\nand\n(b) afford the holder of the licence not less than 7 clear days after\nthe date on which it is given in which to make to the Director\nwritten submissions with respect to the matter; and\n(c) specify a date after the expiry of the period allowed under\nparagraph (b) on which the Director will be prepared to hear\noral submissions from the holder.\n(3) Where it appears to the Director that the exercise of a power\nconferred by section 145 may also affect a person or persons other\nthan the holder of the licence in respect of which the power is\nexercised, the Director shall give to that person or each of those\npersons a like notice to that required by subsection (2), inviting the\nrecipient of the notice to make written and oral submissions.\n(4) The Director may, by a notice under subsection (2), suspend the\nholder's licence from the date on which the notice is given until the\ngiving of a notice under section 150(1) or (2).\n","sortOrder":93},{"sectionNumber":"150","sectionType":"section","heading":"Result of inquiry","content":"150 Result of inquiry\n(1) If after holding an inquiry under section 149 the Director decides to\ntake no further action in the matter, the Director must give written\nnotice to that effect to the holder of the licence.\n\nConsumer Affairs and Fair Trading Act 1990 66\n(2) If after holding such an inquiry the Director decides to exercise a\npower conferred by section 145, the Director must do so by giving\nwritten notice to the holder of the licence, and the notice must:\n(a) state the ground or grounds on which the power is exercised;\nand\n(b) include a statement of the fact that the holder of the licence\nmay apply to NTCAT under section 329A(3) for review of the\ndecision; and\n(c) if it varies a term or condition of a licence, or imposes new\nterms or conditions, require the holder, within the time\nspecified in the notice, to produce the licence to the Director\nfor endorsement accordingly.\n(3) A person who fails to produce a licence to the Director in\naccordance with a requirement in a notice under subsection (2) is\n","sortOrder":94},{"sectionNumber":"152","sectionType":"section","heading":"Application for variation of licence","content":"152 Application for variation of licence\nThe Director may, on an application by the holder of a licence and\non payment of the prescribed fee:\n(a) vary any of the terms or conditions endorsed on the licence; or\n(b) amend the licence with respect to the place or places at which\nthe holder is authorised to carry on business as a dealer, or\nthe place which is the holder's principal place of business.\n","sortOrder":95},{"sectionNumber":"153","sectionType":"section","heading":"Licence to be displayed","content":"153 Licence to be displayed\n(1) A licensed dealer must display the licence held by the dealer at all\ntimes in a conspicuous position:\n(a) at the place where the licence authorises the dealer to carry\non business; or\n(b) if there are 2 or more such places, at the place stated in the\nlicence as the holder's principal place of business.\n\nConsumer Affairs and Fair Trading Act 1990 67\n(2) Where:\n(a) the Director has:\n(i) by a notice under section 150(2), varied a term or\ncondition of a licence or imposed new terms or\nconditions on a licence; or\n(ii) imposed under section 144(2) conditions subject to\nwhich a person may carry on the business to which the\nlicence of a deceased dealer related; and\n(b) the licence has not been produced for endorsement pursuant\nto a requirement in the notice or, as the case may be, a\nrequirement of the Director under section 144(4);\nsubsection (1) is not complied with unless a copy of the notice or,\nas the case may require, of the conditions imposed under\nsection 144(2) is exhibited with the licence.\n","sortOrder":96},{"sectionNumber":"154","sectionType":"section","heading":"Issue of duplicate licence","content":"154 Issue of duplicate licence\nWhere the Director is satisfied that a licence has been lost, defaced\nor destroyed, the Director may, on payment of the prescribed fee,\nissue to the holder of the licence a duplicate licence which shall be\nof the same force and effect as the original licence.\n","sortOrder":97},{"sectionNumber":"154A","sectionType":"section","heading":"Licence not transferable","content":"154A Licence not transferable\nA licence is not transferable by the licensee.\n","sortOrder":98},{"sectionNumber":"155","sectionType":"section","heading":"Register of Motor Vehicle Dealers","content":"155 Register of Motor Vehicle Dealers\nThe Director must keep a register of licensed dealers, in the form\nthe Director considers appropriate, to be known as the Register of\nMotor Vehicles.\n","sortOrder":99},{"sectionNumber":"156","sectionType":"section","heading":"Register to be open to public","content":"156 Register to be open to public\nA person may, on payment of the prescribed fee, inspect and take\nextracts from the Register of Motor Vehicle Dealers.\n\nConsumer Affairs and Fair Trading Act 1990 68\n","sortOrder":100},{"sectionNumber":"157","sectionType":"section","heading":"Duty of dealer to maintain dealings register","content":"157 Duty of dealer to maintain dealings register\n(1) Subject to subsection (2), a licensed dealer must keep and maintain\na dealings register in the manner or form the Director considers\nappropriate:\n(a) if the dealer carries on business at one place only – at that\nplace; or\n(b) if the dealer has 2 or more places of business:\n(i) at the dealer's principal place of business, in respect of\nthat place and any other place of business which is\nwithin a radius of 20 km (or other distance for the time\nbeing prescribed) of that place; and\n(ii) at each place of business not falling within\nsubparagraph (i).\n(2) For 2 or more licensed dealers who carry on business in\npartnership, subsection (1) is complied with if the partners keep and\nmaintain one dealings register at each place at which that\nsubsection would require a register to be kept if all of the places at\nwhich members of the partnership carry on business were places of\nbusiness of a sole licensed dealer.\n(3) A dealings register remains the property of the Director, and must\nbe returned to the Director if:\n(a) the licence of the dealer by whom the register is kept or, as\nthe case may be, of any of the partners by whom the register\nis kept, is revoked or suspended or expires without renewal; or\n(b) the dealer by whom the register is kept ceases to carry on\nbusiness as a dealer or, as the case may be, the partners by\nwhom the register is kept cease to carry on the business of a\ndealer in partnership.\n\nConsumer Affairs and Fair Trading Act 1990 69\n","sortOrder":101},{"sectionNumber":"158","sectionType":"section","heading":"Details to be entered in dealings register","content":"158 Details to be entered in dealings register\n(1) A licensed dealer must:\n(a) within 2 working days after coming into possession of a\nsecond-hand motor vehicle which the dealer has purchased or\notherwise acquired for the purposes of disposal in the course\nof the dealer's business (or, if the dealer disposes of a\nsecond-hand motor vehicle so purchased or acquired before it\ncomes into the dealer's possession, within 2 working days\nafter the disposal) enter in the dealings register the particulars\nspecified in subsection (2); and\n(b) within 2 working days after coming into possession of a motor\nvehicle that the dealer is authorised to sell in accordance with\nsection 172, enter in the dealings register the particulars\nspecified or mentioned in subsection (3); and\n(c) within 2 working days after selling or otherwise disposing of a\nmotor vehicle otherwise than in a demolished or dismantled\ncondition, enter in the dealings register the particulars\nspecified in subsection (4); and\n(d) within 2 working days after having demolished or permanently\ndismantled a motor vehicle, enter in the dealings register a\nnotice of the vehicle's demolition or dismantling and of the\ndate on which the demolition or dismantling began.\n(2) The particulars required by subsection (1)(a) are:\n(a) the make, model designation and type, and year of\nmanufacture, of the vehicle; and\n(b) the registered number of the vehicle, if any; and\n(c) the engine number of the vehicle and, where known, its\nvehicle identification number or body number; and\n(d) where the vehicle is fitted with an odometer, the distance\ntravelled by the vehicle as recorded on the odometer when the\nvehicle came into the dealer's possession or, if the odometer\nwas not then functioning, a statement to that effect; and\n(e) the name and address of the person from whom the dealer\npurchased or otherwise acquired the vehicle; and\n(f) the date on which the dealer purchased or otherwise acquired\nthe vehicle.\n\nConsumer Affairs and Fair Trading Act 1990 70\n(3) The particulars required by subsection (1)(b) are:\n(a) those specified in subsection (2)(a), (b), (c) and (d); and\n(b) an indication in the approved form that the vehicle is for sale\non consignment; and\n(c) the date on which the vehicle came into the dealer's\npossession.\n(4) The particulars required by subsection (1)(c) are:\n(a) the date on which the dealer sold or otherwise disposed of the\nvehicle; and\n(b) the name and address of the person to whom the dealer sold\nor otherwise disposed of the vehicle; and\n(c) where the vehicle is fitted with an odometer, the distance\ntravelled by the vehicle as recorded on the odometer at the\ntime when the dealer sold or otherwise disposed of it or, if the\nodometer was not then functioning, a statement to that effect;\nand\n(d) where the vehicle was not in working condition at the time\nwhen it was sold or otherwise disposed of, a statement to that\neffect; and\n(e) the cash or other consideration given or agreed to be given,\nand a description of any such other consideration.\n(5) If a licensed dealer has 2 or more places of business, the\nparticulars required by subsection (1) in respect of a motor vehicle\nare to be entered in the dealings register kept by the dealer at the\nplace at which the dealing in question takes place or, if because of\nsection 157(1)(b)(i) a dealings register in respect of that place is\nkept at the dealer's principal place of business, in that register.\n","sortOrder":102},{"sectionNumber":"159","sectionType":"section","heading":"Seller to supply information to dealer","content":"159 Seller to supply information to dealer\n(1) A person who disposes of a motor vehicle to a licensed dealer in\ncircumstances such that the dealer is required by section 158(1)(a)\nto enter particulars concerning the vehicle in a dealings register\nmust, at the request of the dealer, supply the dealer with the\nprescribed information in respect of the vehicle so far as known to\nthe person.\n\nConsumer Affairs and Fair Trading Act 1990 71\n(2) The prescribed information is the information required by the form\napproved for this section, and the person required to supply it must,\nif requested by the dealer, provide the information by completing\nand signing the approved form.\n(3) A person who:\n(a) fails to comply with a request under subsection (1) or (2); or\n(b) in purported compliance with such a request, gives information\nwhich the person knows to be false or misleading in a material\n","sortOrder":103},{"sectionNumber":"160","sectionType":"section","heading":"Contract for sale of second-hand vehicle to be in approved","content":"160 Contract for sale of second-hand vehicle to be in approved\nform\n(1) A contract by a dealer to sell a second-hand motor vehicle must be\nmade in writing in the approved form, and a dealer who contracts to\nsell such a vehicle otherwise than in compliance with this\nrequirement is guilty of an offence.\n(2) Where a dealer contracts to sell a second-hand motor vehicle\notherwise than in writing in the approved form, the purchaser may\nrescind the contract by giving a written notice of rescission to the\ndealer not later than 3 months after the date of the contract.\n(3) Where a contract is rescinded pursuant to subsection (2):\n(a) the dealer shall return or refund to the purchaser any\nconsideration given by the purchaser under the contract, or\nthe value of any such consideration as at the date of the\ncontract; and\n\nConsumer Affairs and Fair Trading Act 1990 72\n(b) the purchaser shall return or refund to the dealer:\n(i) the vehicle, or its value as at the date of the contract;\nand\n(ii) any other consideration given by the dealer under the\ncontract, or the value of any other such consideration as\nat the date of the contract.\n(4) A person who returns a vehicle or other thing to another pursuant to\nsubsection (3) is liable to pay compensation to the other in respect\nof any damage to, or depreciation in the value of, the vehicle or\nthing which is attributable to his or her failure to take reasonable\ncare of it, but is not liable for any damage or depreciation\nattributable to normal use of the vehicle or thing or to circumstances\nbeyond his or her control.\n(5) The obligations imposed by subsections (3) and (4) may be\nenforced by action in any court of competent jurisdiction.\n(6) A court finding guilty a dealer of an offence against subsection (1) is\ncompetent to make orders, on the application of the prosecutor, for\nthe enforcement of obligations imposed by subsections (3) and (4).\n(7) A person who fails to comply with an order under subsection (6) is\n2 500 penalty.\n(8) Additional requirements in relation to a contract under this section\nmay be prescribed by regulation.\n","sortOrder":104},{"sectionNumber":"161","sectionType":"section","heading":"Replacement and alteration of odometers","content":"161 Replacement and alteration of odometers\n(1) A dealer shall not without the consent in writing of the Director offer\nor display a motor vehicle for sale where the dealer has:\n(a) replaced, or caused to be replaced, the vehicle's odometer; or\n(b) altered, or caused to be altered, the distance recorded by the\nvehicle's odometer.\n\nConsumer Affairs and Fair Trading Act 1990 73\n(2) A person other than a dealer who replaces a motor vehicle's\nodometer, or alters the distance recorded on a motor vehicle's\nodometer, shall not offer to sell the vehicle to a dealer without\ndisclosing the replacement or alteration to the dealer.\n(3) A dealer who knows that a motor vehicle's odometer has been\nreplaced or altered shall not offer or display the vehicle for sale\nwithout disclosing the replacement or alteration to the purchaser or\na prospective purchaser of the vehicle.\n","sortOrder":105},{"sectionNumber":"162","sectionType":"section","heading":"Sale price partly recoverable in case of certain offences","content":"162 Sale price partly recoverable in case of certain offences\n(1) Where a person has been found guilty of an offence:\n(a) consisting of a contravention of section 151 of the Australian\nConsumer Law (NT) committed by falsely stating the year in\nwhich a motor vehicle was manufactured or first registered, or\nthe model designation of the vehicle; or\n(b) against section 161;\na person who purchased the motor vehicle in respect of which the\noffence was committed relying on the statement or, in the case of\nan offence against section 161, on the reading on the odometer of\nthe vehicle at the time of the purchase may apply to the\nCommissioner for an order under subsection (2).\n(2) Where on an application under subsection (1) the Commissioner is\nsatisfied that the sale price of the vehicle exceeded its fair value at\nthe time of the sale, the Commissioner shall order the person found\nguilty of the offence to pay the amount of the excess to the\npurchaser.\n(3) An order of the Commissioner under subsection (2) is enforceable\nas if it were an order for the payment of money made by the Local\nCourt.\n\nConsumer Affairs and Fair Trading Act 1990 74\n","sortOrder":106},{"sectionNumber":"163","sectionType":"section","heading":"Prohibition of sale of vehicles without vehicle identification","content":"163 Prohibition of sale of vehicles without vehicle identification\nnumber\n(1) Subject to subsection (2), a person shall not offer or display for sale\na motor vehicle unless the motor vehicle has marked or affixed on it\na vehicle identification number which, in pursuance of section 101\nof the Motor Vehicles Act 1949, would permit the Registrar, within\nthe meaning of that Act, to register or renew the registration of the\nmotor vehicle under that section.\n(2) Subsection (1) does not apply to a person offering or displaying a\nmotor vehicle for sale where the motor vehicle is offered or\ndisplayed for sale solely for the purpose of the motor vehicle being\nused as a source of spare parts for other motor vehicles.\n","sortOrder":107},{"sectionNumber":"164","sectionType":"section","heading":"Prohibition on sale of vehicles registered interstate","content":"164 Prohibition on sale of vehicles registered interstate\nA dealer shall not sell, or offer or display for sale, a motor vehicle\nwhich:\n(a) is currently registered in a place outside the Territory; or\n(b) has affixed to it a number plate or number plates issued\notherwise than under the Motor Vehicles Act 1949.\n","sortOrder":108},{"sectionNumber":"165","sectionType":"section","heading":"Roadworthiness on sale of vehicle","content":"165 Roadworthiness on sale of vehicle\n(1) Subject to subsection (2), it is a condition of the sale of a motor\nvehicle by a dealer that the vehicle is of a standard fit to meet the\nrequirements of the Motor Vehicles Act 1949 with respect to\nregistration.\n(2) Subsection (1) does not apply to:\n(a) a motor vehicle sold for wrecking; or\n(b) a motor vehicle sold under a contract in the approved form for\nthis paragraph that excludes its application.\n\nConsumer Affairs and Fair Trading Act 1990 75\n(3) Additional requirements in relation to a contract under this section\nmay be prescribed by regulation.\n","sortOrder":109},{"sectionNumber":"166","sectionType":"section","heading":"Dealings with infants","content":"166 Dealings with infants\n(1) A licensed dealer must not:\n(a) purchase or otherwise acquire a second-hand motor vehicle\nfrom a person who is under 18 years old; or\n(b) sell or otherwise dispose of a second-hand vehicle to such a\nperson;\nwithout the consent in writing of that person's parent or guardian.\n(2) In proceedings against a dealer for an offence against\nsubsection (1), it is a defence that the dealer believed, on\nreasonable grounds, that the person in question had attained the\nage of 18 years.\n","sortOrder":110},{"sectionNumber":"167","sectionType":"section","heading":"Documents to be complete before signing","content":"167 Documents to be complete before signing\nA licensed dealer must not, in respect of the sale of a motor vehicle,\nsubmit a document to a person for signature unless at the time of\nsubmitting the document:\n(a) all material particulars in it have been completed; and\n(b) any matter in it which is not relevant to the sale has been\ndeleted.\n","sortOrder":111},{"sectionNumber":"168","sectionType":"section","heading":"Obligation of dealer to repair certain defects","content":"168 Obligation of dealer to repair certain defects\n(1) Where:\n(a) a dealer sells a motor vehicle, and a defect in the vehicle\n(including a defect existing or potentially existing at the time of\nthe sale) subsequently appears or occurs; and\n(b) the circumstances fall within Case 1 or 2 in subsection (2);\nthe dealer is, subject to sections 169 and 171 and regulations\nreferred to in section 170, liable in respect of the defect to the\nextent specified in subsection (3).\n\nConsumer Affairs and Fair Trading Act 1990 76\n(2) Cases 1 and 2 are as follows:\nCase 1 The vehicle was sold:\n(i) otherwise than as a second-hand vehicle; or\n(ii) as a second-hand vehicle which the dealer represented\nto the purchaser as being a demonstration vehicle.\nThe defect appeared or occurred:\n(i) where the vehicle was sold subject to an unexpired\nmanufacturer's warranty – before the expiry of the\nwarranty; or\n(ii) in any other case – before the vehicle had been driven\n5000 km after the sale or (if earlier) the expiry of\n3 months after the sale.\nCase 2 The vehicle was sold as a second-hand vehicle, and:\n(i) the sale was effected not more than 10 years (or in the\ncase of a motor cycle, not more than 5 years) after the\ndate of manufacture of the vehicle; and\n(ii) the vehicle had, at the time of the sale, been driven for\nless than 160 000 km (or, in the case of a motor cycle,\nless than 30 000 km).\nThe defect appeared or occurred before the vehicle had been\ndriven 5000 km after the sale or (if earlier) the expiry of\n3 months after the date on which the purchaser took\npossession of the vehicle.\n(3) The liability of a dealer in respect of a defect is, at the dealer's own\nexpense, to repair and make good the defect (or cause the defect\nto be repaired and made good) so as to place the vehicle in a\nreasonable condition having regard to its age and the distance it\nhas travelled.\n(4) The liability imposed on a dealer by this section shall be treated as\narising under an express term of the contract of sale relating to the\nvehicle.\n(5) For the purposes of Case 2 in subsection (2), the date of\nmanufacture of a vehicle is the date indicated as such by the\nmanufacturer on the body of the vehicle or, if no date is so\nindicated, the date specified in the vehicle's certificate plate within\nthe meaning of the Motor Vehicles Act 1949.\n\nConsumer Affairs and Fair Trading Act 1990 77\n(6) For the avoidance of doubt, it is hereby declared that:\n(a) this section applies to the sale of a motor vehicle by a dealer\nnotwithstanding that it is a sale on consignment; and\n(b) nothing in this section derogates from the application of\nsections 54 and 55 of the Australian Consumer Law (NT) to\nthe sale of a motor vehicle by a dealer.\n","sortOrder":112},{"sectionNumber":"169","sectionType":"section","heading":"Exclusions from duty to repair","content":"169 Exclusions from duty to repair\n(1) Section 168 does not apply:\n(a) to defects of a kind described in subsection (2); or\n(b) to vehicles, or sales of vehicles, of a kind described in\nsubsection (3); or\n(c) where a motor vehicle is purchased under a written contract of\nsale which provides expressly that the section does not apply\nto the sale, and the requirements specified in subsection (4)\nhave been met before the contract is signed by the purchaser.\n(2) The defects referred to in subsection (1)(a) are:\n(a) defects arising from, or incidental to, accidental or malicious\ndamage suffered by the vehicle after the purchaser took\ndelivery of it from the dealer; and\n(b) defects arising from misuse of the vehicle after the purchaser\ntook delivery of it from the dealer, from the negligence of a\ndriver of the vehicle after that time, or from the use of\nthe vehicle after that time for motor racing or motor rallying;\nand\n(c) defects arising from superficial damage to the vehicle\n(whether to its paintwork, its upholstery, or of any other\nnature) which would have been apparent on a reasonable\ninspection of the vehicle carried out at the time of its sale or (if\nearlier) its delivery from the dealer to the purchaser; and\n(d) defects in an accessory which was not fitted to or supplied\nwith the vehicle at the time of its manufacture.\n\nConsumer Affairs and Fair Trading Act 1990 78\n(3) The vehicles, and sales of vehicles, mentioned in subsection (1)(b)\nare:\n(a) a commercial vehicle (other than one that, at the time of its\nsale, is a commercial vehicle or is of a class or description of\ncommercial vehicles to which section 168 applies because of\nthe Regulations); and\n(b) a vehicle that, at the time of its sale, is a vehicle or is of a\nclass or description of vehicles to which section 168 does not\napply because of the Regulations; and\n(c) a used vehicle which has been continuously in the purchaser's\npossession or under the purchaser's control for a period of not\nless than 3 months immediately preceding the sale; and\n(d) the sale of a vehicle to a trade owner; and\n(e) the sale of a vehicle by auction, if the auction is conducted by\na licensed auctioneer in accordance with the Auctioneers\nAct 1935.\n(4) The requirements referred to in subsection (1)(c) are:\n(a) that the purchaser signs a document in the approved form\nstating that the purchaser:\n(i) intends to purchase the motor vehicle under a contract\nof sale which excludes the application of section 168;\nand\n(ii) understands the effects of the exclusion; and\n(b) that the purchaser signs the document referred to in\nparagraph (a):\n(i) otherwise than at a place at which the dealer carries on\nbusiness as such; and\n(ii) in the presence of a person nominated in writing by the\nDirector for the purposes of this subparagraph or a\npolice officer; and\n(c) that the person or police officer referred to in paragraph (b)(ii):\n(i) before the purchaser signs the document referred to in\nparagraph (a), reads to the purchaser a prescribed\nwarning about the rights the purchaser is forgoing; and\n\nConsumer Affairs and Fair Trading Act 1990 79\n(ii) after the purchaser has signed the document, witnesses\nthe signature.\n(5) Additional requirements in relation to a document under\nsubsection (4)(a) may be prescribed by regulation.\n","sortOrder":113},{"sectionNumber":"170","sectionType":"section","heading":"Carrying out of duty to repair","content":"170 Carrying out of duty to repair\n(1) Regulations may make ancillary provision with respect to the\ncarrying out by a dealer of the dealer's obligation under section 168\nin respect of a defect in a motor vehicle, and may in particular (but\nwithout limiting the generality of the foregoing) provide that,\naccording to circumstances specified in the regulations:\n(a) the obligation is dependent on the person seeking to enforce it\ndelivering the vehicle at that person's expense to a place\ndetermined in accordance with the regulations; or\n(b) the obligation is dependent on that person delivering the\nvehicle to a place so determined, but at the dealer's expense;\nor\n(c) the dealer is, for the purpose of carrying out the obligation,\nunder a further obligation to collect, or arrange for the\ncollection of, the vehicle at the dealer's expense.\n(2) Where a person delivers a vehicle to a place in accordance with the\nregulations, and the regulations provide for the delivery to be at the\ndealer's expense, the person may recover the cost of the delivery\nfrom the dealer as a debt due and payable.\n","sortOrder":114},{"sectionNumber":"171","sectionType":"section","heading":"Other provisions ancillary to section 168","content":"171 Other provisions ancillary to section 168\n(1) For the purpose of calculating in relation to a motor vehicle the\nperiod of 3 months referred to in Case 1 or 2 in section 168(2), no\naccount shall be taken of any period during which the vehicle has\nbeen in the possession of the dealer, or of a person acting on\nbehalf of the dealer, for the purpose of ascertaining or carrying out\nthe obligations of the dealer under that section.\n(2) Subject to subsection (3), the liability of a dealer under Case 1 in\nsection 168(2) subsists for the benefit of the owner from time to\ntime of the vehicle, and, for that purpose, the owner from time to\ntime of the vehicle shall be deemed to have contracted to buy the\nvehicle from the dealer who is under the liability on the date of the\nsale giving rise to the liability.\n\nConsumer Affairs and Fair Trading Act 1990 80\n(3) The liability of a dealer under Case 1 in section 168(2) is\nextinguished if, subsequent to the sale giving rise to the liability, the\nvehicle is acquired by a dealer as owner or repossessed by a\nfinancier.\n(4) The liability of a dealer under Case 2 in section 168(2) is a liability\nonly to the person who purchased the vehicle from the dealer.\n","sortOrder":115},{"sectionNumber":"172","sectionType":"section","heading":"Authority required by dealer for sale of motor vehicle on","content":"172 Authority required by dealer for sale of motor vehicle on\nconsignment\n(1) A dealer must not:\n(a) sell a motor vehicle, or an interest in a motor vehicle, for or on\nbehalf of another person; or\n(b) offer or display a motor vehicle for sale for or on behalf of\nanother person;\nunless the dealer is authorised to do so by the owner of the vehicle\nor interest by writing in the approved form.\n(2) An authorisation under subsection (1) must be prepared in\nduplicate, and must:\n(a) be signed by the owner and by or on behalf of the dealer; and\n(b) bear the date on which it is signed by the owner; and\n(c) contain a full statement of the terms of the authorisation; and\n(d) sufficiently describe the vehicle; and\n(e) state whether or not the vehicle is encumbered, and, if\nencumbered, to whom and in what respect; and\n(f) contain a full statement of the commission or other\nremuneration to which the dealer is or is to be entitled.\n\nConsumer Affairs and Fair Trading Act 1990 81\n(3) A dealer who is given an authorisation under subsection (1) must:\n(a) return one copy to the owner after it has been signed by or on\nbehalf of the dealer; and\n(b) where the dealer has effected a sale in reliance on the\nauthorisation, retain the other copy for 3 years after the date of\nthe sale.\n(4) An authorisation under subsection (1) may be varied only by\nagreement of the parties in writing.\n(5) An authorisation under subsection (1) ceases to have effect on the\nexpiry of 90 days beginning on the day after that on which it is\nsigned by the owner, or at such earlier time as the parties may have\nagreed in writing.\n(6) A dealer is not entitled to any commission or other remuneration in\nrespect of the sale of a motor vehicle, or an interest in a motor\nvehicle, effected by the dealer for or on behalf of another person\nunless:\n(a) the sale is effected in accordance with an authorisation\ncomplying with this section; and\n(b) the dealer has complied with subsection (3)(a).\n","sortOrder":116},{"sectionNumber":"173","sectionType":"section","heading":"Period for accounting to consignor","content":"173 Period for accounting to consignor\nA dealer shall account to a consignor in respect of the proceeds of\nthe sale on consignment of a motor vehicle within 14 days after the\ndate of sale of the vehicle or, where a different period has been\nprescribed, within that period.\n\nConsumer Affairs and Fair Trading Act 1990 82\n","sortOrder":117},{"sectionNumber":"174","sectionType":"section","heading":"Notice to be displayed by licensed dealer","content":"174 Notice to be displayed by licensed dealer\n(1) A licensed dealer must display at all times, at each place of\nbusiness specified in the dealer's licence and in a position that is\neasily visible by a person entering the place, a notice complying\nwith subsection (2) and any further requirements that are for the\ntime being prescribed.\n(2) The notice required by subsection (1) must:\n(a) consist of bold black letters on a white background, with the\nletters being not less than 7 cm high and not less than one\ncentimetre wide; and\n(b) state the dealer's name and, if the dealer carries on business\nas a dealer under a different name, the name under which the\nbusiness is carried on; and\n(c) contain the words \"LICENSED MOTOR VEHICLE DEALER\nNUMBER\" or the letters \"LMVD\", followed in either case by\nthe number of the dealer's licence.\n","sortOrder":118},{"sectionNumber":"175","sectionType":"section","heading":"Advertisements by dealers","content":"175 Advertisements by dealers\nA dealer must not publish or permit to be published an\nadvertisement relating to or connected with the business of the\ndealer unless the advertisement states that the dealer is a licensed\ndealer, and specifies the dealer's licence number and place of\nbusiness (or, if the dealer has 2 or more places of business, the\ndealer's principal place of business).\n","sortOrder":119},{"sectionNumber":"176","sectionType":"section","heading":"Dealer's managers to be approved by Director","content":"176 Dealer's managers to be approved by Director\n(1) A licensed dealer must not carry on business as a dealer at a place\nunless there is present and in charge of the day-to-day conduct of\nthe business at that place:\n(a) if the dealer is a body corporate – an individual approved by\nthe Director for this section (approved individual); or\n(b) if the dealer is an individual – either the dealer or an approved\nindividual.\n\nConsumer Affairs and Fair Trading Act 1990 83\n(2) Regulations may:\n(a) make provision with respect to applications to the Director for\napprovals for the purposes of this section; and\n(b) require the Director, on an application for approval being duly\nmade, to grant or withhold approval within a specified time;\nand\n(c) specify the grounds on which the Director is to withhold\napprovals; and\n(d) enable the Director to grant approvals subject to conditions or\nrestrictions; and\n(e) make provision as to the duration of approvals; and\n(f) empower the Director to revoke approvals on specified\ngrounds; and\n(g) provide for the payment of application fees and fees for the\ngranting of approvals; and\n(h) enable the Director to seek such information and advice as the\nDirector considers necessary for the purpose of dealing with\napplications in accordance with the regulations.\n","sortOrder":120},{"sectionNumber":"177","sectionType":"section","heading":"Disqualifications resulting from revocation, cancellation or","content":"177 Disqualifications resulting from revocation, cancellation or\nsuspension of licence\n(1) If a dealer's licence has been revoked by a notice under\nsection 150(2), or cancelled by the operation of section 141(5), or\nsuspended either by a notice under section 150(2) or by the\noperation of section 141(3), this section applies to the dealer:\n(a) in the case of revocation – subject to subsection (2), for a\nperiod of 12 months from the service of the notice; and\n(b) in the case of cancellation – for a period of 12 months from the\ndate when the cancellation took effect; and\n(c) in the case of suspension – until the suspension ends.\n(2) This section ceases to apply to a dealer whose licence has been\nrevoked or suspended by a notice under section 150(2) if the\nDirector's decision to revoke or suspend the licence is set aside by\nNTCAT on review of the decision.\n\nConsumer Affairs and Fair Trading Act 1990 84\n(3) If this section applies to a dealer:\n(a) the dealer is disqualified from holding a licence; and\n(b) if the dealer becomes employed or otherwise engaged in the\nbusiness of another dealer, both the dealer and the other\ndealer are guilty of an offence against this section.\nMaximum penalty for an offence against subsection (3):\nIf the offender is a natural person – 500 penalty units.\nIf the offender is a body corporate – 2 500 penalty\nunits.\n","sortOrder":121},{"sectionNumber":"178","sectionType":"section","heading":"Director to be notified of dissolution of partnership","content":"178 Director to be notified of dissolution of partnership\nIf 2 or more licensed dealers have been carrying on business as\ndealers in partnership with each other and the partnership is\ndissolved, each of those dealers must within 14 days after the date\nof dissolution give written notice of the dissolution to the Director.\n","sortOrder":122},{"sectionNumber":"179","sectionType":"section","heading":"Dealer not entitled to indemnity by antecedent owner","content":"179 Dealer not entitled to indemnity by antecedent owner\n(1) Subject to subsection (2), if a licensed dealer incurs any costs or\nexpenses because of the operation of this Part in respect of the\nsale of a motor vehicle, the dealer is not entitled to be indemnified\nin respect of those costs or expenses by any previous owner, and\nany contract or agreement providing directly or indirectly for the\nlicensed dealer to be so indemnified is void to that extent.\n(2) Subsection (1) does not apply to a contract or agreement providing\nfor a licensed dealer to be so indemnified if the previous owner is a\ntrade owner, a manufacturer, or a manufacturer's distributor.\n","sortOrder":123},{"sectionNumber":"180","sectionType":"section","heading":"Director's certificate as evidence","content":"180 Director's certificate as evidence\n(1) A certificate signed by the Director stating that a person specified in\nthe certificate was or was not, on a date or dates or during a period\nso specified, the holder of a licence so specified is, in all courts and\nbefore all persons and bodies authorised to receive evidence,\nevidence of the matter so stated.\n(2) For the purposes of subsection (1), a document that purports to\nhave been signed by the Director shall be taken to have been so\nsigned unless the contrary is proved.\n\nConsumer Affairs and Fair Trading Act 1990 85\n","sortOrder":124},{"sectionNumber":"181","sectionType":"section","heading":"Contracts not to exclude Part 10","content":"181 Contracts not to exclude Part 10\n(1) Subject to subsection (2), a term of an agreement which purports to\nexclude or limit the operation of this Part, or to preclude any right of\naction or any defence based on or arising out of any failure to\ncomply with this Part, is void.\n(2) Subsection (1) does not apply to an agreement the parties to which\nare a licensed dealer and a body corporate.\n","sortOrder":125},{"sectionNumber":"182","sectionType":"section","heading":"Powers of Director to grant temporary exemptions","content":"182 Powers of Director to grant temporary exemptions\nThe Director may, by Gazette notice, exempt a person specified in\nthe notice, for a period not exceeding 12 months so specified and\neither conditionally or unconditionally, from the application of this\nPart or of any provision or provisions of this Part so specified.\n","sortOrder":126},{"sectionNumber":"183","sectionType":"section","heading":"Regulatory offences","content":"183 Regulatory offences\nAn offence of contravening section 153(1), 157(1), 160(1), 163,\n164, 172(1) or (3) or 174(1) is a regulatory offence.\n","sortOrder":127},{"sectionNumber":"184","sectionType":"section","heading":"Certain provisions of Part 10 to apply to vehicle rental","content":"184 Certain provisions of Part 10 to apply to vehicle rental\nbusinesses\n(1) In this section, vehicle rental business means a business of\nletting or hiring out motor vehicles without granting any right to\npurchase them which is, for the greater part, comprised of letting or\nhiring out motor vehicles for periods not exceeding 4 months or for\nperiods as prescribed.\n(2) Subject to subsection (4), the provisions specified in subsection (3)\nhave effect as if the references to licensed dealers and dealers\ninclude included references to persons carrying on vehicle rental\nbusinesses.\n(3) The provisions referred to in subsection (2) are:\n(a) section 157; and\n(b) section 158, so far as it applies in relation to the disposal of\nmotor vehicles by sale or otherwise; and\n(c) section 160; and\n(d) section 161(3); and\n(e) section 164; and\n\nConsumer Affairs and Fair Trading Act 1990 86\n(f) section 165; and\n(g) section 166, so far as it applies in relation to the disposal of\nsecond-hand motor vehicles by sale or otherwise; and\n(h) section 167; and\n(j) sections 168 to 171, and regulations making any such\nprovision as is mentioned in section 170(1).\n(4) If regulations so provide, a provision applying to or in relation to\npersons carrying on vehicle rental businesses by virtue of this\nsection shall do so subject to such adaptations or modifications as\nare specified in the regulations.\n","sortOrder":128},{"sectionNumber":"185","sectionType":"section","heading":"Definitions","content":"185 Definitions\nbiodiesel means a fuel for compression-ignition internal\ncombustion engines obtained by esterification of oil derived from\nplants or animals.\ndiesel fuel means a petroleum-based fuel for compression-ignition\ninternal combustion engines that is sold as diesel fuel or a biodiesel\nblend.\ndiscounted fuel price, in relation to a prescribed fuel, means the\nprice per litre at which the prescribed fuel is offered for retail sale to\nconsumers after any discount (whether by a voucher, discount rate,\nreward scheme or any other means) is applied.\nfuel retailer, for a service station, means the person who carries on\nthe business of supplying prescribed fuel for retail sale at the\nservice station.\nliquefied petroleum gas means a hydrocarbon fluid mainly\ncomprised of any one or more of the following hydrocarbons:\n(a) propane;\n(b) propylene;\n(c) butane;\n(d) butylene.\n\nConsumer Affairs and Fair Trading Act 1990 87\nnormal fuel price, in relation to a prescribed fuel, means the price\nper litre at which the prescribed fuel is offered for retail sale to\nconsumers without any discount (whether by a voucher, discount\nrate, reward scheme or any other means) applying.\npetrol means a petroleum-based fuel for spark-ignition internal\ncombustion engines that is sold as petrol or a petrol-ethanol blend.\nprescribed fuel means the following:\n(a) petrol;\n(b) diesel fuel;\n(c) liquefied petroleum gas;\n(d) liquefied natural gas;\n(e) biodiesel;\n(f) compressed gas;\n(g) any fuel specified in paragraphs (a) to (f) that is combined with\nanother such fuel or other substance.\nprice board means a board, sign or notice at a service station that\ndisplays information regarding the price of a prescribed fuel offered\nfor retail sale at the service station.\nservice station means a building or place where prescribed fuel is\noffered for retail sale and supplied to motor vehicles, but does not\ninclude a building or place used primarily for hiring, leasing or\nselling motor vehicles.\n","sortOrder":129},{"sectionNumber":"186","sectionType":"section","heading":"Application of Criminal Code","content":"186 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nPart.\nNote for section 186\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":130},{"sectionNumber":"187","sectionType":"section","heading":"Scheme for publication of service station fuel prices","content":"187 Scheme for publication of service station fuel prices\n(1) The regulations may provide for a scheme for the publication of\nnormal fuel prices of prescribed fuel offered for retail sale at service\nstations, on an ongoing and up-to-date basis.\n\nConsumer Affairs and Fair Trading Act 1990 88\n(2) Without limiting subsection (1), the regulations may require fuel\nretailers for service stations to:\n(a) register service stations for the purposes of the scheme; and\n(b) report the normal fuel price of each prescribed fuel offered for\nretail sale at a service station and the date and time from\nwhich the reported price is the normal fuel price of the fuel.\n(3) The Commissioner may arrange for information reported under the\nscheme to be published as the Commissioner thinks fit, including by\nmaking it available on a website or through a telecommunication\nsystem or by any other means.\n","sortOrder":131},{"sectionNumber":"188","sectionType":"section","heading":"Offences in relation to scheme","content":"188 Offences in relation to scheme\n(1) The fuel retailer for a service station commits an offence if:\n(a) the fuel retailer is required to register the service station for\nthe purposes of the scheme; and\n(b) the service station is not registered in accordance with the\nscheme.\n(2) The fuel retailer for a service station commits an offence if the fuel\nretailer:\n(a) is required to report the normal fuel price of a prescribed fuel\nin accordance with the scheme; and\n(b) fails to report the normal fuel price in accordance with the\nscheme.\n(3) The fuel retailer for a service station commits an offence if the fuel\nretailer:\n(a) reports a normal fuel price for a prescribed fuel in accordance\nwith the scheme; and\n(b) offers the prescribed fuel for retail sale at a normal fuel price\nother than the reported price.\n(4) An offence against subsection (1), (2) or (3) is an offence of strict\nliability.\n\nConsumer Affairs and Fair Trading Act 1990 89\n(5) It is a defence to a prosecution for an offence against\nsubsection (1), (2) or (3) if the defendant has a reasonable excuse.\n(6) In this section:\nscheme means the scheme provided for by the regulations under\nsection 187(1).\n","sortOrder":132},{"sectionNumber":"189","sectionType":"section","heading":"Requirements for price boards","content":"189 Requirements for price boards\n(1) The regulations may prescribe requirements in relation to the\ninformation displayed on a price board.\n(2) The fuel retailer for a service station commits an offence if\ninformation is displayed on a price board at the service station other\nthan in accordance with the requirements prescribed under\nsubsection (1).\n(3) An offence against subsection (2) is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant has a reasonable excuse.\n","sortOrder":133},{"sectionNumber":"238","sectionType":"section","heading":"Preparation of draft codes of practice","content":"238 Preparation of draft codes of practice\n(1) The Commissioner may with the approval of the Minister, and shall\nif the Minister so directs, prepare and submit to the Minister for\nconsideration a draft code of practice for fair dealing:\n(a) between a particular class of suppliers and consumers; or\n(b) by a particular class of persons in relation to consumers.\n(2) For the purpose of preparing a draft code of practice, the\nCommissioner shall:\n(a) arrange for consultation with, and invite submissions from,\nsuch persons and organisations as, in the opinion of the\nCommissioner, would have an interest in the terms of the\nproposed code; and\n(b) give notice in a newspaper circulating in the Territory that a\ndraft code is in course of preparation, and invite members of\nthe public to make written submissions with respect to its\nterms.\n\nConsumer Affairs and Fair Trading Act 1990 90\n(3) If the Commissioner is satisfied that associated persons in a field of\ntrade or commerce have, in consultation with organisations\nrepresenting consumers and other interested persons, agreed to\nabide by a particular code of practice in their dealings with or in\nrelation to consumers, the Commissioner may submit the code to\nthe Minister for consideration, together with any recommendations\nby the Commissioner with respect to amendments to the code.\n","sortOrder":134},{"sectionNumber":"239","sectionType":"section","heading":"Regulations may prescribe code approved by Minister","content":"239 Regulations may prescribe code approved by Minister\nRegulations may prescribe a code of practice which has been:\n(a) submitted to the Minister in accordance with section 238; and\n(b) approved by the Minister with or without amendments.\n","sortOrder":135},{"sectionNumber":"240","sectionType":"section","heading":"Undertakings by persons contravening code","content":"240 Undertakings by persons contravening code\n(1) Where it appears to the Commissioner that a person has carried on\nbusiness in contravention of a code of practice applicable to the\nperson, the Commissioner may request the person to execute\nwithin a specified time a deed in terms approved by the\nCommissioner under which the person gives undertakings as to:\n(a) discontinuance of the conduct; and\n(b) future compliance with the code of practice; and\n(c) the action the person will take to rectify the consequences of\nthe contravention;\nor any of those matters.\n(2) A person who fails to observe an undertaking given in a deed\nexecuted under subsection (1) is guilty of an offence.\n","sortOrder":136},{"sectionNumber":"241","sectionType":"section","heading":"Registers of undertakings","content":"241 Registers of undertakings\n(1) The Commissioner shall maintain in such form as the\nCommissioner thinks fit registers of undertakings given pursuant to\nsection 240(1).\n\nConsumer Affairs and Fair Trading Act 1990 91\n(2) Where a person executes a deed containing undertakings pursuant\nto section 240(1), the Commissioner shall:\n(a) retain the deed and enter in a register of undertakings the\nprescribed particulars with respect to the deed; and\n(b) give a copy of the deed to the person who executed it.\n(3) A register of undertakings may, at any reasonable time, be\ninspected by any person free of charge.\n","sortOrder":137},{"sectionNumber":"242","sectionType":"section","heading":"Orders by Local Court where undertaking refused or breached","content":"242 Orders by Local Court where undertaking refused or breached\n(1) Where a person fails to comply with a request by the Commissioner\nfor the giving of an undertaking under section 240(1), the Local\nCourt may, on the application of the Commissioner or any other\nperson, and on being satisfied that there were grounds for\nrequesting the undertaking, order the first-mentioned person:\n(a) to act in a manner that would have been required; or\n(b) to refrain from acting in a manner that would have been\nprohibited;\nby the undertaking if it had been given.\n(2) Where, on the application of the Commissioner or any other person,\nthe Local Court is satisfied that a person has failed to observe an\nundertaking given by that person under section 240(1), the Local\nCourt may make an order under subsection (3).\n(3) The Local Court may order the person by whom the undertaking\nwas given:\n(a) to observe the undertaking; and\n(b) in the case of an undertaking to rectify the consequences of a\ncontravention of a code of practice – to observe the\nundertaking within a time specified in the order.\n(4) Where:\n(a) the failure on which an application under subsection (1) or (2)\nis based is a failure by a body corporate; and\n(b) the Local Court is satisfied that the failure occurred with the\nconsent or connivance of a person who, at the time of the\nfailure, was a director of the body corporate or a person\notherwise concerned in its management;\n\nConsumer Affairs and Fair Trading Act 1990 92\nthe Court may, in addition to any other order, make an order under\nsubsection (5).\n(5) The Local Court may, in a case falling within subsection (4), make\nan order prohibiting the person from:\n(a) continuing to consent to, or connive at, the failure; or\n(b) consenting to, or conniving at, a like failure by any other body\ncorporate of which the person is a director or in the\nmanagement of which the person is concerned.\n(6) An order under this section may be made subject to such conditions\n(whether as to the duration of the order of otherwise) as the Court\nthinks fit including:\n(a) conditions as to the future conduct of the person affected; and\n(b) conditions specifying the action to be taken by the person to\nrectify the consequences of the failure the subject of the\napplication under this section.\n(7) A person who contravenes an order under this section is guilty of\n","sortOrder":138},{"sectionNumber":"243","sectionType":"section","heading":"Variation and discharge of orders","content":"243 Variation and discharge of orders\nThe Local Court may on the application of the Commissioner vary\nor discharge an order made under section 242.\n","sortOrder":139},{"sectionNumber":"244","sectionType":"section","heading":"Interpretation","content":"244 Interpretation\nbusiness premises means premises at which, under a licence:\n(a) business may be conducted with members of the public; and\n(b) goods may be stored.\n\nConsumer Affairs and Fair Trading Act 1990 93\nlawn sale means a sale of goods from a residential dwelling, or\nfrom a parcel of land on which a residential dwelling is situated,\nwhere the property in the goods was not acquired by the seller\nthrough his or her business as a pawnbroker or a second-hand\ndealer.\nlicence means a pawnbroker's licence, a pawnbroker/second-hand\ndealer's licence or a second-hand dealer's licence.\nlicensee means a person who holds a licence.\nofficer, in relation to a body corporate, includes a director,\nsecretary, executive officer or employee of the body.\npawnbroker means a person conducting the business of:\n(a) lending money on the security of pawned goods; or\n(b) receiving goods under a contract for sale where the seller has\na right to buy back the goods.\npawn ticket means a statement required to be given under\nsection 280.\nredemption period means the period referred to in\nsection 288(1)(a)(i) or (ii), whichever applies in the particular case.\nsecond-hand dealer means a person conducting the business of\nbuying, selling or exchanging second-hand goods, whether the\ngoods are bought, sold or exchanged on the person's own behalf or\non behalf of another person.\nsecond-hand goods means any goods which have been worn or\notherwise used but does not include goods belonging to a class of\ngoods prescribed by the regulations as goods not to be treated as\nsecond-hand goods for the purposes of this Act.\nstorage premises means premises at which, under a licence,\ngoods may be stored.\n(2) In this Part a reference to goods in the possession of a person\nincludes a reference to goods under that person's control.\n(3) In this Part, unless the contrary appears, a reference to a contract\nis a reference:\n(a) in the case of a pawnbroker, to a contract for the lending of\nmoney on the security of pawned goods or for the receiving of\ngoods under a contract of sale where the seller has a right to\nbuy back the goods; and\n\nConsumer Affairs and Fair Trading Act 1990 94\n(b) in the case of a second-hand dealer, to a contract for the\npurchase or exchange of second-hand goods by the second-\nhand dealer.\n(4) In this Part a reference to the purchase or exchange of goods in\nrelation to a second-hand dealer includes a reference to a purchase\nor exchange, as the case may be, of goods by the dealer on behalf\nof another person.\n","sortOrder":140},{"sectionNumber":"245","sectionType":"section","heading":"Application","content":"245 Application\nThis Part does not apply to:\n(a) an auctioneer within the meaning of the Auctioneers Act 1935\nwho is acting in accordance with a licence granted to, or for\nthe benefit of, the auctioneer under that Act; or\n(b) a dealer within the meaning of the Firearms Act 1997 who is\nacting in accordance with a licence granted in relation to that\ndealer under that Act; or\n(c) a holder of a licence granted under Part 10 of this Act who is\nacting in accordance with the licence.\n","sortOrder":141},{"sectionNumber":"246","sectionType":"section","heading":"Deeming of loan and interest under buy back contracts","content":"246 Deeming of loan and interest under buy back contracts\nIn the case of a pawnbroker receiving goods under a contract for\nsale where the seller has a right to buy back the goods, then for the\npurposes of this Part:\n(a) the price at which the goods are to be sold under the contract\nis to be taken to be the amount lent; and\n(b) the difference between the amount lent and the price at which\nthe goods may be bought back is to be taken to be the interest\npayable.\n\nConsumer Affairs and Fair Trading Act 1990 95\nDivision 2 Licensing of pawnbrokers and second-hand\n","sortOrder":142},{"sectionNumber":"247","sectionType":"section","heading":"Pawnbrokers to be licensed","content":"247 Pawnbrokers to be licensed\nA person must not act as a pawnbroker except under and in\naccordance with a pawnbroker's licence or a pawnbroker/second-\nhand dealer's licence.\n","sortOrder":143},{"sectionNumber":"248","sectionType":"section","heading":"Second-hand dealers to be licensed","content":"248 Second-hand dealers to be licensed\nA person must not act as a second-hand dealer except under and\nin accordance with a second-hand dealer's licence or a\npawnbroker/second-hand dealer's licence.\n","sortOrder":144},{"sectionNumber":"249","sectionType":"section","heading":"Offence of holding out","content":"249 Offence of holding out\n(1) A person, other than a person who holds a pawnbroker's licence or\na pawnbroker/second-hand dealer's licence, must not hold himself\nor herself out as being, or pretend to be, or make use of any words\nor letters or any name, title, abbreviation, or description that implies\nor tends to encourage the belief that he or she is, a pawnbroker.\n(2) A person, other than a person who holds a second-hand dealer's\nlicence or a pawnbroker/second-hand dealer's licence, must not\nhold himself or herself out as being, or pretend to be, or make use\nof any words or letters or any name, title, abbreviation, or\ndescription that implies or tends to encourage the belief that he or\nshe is, a second-hand dealer.\n\nConsumer Affairs and Fair Trading Act 1990 96\n","sortOrder":145},{"sectionNumber":"250","sectionType":"section","heading":"Licence may be granted to person or partnership","content":"250 Licence may be granted to person or partnership\n(1) The Director may grant a licence to a person or a partnership.\n(2) The Director may grant more than one licence to a person or a\npartnership and any business under that licence may be transacted\nin the name of the person or partnership.\n","sortOrder":146},{"sectionNumber":"251","sectionType":"section","heading":"Application for licence","content":"251 Application for licence\nAn application for the grant of a licence is to be:\n(a) made in an approved form, which is to contain the prescribed\ndetails and other information the Director requires, lodged at a\nplace approved by the Director; and\n(b) accompanied by the prescribed fee.\n","sortOrder":147},{"sectionNumber":"252","sectionType":"section","heading":"Director to advise Police Commissioner etc.","content":"252 Director to advise Police Commissioner etc.\n(1) If the Director receives an application for a licence under\nsection 251, the Director must send a copy of it to the\nCommissioner of Police, together with copies of any accompanying\ndocuments other than statements relating to the material and\nfinancial resources of the applicant.\n(2) The Commissioner of Police, within 28 days of receiving a copy of\nan application under subsection (1), must lodge with the Director a\nnotice in writing which either supports the application or objects to\nthe grant of a licence on the grounds that the applicant may not be\na fit and proper person.\n(2A) A person may, by notice in writing lodged with the Director, object\nto the granting of a licence on any of the grounds specified in\nsection 258.\n(3) A notice of objection under subsection (2) or (2A) is to state the\nreasons for the objection.\n(4) References in this section to an applicant's not being a fit and\nproper person are, where the applicant is:\n(a) a partnership – references to a partner in the partnership; or\n(b) a body corporate – references to a director or other person\nconcerned in the management of the body corporate;\nnot being a fit and proper person.\n\nConsumer Affairs and Fair Trading Act 1990 97\n","sortOrder":148},{"sectionNumber":"254","sectionType":"section","heading":"Documentation in support of application for licence","content":"254 Documentation in support of application for licence\nAn application for the grant of a licence is to be accompanied by:\n(a) where the applicant is a natural person or a partnership –\nevidence as to the identity of the natural person or each\npartner in the partnership:\n(i) by means of his or her birth certificate; or\n(ii) by means of his or her passport, where the passport is\neither current or has not been expired for more than\n24 months; or\n(iii) by means of his or her motor driver's licence; or\n(iv) by other prescribed means; and\n(b) in the case of an application for a licence by a partnership or\nbody corporate:\n(i) where relevant, proof of the business name; and\n(ii) where relevant, proof of incorporation; and\n(iii) written confirmation from one of the other partners or\none of the body's directors, as the case requires, that the\napplicant is authorised by the partnership or the body to\nmake the application; and\n(c) other information the Director requires for the proper\nconsideration of a particular application; and\n(d) other evidence of a prescribed nature or prescribed form.\n","sortOrder":149},{"sectionNumber":"255","sectionType":"section","heading":"Application for renewal of licence","content":"255 Application for renewal of licence\n(1) An application for the renewal of a licence is to be:\n(a) made in an approved form and lodged with the Director; and\n(b) accompanied by the prescribed fee; and\n(c) made within 3 months before the day on which the licence is\ndue to expire.\n(2) If an application for renewal is made while the licence is still in\nforce, the licence remains in force until the date that the applicant is\nnotified of the outcome of the renewal application.\n\nConsumer Affairs and Fair Trading Act 1990 98\n(3) If an application for renewal is granted, the renewed licence is\ntaken to have commenced on the date following the expiry date of\nthe licence it renews.\n","sortOrder":150},{"sectionNumber":"256","sectionType":"section","heading":"Documentation in support of application for renewal of licence","content":"256 Documentation in support of application for renewal of licence\nAn application for the renewal of a licence is to be accompanied by\nevidence of the prescribed type or prescribed form.\n","sortOrder":151},{"sectionNumber":"257","sectionType":"section","heading":"Offences in relation to licence applications","content":"257 Offences in relation to licence applications\nA person must not, in relation to an application for the grant or\nrenewal of a licence, provide information in written or oral form that\nthe person knows to be:\n(a) false or misleading in a material particular; or\n(b) likely to deceive in a material way.\n","sortOrder":152},{"sectionNumber":"258","sectionType":"section","heading":"Objections to grant or renewal of licences","content":"258 Objections to grant or renewal of licences\n(1) A person may object to the grant or renewal of a licence on the\nground that the Director should not or should no longer be satisfied\nin relation to any of the matters referred to in section 259, 260 or\n261 that is relevant to the applicant or, where the applicant is a\npartnership or body corporate, to the partnership and any of the\npartners or to the body and any of the body's officers, as the case\nmay be.\n(2) An objection is to be made in an approved form and is not to be\nconsidered unless it is lodged with the Director:\n(a) in the case of an application (other than an expedited\napplication under section 253) for the grant of a licence, no\nlater than 28 days after the publication date of the notice\nunder section 252; or\n(b) in the case of an application for the renewal of a licence, no\nlater than 28 days before the day the licence is due to expire.\n\nConsumer Affairs and Fair Trading Act 1990 99\n","sortOrder":153},{"sectionNumber":"259","sectionType":"section","heading":"Grant of licences","content":"259 Grant of licences\nThe Director may grant a licence if the Director is satisfied:\n(a) that, where the applicant is a natural person or a partnership –\nthe person or each partner in the partnership has attained the\nage of 18 years; and\n(b) that there is sufficient evidence as to the identity of the\napplicant; and\n(c) that the applicant has not been convicted of an offence\nprescribed for the purposes of this paragraph; and\n(e) that the time for the lodgement of objections has passed and\neither:\n(i) no objection to the application has been made; or\n(ii) each objection has been adequately investigated and\nthat the investigation results justify the grant of the\nlicence; and\n(f) that the applicant is of good character and is in all respects a\nfit and proper person to hold a licence; and\n(g) that there will be during the licence period, adequate\nmanagement, supervision and control of the business\noperations that are the subject of the application; and\n(h) that during the licence period the applicant will be able to\ncomply with:\n(i) the provisions of this Part; and\n(ii) any condition or restriction to which the licence is likely\nto be subject; and\n(j) that the applicant has, or is able to obtain, the means to\nprovide information in accordance with section 316; and\n(k) that the applicant is not:\n(i) an insolvent under administration within the meaning of\nthe Corporations Act 2001; or\n(ii) subject to a type of external administration referred to in\nChapter 5 of the Corporations Act 2001; and\n\nConsumer Affairs and Fair Trading Act 1990 100\n(m) that there is, in relation to the applicant, no charge pending for\nan offence involving dishonesty, fraud or stealing, an offence\nof a nature that renders the applicant unsuitable to hold a\nlicence or that is prescribed for the purposes of paragraph (c);\nand\n(n) where the applicant has been found guilty of an offence, that:\n(i) the circumstances of the applicant's involvement in the\ncommission of the offence; or\n(ii) the period of time between the finding and the\napplication;\ndo not render the applicant unsuitable to hold a licence; and\n(p) that the applicant has not been involved in conduct of a nature\nthat renders the applicant unsuitable to hold a licence; and\n(q) in the case of an application for a pawnbroker's licence or a\npawnbroker/second-hand dealer's licence, that there are\nadequate arrangements for the safekeeping of pawned goods;\nand\n(r) that at the time of the application:\n(i) the applicant is not disqualified from holding the type of\nlicence applied for; and\n(ii) a licence of the type applied for held by the applicant is\nnot suspended; and\n(s) of such other matters as may be prescribed; and\n(t) that there is no other good reason why the licence should not\nbe granted.\n","sortOrder":154},{"sectionNumber":"260","sectionType":"section","heading":"Renewal of licences","content":"260 Renewal of licences\nThe Director may renew a licence if the Director is satisfied:\n(a) in relation to the matters mentioned in section 259(e) to (t) to\nthe extent that those matters apply to the renewal of a licence;\nand\n(b) that the licensee has not contravened:\n(i) a provision of this Part; or\n(ii) the licence or a condition or restriction to which the\nlicence is subject;\n\nConsumer Affairs and Fair Trading Act 1990 101\nin circumstances rendering the renewal of the licence to be\ninappropriate; and\n(c) that no application to NTCAT for review of a decision made\nunder this Part is pending in respect of the licensee.\n","sortOrder":155},{"sectionNumber":"261","sectionType":"section","heading":"Grant and renewal of licences held by partnerships and bodies","content":"261 Grant and renewal of licences held by partnerships and bodies\ncorporate\nWhere an application is made for the grant or renewal of a licence\nby a partnership or a body corporate, the Director is not to grant or\nrenew the licence unless the Director is satisfied as to each of the\nmatters referred to in section 259 or 260, as the case may be, in\nrelation to each of the following persons who is relevant to the\napplication:\n(a) the partnership and the partners;\n(b) the body and the body's officers.\n","sortOrder":156},{"sectionNumber":"262","sectionType":"section","heading":"Refusal to grant or renew licences","content":"262 Refusal to grant or renew licences\n(1) Where the Director refuses to grant a licence the Director, before\n28 days after the decision is made, is to serve the applicant with\nwritten notice setting out the decision and the reasons for the\ndecision.\n(2) Where the Director refuses to renew a licence the Director, no later\nthan 14 days before the day on which the licence is due to expire, is\nto serve the applicant with written notice setting out the decision\nand the reasons for the decision.\n","sortOrder":157},{"sectionNumber":"263","sectionType":"section","heading":"Form of licences","content":"263 Form of licences\n(1) The Director is not to grant or renew a licence without specifying in\nthe licence each business premises and storage premises to which\nthe licence applies.\n(2) Subject to subsection (1), a licence is to be in an approved form.\n","sortOrder":158},{"sectionNumber":"264","sectionType":"section","heading":"Conditions and restrictions","content":"264 Conditions and restrictions\n(1) The Director may grant or renew a licence subject to conditions and\nrestrictions set out in, or provided with, the licence.\n(2) Without limiting subsection (1), a licence may be subject to\nconditions in relation to ascertaining whether a person who is, or is\nproposed to be, employed at business premises has been\nconvicted of an offence the nature of which may render the person\nunsuitable to enter into contracts at the premises or which is\n\nConsumer Affairs and Fair Trading Act 1990 102\nprescribed for the purposes of this section.\n(3) The Director may:\n(a) make an existing licence subject to a new condition or\nrestriction; or\n(b) change or remove a condition or restriction to which an\nexisting licence is subject;\nbut if the Director does so:\n(c) the Director, within 14 days after the decision is made, is to\nserve the licensee with written notice of the decision; and\n(d) the decision does not take effect until 21 days after the\ndecision is made, or at a later time specified in the notice.\n","sortOrder":159},{"sectionNumber":"265","sectionType":"section","heading":"Licence not transferable","content":"265 Licence not transferable\nA licence is not transferable.\n","sortOrder":160},{"sectionNumber":"266","sectionType":"section","heading":"Duration of licences","content":"266 Duration of licences\nA licence may be granted or renewed for the period, being not\nlonger than 3 years from the day of grant or renewal of the licence,\nthe Director thinks fit and specifies in the licence document.\n","sortOrder":161},{"sectionNumber":"267","sectionType":"section","heading":"Suspension, revocation of licences and disqualification","content":"267 Suspension, revocation of licences and disqualification\n(1) Subject to this section, the Director may:\n(a) suspend a licence for the period he or she thinks fit; or\n(b) revoke a licence; or\n(c) disqualify a person from holding a licence for the period the\nDirector thinks fit or permanently.\n(2) The Director may exercise a power mentioned in subsection (1):\n(a) on the ground that the Director should not or should no longer\nbe satisfied in relation to a matter mentioned in section 259,\n260 or 261 that is relevant to the licensee and, if the licence is\nheld by a partnership or body corporate, to the partnership\nand any of the partners or to the body and any of the body's\nofficers; or\n\nConsumer Affairs and Fair Trading Act 1990 103\n(b) on the ground that a person (other than the Director)\nmentioned in paragraph (a) has contravened:\n(i) a provision of this Part; or\n(ii) the licence or a condition or restriction to which the\nlicence is subject.\n(3) A suspension or revocation of, or disqualification in relation to, a\nlicence is not effective unless the Director:\n(a) has served written notice of the intention to suspend, revoke,\nor disqualify on the licensee, stating the grounds on which the\nsuspension, revocation or disqualification is intended to be\nmade and allowing the licensee 21 days within which to\nrespond to the notice; and\n(b) has had due regard to any response to the notice made within\nthat time; and\n(c) has served written notice of the decision to suspend, revoke or\ndisqualify on the licensee at least 14 days before the decision\nis to take effect, stating the grounds on which the decision has\nbeen made.\n(4) A person who has received notice under subsection (3)(c) must,\nwithin 2 business days of receiving the notice, or another period\napproved by the Director, return the licence document to the\nCommissioner.\n(5) If a licence is suspended under this section it is to be treated as\nbeing of no effect during the period of suspension.\n(6) A person who under this section is disqualified from holding a\nlicence must not, during the period of disqualification, apply for a\nlicence of that type.\n","sortOrder":162},{"sectionNumber":"268","sectionType":"section","heading":"Director to keep register of licences","content":"268 Director to keep register of licences\n(1) The Director is to keep, in an approved form, a register of the\nfollowing information in relation to each licence granted:\n(a) the type of licence;\n(b) the name (including, if relevant, the business name) or names\nof the licensee;\n(c) the location of business premises to which the licence applies;\n\n","sortOrder":163},{"sectionNumber":"Subdiv 4","sectionType":"subdivision","heading":"Powers of Court generally in relation to licences","content":"Subdivision 4 Powers of Court generally in relation to licences\nConsumer Affairs and Fair Trading Act 1990 104\n(d) the expiry date;\n(e) other prescribed particulars.\n(2) The Director is to allow any person to inspect the register on\npayment of the prescribed fee, if any.\nSubdivision 4 Powers of Court generally in relation to licences\n","sortOrder":164},{"sectionNumber":"272","sectionType":"section","heading":"Court may suspend, revoke licence or disqualify person upon","content":"272 Court may suspend, revoke licence or disqualify person upon\nconviction\n(1) Where a person is convicted by a court of an offence against this\nPart, the Court may, in addition to any penalty imposed or order\nmade in respect of the conviction:\n(a) order, in relation to a licence applicable to that person:\n(i) that the licence be suspended for the period the Court\nthinks fit; or\n(ii) that the licence be revoked; or\n(iii) that a person be disqualified from holding a licence for\nthe period the Court thinks fit or permanently;\nand that the licence be delivered up to the Court or the\nDirector; or\n(b) impose conditions or restrictions in relation to the licence as it\nthinks fit for the period of time set out in the order.\n(2) When making any order under this section the Court may, if it thinks\nfit, defer the operation of the order pending an appeal.\n(3) If a licence is suspended under this section it is to be treated as\nbeing of no effect during the period of suspension.\n(4) A person who under this Subdivision is disqualified from holding:\n(a) a pawnbroker's licence must not, during the period of\ndisqualification, apply for a pawnbroker's licence or a\npawnbroker/second-hand dealer's licence; or\n(b) a second-hand dealer's licence must not, during the period of\ndisqualification, apply for a second-hand dealer's licence or a\npawnbroker/second-hand dealer's licence; or\n(c) a pawnbroker/second-hand dealer's licence must not, during\nthe period of disqualification, apply for any licence;\n\nConsumer Affairs and Fair Trading Act 1990 105\nor be the subject of an application for such a licence during the\nperiod of disqualification.\n","sortOrder":165},{"sectionNumber":"273","sectionType":"section","heading":"Returns by Court","content":"273 Returns by Court\nWhere a Court has made an order under section 272 in relation to\nthe suspension or revocation of, or disqualification in relation to, a\nlicence, the Court is to ensure that:\n(a) notice of the findings, penalty imposed and orders made in\nrelation to the matter; and\n(b) where relevant, any licence that has been delivered up to the\nCourt;\nis sent to the Director.\n","sortOrder":166},{"sectionNumber":"274","sectionType":"section","heading":"Sign to be displayed","content":"274 Sign to be displayed\nA licensee must keep displayed in a position that is clearly visible\nfrom the outside of the business premises to which the licence\napplies:\n(a) the licensee's name; and\n(b) the words \"Licensed Pawnbroker\", \"Licensed Pawnbroker and\nSecond-hand Dealer\" or \"Licensed Second-hand Dealer\";\nin legible lettering at least 50mm high.\n","sortOrder":167},{"sectionNumber":"275","sectionType":"section","heading":"Certain employee records to be kept and provided to police","content":"275 Certain employee records to be kept and provided to police\n(1) If a person is employed at business premises and the person's\nfunctions include entering into contracts at the premises, the\nlicensee must ensure that the following are kept in relation to the\nperson:\n(a) a record of the person's full name, current residential address\nand date of birth;\n(b) a photograph of the person, certified by the licensee to be a\ntrue photograph of the employee;\n\nConsumer Affairs and Fair Trading Act 1990 106\n(c) all records provided by the person by way of:\n(i) the person's application for employment at the premises;\nand\n(ii) the licensee's compliance with a condition of the licence.\n(2) Records referred to in subsection (1) are to be kept for 12 months\nafter the day the employee ceases to be employed at the premises.\n(3) An authorised officer may require a licensee to produce for\ninspection a record kept under this section and the licensee must\nnot refuse or fail to comply with the request.\n(4) A person employed at business premises whose functions include\nentering into contracts at the premises must, at all times while\nengaged on the business of the licensee, display such\nidentification, if any, as prescribed.\n(5) A person employed at business premises must not enter into a\ncontract for the purchase of goods from, or the exchange of goods\nwith, another person unless the employee's employer has permitted\nthe employee to enter into contracts for the purchase or exchange\nof goods.\n(6) Where an employee is found guilty of an offence against\nsubsection (5), his or her employer is guilty of an offence.\n\nConsumer Affairs and Fair Trading Act 1990 107\nDivision 3 Contracts with pawnbrokers and second-hand\n","sortOrder":168},{"sectionNumber":"276","sectionType":"section","heading":"Persons under 18 or affected by alcohol or drugs","content":"276 Persons under 18 or affected by alcohol or drugs\nA pawnbroker or a second-hand dealer must not enter into a\ncontract with a person who is:\n(a) under 18 years of age; or\n(b) apparently affected by alcohol or a drug.\n","sortOrder":169},{"sectionNumber":"277","sectionType":"section","heading":"Identification of persons","content":"277 Identification of persons\n(1) Subject to subsection (2), a pawnbroker or a second-hand dealer\nmust not enter into a contract with a person unless the pawnbroker\nor second-hand dealer:\n(a) has ascertained the person's full name and current residential\naddress; and\n(b) has verified the person's identity by way of:\n(i) the person's passport, where the passport is either\ncurrent or has not been expired for more than\n24 months; or\n(ii) the person's current motor driver's licence, but only if it\nbears a photograph of the person; or\n(iii) prescribed means.\n(2) Subsection (1)(b) does not apply to a contract entered into with a\nperson conducting a lawn sale.\n\nConsumer Affairs and Fair Trading Act 1990 108\n","sortOrder":170},{"sectionNumber":"278","sectionType":"section","heading":"Offences in relation to false information","content":"278 Offences in relation to false information\nA person must not provide to a pawnbroker or second-hand dealer\ninformation in relation to the person's name, address or age, in\nwritten or oral form, that the person knows to be:\n(a) false or misleading in a material particular; or\n(b) likely to deceive in a material way.\n","sortOrder":171},{"sectionNumber":"279","sectionType":"section","heading":"Records to be made by pawnbrokers","content":"279 Records to be made by pawnbrokers\nA pawnbroker must ensure that the following details are recorded in\nrelation to each contract as soon as the information becomes\navailable to the pawnbroker:\n(a) a distinguishing number for the contract;\n(b) the full name and current residential address of the party\npawning the goods;\n(c) where verification of identity is required under section 277, the\nform of identification used to verify the identity of the party\npawning the goods and the number (if any) of the identification\ndocument;\n(d) the date and time of the contract;\n(e) a description of each of the goods to be pawned including,\nwhere applicable to the goods, the type, size, colour, brand,\nserial number and any distinguishing feature;\n(f) the amount lent in respect of each of the pawned goods;\n(g) the interest to be paid on the amount lent expressed:\n(i) as a percentage rate; and\n(ii) as an amount in dollar terms to be paid for each week or\nmonth, as the case may be, of the loan;\n(h) the types of charges that are, or may become, payable,\nincluding those that may become payable in the event of the\nsale of the goods, and the amount (if known) of the charges;\n\nConsumer Affairs and Fair Trading Act 1990 109\n(j) the redemption period if it is longer than one month;\n(k) the name of the person accepting the goods in pawn as, or on\nbehalf of, the pawnbroker;\n(m) the amount of any repayment made towards satisfaction of the\nloan;\n(n) the premises where the goods will be located during the\nredemption period, and if the goods are moved, the name and\naddress of the location of the goods;\n(p) if the redemption period is extended, the new redemption\nperiod and the date of the agreement to extend the period;\n(q) if goods are redeemed, the date of redemption;\n(r) if unredeemed goods are sold:\n(i) the date of sale; and\n(ii) the details referred to in section 296(1);\n(s) other prescribed matters.\n","sortOrder":172},{"sectionNumber":"280","sectionType":"section","heading":"Pawn tickets","content":"280 Pawn tickets\n(1) Before lending any money under a contract, a pawnbroker must\nensure that a written statement under this section and a copy of the\nstatement are signed by, or on behalf of, the pawnbroker and by the\nother party to the contract and that the statement is given to that\nother party, without charge.\n(2) The statement is to:\n(a) set out the details recorded under section 279(a) to (s)\ninclusive; and\n\nConsumer Affairs and Fair Trading Act 1990 110\n(b) inform the other party:\n(i) of the pawnbroker's obligation under this Part to keep\nthe pawned goods for at least one month or such longer\nperiod as the parties may agree; and\n(ii) that the goods can be redeemed at any time before the\nsale of the goods; and\n(iii) of the party's right to any surplus on the sale of the\ngoods after deduction of interest and charges.\n(3) The pawnbroker must ensure that the statement and the copy each\nbear the original signature of the persons referred to in\nsubsection 1).\n","sortOrder":173},{"sectionNumber":"281","sectionType":"section","heading":"Records to be made by second-hand dealers","content":"281 Records to be made by second-hand dealers\n(1) A second-hand dealer must ensure that the following details are\nrecorded in relation to each contract as soon as the information\nbecomes available to the dealer:\n(a) a distinguishing number for the contract;\n(b) the full name and current residential address of the party\noffering the goods;\n(c) where verification of identity is required under section 277, the\nform of identification used to verify the identity of the party\noffering the goods and the number (if any) of the identification\ndocument;\n(d) the date and time of the contract;\n(e) a description of each of the goods accepted by the dealer\nincluding where applicable to the goods, the type, size, colour,\nbrand, serial number and any distinguishing feature;\n(f) the consideration provided by the dealer for the accepted\ngoods;\n(g) the name of the person accepting the goods as, or on behalf\nof, the dealer;\n\nConsumer Affairs and Fair Trading Act 1990 111\n(h) the premises where the goods will be kept during the period\nreferred to in section 299, and if the goods are moved, the\nname and address of the location of the goods;\n(j) if the goods are disposed of by the dealer, the date of\ndisposal;\n(k) such other matters as may be prescribed.\n(2) A second-hand dealer must ensure that the details of matters\nprescribed for the purposes of subsection (1)(k) are kept in the\nprescribed form.\n","sortOrder":174},{"sectionNumber":"282","sectionType":"section","heading":"Records to be provided by second-hand dealers","content":"282 Records to be provided by second-hand dealers\n(1) Before accepting goods under a contract a second-hand dealer\nmust ensure that:\n(a) the records specified in or prescribed under section 281 that\nare prescribed for the purposes of this section are provided to\nthe other party to the contract; and\n(b) a receipt for the goods and a copy of the receipt are signed\nby, or on behalf of, the dealer and the other party to the\ncontract, and the receipt is given to the other party.\n(2) The second-hand dealer must ensure that the receipt and the copy\neach bear the original signature of the persons referred to in\nsubsection (1).\n\nConsumer Affairs and Fair Trading Act 1990 112\n","sortOrder":175},{"sectionNumber":"283","sectionType":"section","heading":"Keeping of records","content":"283 Keeping of records\n(1) A pawnbroker must ensure that all records required to be made\nunder section 279, a copy of all the pawnbroker's pawn tickets and\nall affidavits provided to the pawnbroker under section 286 are kept:\n(a) for at least one year from the time when the goods are\nredeemed or sold; and\n(b) in the prescribed manner or form.\n(2) A second-hand dealer must ensure that all records required to be\nmade under section 281 and a copy of all receipts given under\nsection 282 are kept:\n(a) for at least one year from the time when the goods are\ndisposed of by the dealer; and\n(b) in the prescribed manner or form.\n(3) A pawnbroker or second-hand dealer must ensure that:\n(a) the records required to be kept under section 275, insofar as\nthey relate to a person who is currently employed by the\npawnbroker or second-hand dealer; and\n(b) all other records required to be kept under this Part that relate\nto contracts entered into within the previous 12 months; and\n(c) all other records kept in the course of carrying on business as\na pawnbroker or second-hand dealer within the previous\n12 months;\n\nConsumer Affairs and Fair Trading Act 1990 113\nare kept at the business premises nominated in the licence for that\npurpose.\n(4) A pawnbroker or second-hand dealer must ensure that:\n(a) the records required to be kept under section 275, insofar as\nthey relate to a person who was, but no longer is, employed\nby the pawnbroker or second-hand dealer; and\n(b) all other records required to be kept under this Part that relate\nto contracts entered into other than within the previous\n12 months; and\n(c) all other records kept in the course of carrying on business as\na pawnbroker or second-hand dealer, other than such records\nkept within the previous 12 months;\nare kept at a place nominated in the licence for that purpose.\n(5) The holder of a pawnbroker/second-hand dealer's licence must\nkeep those records he or she is required under this Part to keep in\nrelation to his or her business as a pawnbroker separate from those\nrecords he or she is required under this Part to keep in relation to\nhis or her business as a second-hand dealer.\n(6) An authorised officer may require a licensee to produce for\ninspection a record required to be kept under this Part and the\nlicensee must not refuse or fail to comply with the request:\n(a) for records required to be kept at the business premises –\nimmediately; or\n\nConsumer Affairs and Fair Trading Act 1990 114\n(b) otherwise – within the period, being not less than one\nbusiness day after the day on which the requirement is made,\nthat the authorised officer specifies.\n","sortOrder":176},{"sectionNumber":"284","sectionType":"section","heading":"Tampering with records","content":"284 Tampering with records\nWhere a pawnbroker or second-hand dealer keeps a record for the\npurposes of this Part, a person must not alter the record in a\nmanner that renders the record false or misleading in a material\nparticular.\n","sortOrder":177},{"sectionNumber":"285","sectionType":"section","heading":"Goods to carry contract number","content":"285 Goods to carry contract number\n(1) A pawnbroker must ensure that all pawned goods are marked or\nlabelled with the distinguishing number of the contract under which\nthe goods were pawned.\n(2) A second-hand dealer must ensure that all second-hand goods\nobtained by the dealer that are for sale or exchange by the dealer\nare marked or labelled with the distinguishing number of the\ncontract under which the goods were obtained.\n\nConsumer Affairs and Fair Trading Act 1990 115\n","sortOrder":178},{"sectionNumber":"286","sectionType":"section","heading":"Pawn tickets lost or stolen","content":"286 Pawn tickets lost or stolen\n(1) A pawnbroker must not replace a pawn ticket alleged by a person\nto have been lost or stolen unless:\n(a) the person provides the pawnbroker with the person's affidavit\nsetting out:\n(i) an accurate description of the pawned goods; and\n(ii) the circumstances of the loss or theft of the pawn ticket;\nand\n(b) the pawnbroker ascertains the person's name and verifies the\nperson's identity in accordance with section 277; and\n(c) the pawnbroker is satisfied on reasonable grounds that the\nperson's claim is lawful.\n(2) A pawnbroker must not charge a person for a replacement pawn\nticket.\n","sortOrder":179},{"sectionNumber":"287","sectionType":"section","heading":"Interpretation","content":"287 Interpretation\nIn this Subdivision pawn ticket includes a replacement pawn ticket\nissued under section 286.\n","sortOrder":180},{"sectionNumber":"288","sectionType":"section","heading":"When goods may be redeemed","content":"288 When goods may be redeemed\n(1) Pawned goods may be redeemed:\n(a) before the expiration of:\n(i) one month; or\n(ii) a period longer than one month agreed by the parties;\n\nConsumer Affairs and Fair Trading Act 1990 116\nfrom the day on which the goods were pawned; and\n(b) where the redemption period has expired, before the sale of\nthe goods.\n(2) A provision in, or condition of, an agreement or arrangement that\npurports to reduce the period referred to in subsection (1)(a)(i) has\nno effect.\n(3) An agreement under subsection (1)(a)(ii) may be made at any time\nbefore the goods are sold.\n","sortOrder":181},{"sectionNumber":"289","sectionType":"section","heading":"Where pawned goods to be kept","content":"289 Where pawned goods to be kept\nA pawnbroker must ensure that pawned goods are kept at business\npremises or storage premises to which the pawnbroker's licence\napplies until the redemption period expires.\n","sortOrder":182},{"sectionNumber":"290","sectionType":"section","heading":"When goods to be redeemed","content":"290 When goods to be redeemed\nSubject to section 291, where pawned goods have not been sold\nthe pawnbroker must deliver the goods to a person who:\n(a) produces to the pawnbroker the pawn ticket for the goods; and\n(b) requests the redemption of the goods; and\n(c) pays the pawnbroker, or tenders to the pawnbroker payment\nof, all money owing under the contract under which the goods\nwere pawned.\n","sortOrder":183},{"sectionNumber":"291","sectionType":"section","heading":"When goods not to be redeemed","content":"291 When goods not to be redeemed\n(1) Section 290 does not apply where:\n(a) the pawnbroker has been informed by a credible person or\nhas reason to believe that the person who produces the pawn\nticket is not the owner of the goods or pawn ticket or is not\nacting with the owner's authority; or\n\nConsumer Affairs and Fair Trading Act 1990 117\n(b) the pawnbroker has been informed by the owner of the pawn\nticket or some other credible person that the ticket has been\nlost, stolen or otherwise unlawfully taken; or\n(c) the provisions of a notice under section 317 prevent delivery\nof the goods; or\n(d) the goods have been seized by a police officer; or\n(e) the goods are not in the possession of the pawnbroker and the\npawnbroker had previously reported to a police officer that the\ngoods had been stolen or otherwise unlawfully obtained from\nthe pawnbroker; or\n(f) the goods were returned to a person under section 318.\n(2) A pawnbroker who does not deliver goods under section 290 in\nreliance on subsection (1)(a) or (b) must, as soon as is practicable,\nnotify a police officer of the reasons for non-delivery and where the\nname and address of the person who requested the delivery are\nknown to the pawnbroker, the name and address of that person.\n","sortOrder":184},{"sectionNumber":"292","sectionType":"section","heading":"Redemption only to holder of pawn ticket","content":"292 Redemption only to holder of pawn ticket\nA pawnbroker must not deliver pawned goods in purported\nredemption of the goods to a person other than the holder of the\npawn ticket for the goods.\n","sortOrder":185},{"sectionNumber":"293","sectionType":"section","heading":"Sale of unredeemed goods","content":"293 Sale of unredeemed goods\n(1) A pawnbroker must not sell pawned goods unless the redemption\nperiod has expired.\n\nConsumer Affairs and Fair Trading Act 1990 118\n(2) If pawned goods have not been redeemed within the redemption\nperiod the pawnbroker must sell the goods:\n(a) as soon as is practicable after the redemption period has\nexpired; and\n(b) so as to receive the best market price reasonably obtainable.\n(3) If any question arises as to whether a pawnbroker has complied\nwith subsection (2), the proof of compliance is on the pawnbroker.\n","sortOrder":186},{"sectionNumber":"294","sectionType":"section","heading":"Unredeemed goods not to be bought by or on behalf of","content":"294 Unredeemed goods not to be bought by or on behalf of\npawnbroker\n(1) A pawnbroker, or a person acting on behalf of a pawnbroker, must\nnot buy goods that have been pawned to and are being sold by the\npawnbroker.\n(2) Where a pawnbroker's licence or a pawnbroker/second-hand\ndealer's licence is held by a partnership or body corporate, a person\nwho is:\n(a) one of the partners; or\n(b) the body; or\n(c) one of the body's officers; or\n(d) acting on behalf of a person referred to in paragraph (a), (b) or\n(c);\nmust not buy goods that have been pawned to and are being sold\nby the pawnbroker.\n\nConsumer Affairs and Fair Trading Act 1990 119\n","sortOrder":187},{"sectionNumber":"295","sectionType":"section","heading":"Application of proceeds of sale","content":"295 Application of proceeds of sale\n(1) Subject to subsection (2), the proceeds of sale of pawned goods\nare to be applied in settlement of all amounts owing to the\npawnbroker under the contract under which the goods were\npawned and the amount of any surplus is a debt due by the\npawnbroker to the other party to the contract.\n(2) Where the amount of the surplus is less than $50 or such other\namount as may be prescribed under section 297, the amount is a\ndebt due and payable by the pawnbroker to the other party to the\ncontract only if the other party has, within 60 days after the sale of\nthe goods, demanded the return of the surplus.\n","sortOrder":188},{"sectionNumber":"296","sectionType":"section","heading":"Records to be made on sale of unredeemed goods","content":"296 Records to be made on sale of unredeemed goods\n(1) A pawnbroker who sells pawned goods must, as soon as\npracticable after the sale, calculate:\n(a) the charges to be paid by the other party to the contract under\nwhich the goods were pawned; and\n(b) the surplus (if any) due to the other party;\nand record those details with the details recorded under section 279\nin relation to the goods.\n(2) Where pawned goods have been sold by a pawnbroker, the\npawnbroker must on request allow the other party to the contract\nunder which the goods were pawned to inspect the record relating\nto the sale.\n\nConsumer Affairs and Fair Trading Act 1990 120\n","sortOrder":189},{"sectionNumber":"297","sectionType":"section","heading":"Notice as to surplus","content":"297 Notice as to surplus\n(1) Subject to subsection (2), a pawnbroker who sells pawned goods\nmust, before 14 days after the sale, send by certified mail to the last\nknown address of the other party to the contract under which the\ngoods were pawned, a notice informing the party:\n(a) of the amount of any surplus proceeds of sale; and\n(b) that the party is entitled to receive that amount from the\npawnbroker at the pawnbroker's business premises or in\nanother manner as agreed, within 60 days after the notice is\nissued.\n(2) Subsection (1) does not apply where:\n(a) the other party in writing requested the pawnbroker not to give\nthe party notice under that subsection; or\n(b) the surplus is less than $50 or the prescribed amount.\n","sortOrder":190},{"sectionNumber":"298","sectionType":"section","heading":"Payment of surplus on demand","content":"298 Payment of surplus on demand\nA pawnbroker who sells goods pawned by a person must upon\ndemand pay the amount of any surplus payable to the person under\nsection 295 at the pawnbroker's business premises or in another\nmanner as agreed.\n\nConsumer Affairs and Fair Trading Act 1990 121\n","sortOrder":191},{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Retention of second-hand goods","content":"Subdivision 3 Retention of second-hand goods\n","sortOrder":192},{"sectionNumber":"299","sectionType":"section","heading":"Second-hand goods to be kept unchanged at least 14 days","content":"299 Second-hand goods to be kept unchanged at least 14 days\nA second-hand dealer must, in relation to all second-hand goods\nobtained in the course of the dealer's business, keep the goods for\nat least 14 days after the goods were obtained without altering the\nform of the goods, including by cleaning, repairing or repainting\nthem.\n","sortOrder":193},{"sectionNumber":"300","sectionType":"section","heading":"Where second-hand goods to be kept","content":"300 Where second-hand goods to be kept\nSubject to section 318, a second-hand dealer must ensure, in\nrelation to all second-hand goods obtained in the course of the\ndealer's business, that the goods are kept at business premises or\nstorage premises to which the dealer's licence applies during the\nperiod referred to in section 299.\nSubdivision 4 Other matters relating to contracts with\npawnbrokers and second-hand dealers\n","sortOrder":194},{"sectionNumber":"301","sectionType":"section","heading":"Pawnbroker not to charge establishment fee","content":"301 Pawnbroker not to charge establishment fee\n(1) A pawnbroker must not require or receive a fee, other than by way\nof interest, in respect of a person's application to enter into a\ncontract with the pawnbroker.\n(2) A provision in, or condition of:\n(a) a contract; or\n\nConsumer Affairs and Fair Trading Act 1990 122\n(b) an agreement or arrangement in relation to entering into a\ncontract;\nfor a payment other than interest in consideration for entering into a\ncontract with a pawnbroker is of no effect.\n","sortOrder":195},{"sectionNumber":"302","sectionType":"section","heading":"Re-pledging of goods prohibited","content":"302 Re-pledging of goods prohibited\nA pawnbroker must not pawn any goods that are pawned to the\npawnbroker.\n","sortOrder":196},{"sectionNumber":"303","sectionType":"section","heading":"No contracting out of liability for loss or damage","content":"303 No contracting out of liability for loss or damage\nA provision in, or condition of, an agreement or arrangement in\nrelation to the liability of a pawnbroker for the loss of, or damage to,\npawned goods has no effect if it is less favourable to the owner of\nthe goods than the common law.\n","sortOrder":197},{"sectionNumber":"304","sectionType":"section","heading":"Buyer may be compensated","content":"304 Buyer may be compensated\nWhere a person buys or purports to buy goods from a pawnbroker\nor second-hand dealer and title to the goods, as a matter of law,\neither:\n(a) does not pass to the buyer; or\n(b) having passed to the buyer, revests in a person who was the\nowner of the goods;\nthe buyer may recover from the pawnbroker or dealer in a court of\ncompetent jurisdiction, the amount paid by the buyer to the\npawnbroker or dealer and any other costs reasonably incurred in\nrelation to the acquisition and loss of the goods.\n","sortOrder":198},{"sectionNumber":"305","sectionType":"section","heading":"Certain rights and remedies saved","content":"305 Certain rights and remedies saved\nExcept to the extent that this Part expressly provides otherwise,\nnothing in this Part affects a right or remedy that a person would\nhave had if this Part had not been enacted.\n\nConsumer Affairs and Fair Trading Act 1990 123\n","sortOrder":199},{"sectionNumber":"306","sectionType":"section","heading":"Civil consequences of breach of breach of section 247","content":"306 Civil consequences of breach of breach of section 247\nIf a pawnbroker's licence or a pawnbroker/second-hand dealer's\nlicence is not held by a person who acts as a pawnbroker, the other\nparty to a contract with that person:\n(a) is not liable to repay the money lent to him or her or to pay any\ninterest or any charge in connection with the contract; and\n(b) is entitled to recover the goods the subject of the contract; and\n(c) if he or she has paid or repaid any amount referred to in\nparagraph (a), may recover the amount in a court of\ncompetent jurisdiction as a debt due to him or her by the\nperson acting as a pawnbroker.\n","sortOrder":200},{"sectionNumber":"307","sectionType":"section","heading":"Civil consequences of breach of section 280","content":"307 Civil consequences of breach of section 280\n(1) If a pawnbroker lends money under a contract but does not give to\nthe other party to the contract a pawn ticket in accordance with\nsection 280, the other party is not liable to pay any amount for\ninterest or for any charge in connection with the contract.\n(2) If the other party has paid an amount referred to in subsection (1)\nthat party may recover the amount in a court of competent\njurisdiction as a debt due to him or her by the pawnbroker.\n","sortOrder":201},{"sectionNumber":"308","sectionType":"section","heading":"Criminal liability","content":"308 Criminal liability\n(1) Sections 306 and 307 do not affect the criminal liability of a person\nfor a breach of section 247 or 280 respectively.\n(2) Where a pawnbroker commits an offence against this Part in\nrelation to a contract, the other party to the contract does not by\nreason only of being a party to the contract take part in committing\nthe offence.\n","sortOrder":202},{"sectionNumber":"309","sectionType":"section","heading":"Breach does not otherwise vitiate contract","content":"309 Breach does not otherwise vitiate contract\nExcept as provided by sections 306 and 307, a contract is not\nillegal, void or unenforceable by reason only that a pawnbroker has\ncontravened this Part in relation to the contract.\n","sortOrder":203},{"sectionNumber":"310","sectionType":"section","heading":"Relief from sections 306 and 307","content":"310 Relief from sections 306 and 307\n(1) In this section pawnbroker includes a person who has acted as a\npawnbroker although not under a pawnbroker's licence or a\npawnbroker/second-hand dealer's licence held by the person.\n\nConsumer Affairs and Fair Trading Act 1990 124\n(2) A pawnbroker affected by section 306 or 307 may apply to a court\nof competent jurisdiction for relief from the section.\n(3) Where an application is made under subsection (2), the Court after\nconsidering the circumstances, including the conduct of the\npawnbroker and the other party to the contract and any loss\nsuffered by the other party, may refuse to make an order or may\nmake an order as to the amount (if any) to be paid or recovered by\nthe other party that it thinks fit.\n(4) If the other party to the contract has suffered loss as a result of a\ncontravention of section 247 or 280 the Court is to ensure in making\nan order under subsection (3) that the amount that that party would\nhave been liable to pay but for the contravention is reduced by an\namount that is not less than the amount of the loss.\n(5) A contract has effect subject to an order, if any, made in relation to\nit under this section.\n(6) An amount payable to a person under an order of the Court under\nthis section is recoverable in a court of competent jurisdiction as a\ndebt.\n","sortOrder":204},{"sectionNumber":"311","sectionType":"section","heading":"Entry to and inspection of licensed premises without warrant","content":"311 Entry to and inspection of licensed premises without warrant\n(1) A police officer may without warrant enter premises to which a\nlicence applies and inspect goods and records kept at the\npremises:\n(a) in the case of business premises, at a time when the premises\nare open for business; and\n(b) in the case of storage premises, at a time when business\npremises to which the licence applies are open for business.\n(2) A police officer may, at a time when business premises to which a\nlicence applies are open for business, require a person who is\napparently in charge of the premises to open storage premises to\nwhich the licence also applies.\n(3) A police officer may, without warrant, during an inspection of\npremises for the purposes of this section:\n(a) enter a room, a storage area or another part of the premises;\nand\n(b) require a person on the premises to open or unlock a room,\narea or part of premises; and\n\nConsumer Affairs and Fair Trading Act 1990 125\n(c) where a person on the premises refuses to, or is unable to,\nopen or unlock a room, area or part of premises, use force\nreasonably necessary to gain entry to the room, area or part;\nand\n(d) open and examine the contents of:\n(i) a package; or\n(ii) an unlocked container, cupboard, drawer, chest, trunk,\nbox, cage or other receptacle;\nfound on the premises; and\n(e) require a person on the premises to open or unlock a locked\ncontainer, cupboard, drawer, chest, trunk, box, cage or other\nreceptacle on the premises; and\n(f) where a person on the premises is unwilling or unable to open\nor unlock an item referred to in paragraph (e), use force\nreasonably necessary to open or unlock the item.\n(4) A person must not refuse or fail to comply with a requirement under\nthis section.\n","sortOrder":205},{"sectionNumber":"312","sectionType":"section","heading":"Assistance in the location of goods at licensed premises","content":"312 Assistance in the location of goods at licensed premises\nlicence applies, the member may require a person who at the time\nis apparently in charge of the premises to without delay:\n(a) produce for inspection goods kept by the pawnbroker or\nsecond-hand dealer; and\n(b) identify and locate goods kept by the pawnbroker or second-\nhand dealer that correspond to a particular record kept by the\npawnbroker or dealer under this Part; and\n(c) where the goods to be produced, located or identified have\nbeen but are no longer kept by the pawnbroker or second-\nhand dealer, provide:\n(i) information as to the current location of the goods; or\n\nConsumer Affairs and Fair Trading Act 1990 126\n(ii) if the current location of the goods is not known,\ninformation as to what has happened to the goods.\n(2) In this section, a reference to goods or records kept by a\npawnbroker or second-hand dealer is a reference to goods or\nrecords kept at premises to which the licence held by the\npawnbroker or dealer applies.\n(3) A person must not refuse or fail to comply with a requirement under\nthis section and must not provide information that is false or\nmisleading.\n","sortOrder":206},{"sectionNumber":"313","sectionType":"section","heading":"Provision of, and assistance in relation to, records etc.","content":"313 Provision of, and assistance in relation to, records etc.\nlicence applies, the member may require a person who at the time\nis apparently in charge of the premises to without delay:\n(a) produce for inspection a record kept by the pawnbroker or\nsecond-hand dealer under this Part; and\n(b) identify and locate records kept by the pawnbroker or second-\nhand dealer under this Part that correspond to particular\ngoods kept by the pawnbroker or dealer; and\n(c) produce for inspection a licence relevant to the business.\n(2) In this section, a reference to records or goods kept by a\npawnbroker or second-hand dealer is a reference to records or\ngoods kept at premises to which the licence held by the pawnbroker\nor dealer applies.\n(3) Where the production of a record is required under this section and\nthe record is not in a readable format, the requirement to produce\nthe record is to be treated as a requirement to produce:\n(a) the record itself; and\n(b) the contents of the record in a readable format.\n\nConsumer Affairs and Fair Trading Act 1990 127\n(4) A person must not refuse or fail to comply with a requirement under\nthis section and must not provide information that is false or\nmisleading.\n","sortOrder":207},{"sectionNumber":"314","sectionType":"section","heading":"Police may seize records for certain purposes","content":"314 Police may seize records for certain purposes\n(1) Where a record kept under this Part is produced for inspection a\npolice officer may seize the record for the purpose of making copies\nor notes of some or all of the record.\n(2) If a record is seized under this section, then as soon as practicable:\n(a) a receipt is to be issued; and\n(b) either the original record is to be returned or a copy of the\nrecord is to be given;\nto the person from whom the record was seized.\n","sortOrder":208},{"sectionNumber":"315","sectionType":"section","heading":"Police to be informed in certain circumstances","content":"315 Police to be informed in certain circumstances\nA pawnbroker or second-hand dealer who suspects for any reason\nthat goods:\n(a) in the possession of the pawnbroker or dealer may have been\nstolen or otherwise unlawfully obtained, must without delay\ninform a police officer of the suspicion and provide a\ndescription of the goods; or\n(b) which the pawnbroker is offered for pawn or the dealer is\noffered for exchange or sale may have been stolen or\notherwise unlawfully obtained, must without delay inform a\npolice officer of the suspicion and provide a description of the\ngoods and of the person who offered the goods.\n\nConsumer Affairs and Fair Trading Act 1990 128\n","sortOrder":209},{"sectionNumber":"316","sectionType":"section","heading":"Information about goods to be given","content":"316 Information about goods to be given\nA pawnbroker or second-hand dealer must:\n(a) in the prescribed manner and form (which may include an\nelectronic form); and\n(b) at the prescribed time;\nprovide to prescribed persons such information or records, or such\naccess to information or records, as is prescribed.\n","sortOrder":210},{"sectionNumber":"317","sectionType":"section","heading":"Notice to stop dealing","content":"317 Notice to stop dealing\n(1) A police officer who has reasonable cause to suspect that goods in\nthe possession of a pawnbroker or second-hand dealer have been\nstolen or otherwise unlawfully obtained may personally serve the\npawnbroker or dealer with a notice under this section.\n(2) A notice under this section is to:\n(a) specify the goods suspected of having been stolen or\notherwise unlawfully obtained; and\n(b) state that the pawnbroker or second-hand dealer is prohibited\nfrom altering the form of the goods, including by cleaning,\nrepairing and repainting them, or disposing of the goods in any\nway within 21 days after service of the notice and that the\ngoods specified in the notice are to be held separately from\nother goods for the period of the notice or a shorter period as\nagreed.\n(3) A notice under this section may be reissued once for a further\nperiod of 21 days from the day the first period ends.\n\nConsumer Affairs and Fair Trading Act 1990 129\n(4) A pawnbroker or second-hand dealer must not refuse or fail to\ncomply with the provisions of a notice served on the pawnbroker or\ndealer under this section.\n","sortOrder":211},{"sectionNumber":"318","sectionType":"section","heading":"Certificate may be issued entitling person to return of goods","content":"318 Certificate may be issued entitling person to return of goods\n(1) Where a person alleges to the Commissioner of Police that goods\nthat the person had possession of otherwise than as a pawnbroker\nor second-hand dealer:\n(a) have been stolen or otherwise unlawfully obtained from the\nperson or have been pawned, sold or exchanged without the\nperson's authority; and\n(b) are in the possession of a pawnbroker or second-hand dealer;\nthe Commissioner of Police may issue to the person a certificate\nspecifying that the goods are the property of the person specified in\nthe certificate.\n(2) Where a certificate under subsection (1) is produced to a\npawnbroker, a second-hand dealer, or an employee of a\npawnbroker or second-hand dealer, in possession of the goods, the\npawnbroker, second-hand dealer or employee must, within 7 days\nafter production of the certificate:\n(a) deliver the goods to the person specified in the certificate; or\n(b) make an application under section 322 in relation to the\ngoods.\n","sortOrder":212},{"sectionNumber":"319","sectionType":"section","heading":"Seizure of goods suspected stolen","content":"319 Seizure of goods suspected stolen\nlicence applies and has reasonable cause to suspect that goods in\nthe possession of a pawnbroker or second-hand dealer have been\n\nConsumer Affairs and Fair Trading Act 1990 130\nstolen or otherwise unlawfully obtained, the member may without\nwarrant seize the goods.\n(2) Where goods are seized from a pawnbroker or second-hand dealer\na police officer is to:\n(a) issue a receipt for the goods as soon as practicable; and\n(b) where the record is in a signable format and the person who at\nthe time is apparently in charge of the premises so requests,\nsign the record made under section 279 or 281, as the case\nmay be.\n(3) A pawnbroker or second-hand dealer may request that a police\nofficer, before leaving premises at which goods have been seized\nunder this section, sign a document accurately listing the goods\nseized, and the member is to comply with the request.\n(4) Where it is established to the satisfaction of a police officer that\ngoods seized from a pawnbroker or second-hand dealer have not\nbeen stolen or otherwise unlawfully obtained, a member of the\nPolice Force is to return the goods to the pawnbroker or second-\nhand dealer as soon as practicable.\n(5) Where subsection (4) does not apply in relation to goods seized\nfrom a pawnbroker or second-hand dealer, a police officer:\n(a) is to return the goods to the owner of the goods; or\n(b) where the goods are not returned to the owner and competing\nclaims have been made as to rights in respect of the goods,\nkeep the goods in safe custody until the claims have been\ndetermined;\nand in either case, is to notify the pawnbroker or second-hand\ndealer of the manner of disposal.\n(6) Nothing in subsection (5) affects a right of a pawnbroker or second-\nhand dealer to take proceedings to recover possession of goods\nseized from the pawnbroker or dealer but the proceedings are to be\ncommenced within 6 months after the day the goods are seized.\n","sortOrder":213},{"sectionNumber":"320","sectionType":"section","heading":"Power of pawnbrokers, dealers and others to arrest","content":"320 Power of pawnbrokers, dealers and others to arrest\n(1) In this section a reference to a pawnbroker or second-hand dealer\nis also a reference to a person who at the relevant time is in charge\nof the premises to which the licence relates.\n(2) Where a person offers to pawn, sell, exchange or deliver goods to a\npawnbroker or second-hand dealer and the pawnbroker or dealer\n\nConsumer Affairs and Fair Trading Act 1990 131\nhas reasonable cause to suspect that an offence has been\ncommitted by the person in relation to the goods, the pawnbroker or\ndealer may arrest the person.\n","sortOrder":214},{"sectionNumber":"321","sectionType":"section","heading":"Summary orders if stolen goods pawned, sold or exchanged","content":"321 Summary orders if stolen goods pawned, sold or exchanged\n(1) A person may apply for an order under this section where goods:\n(a) have been stolen or unlawfully obtained from him or her or\nhave been pawned, sold or exchanged without his or her\nauthority; and\n(b) are in the possession of a pawnbroker or second-hand dealer.\n(2) A copy of an application for an order under subsection (1) is to be\nserved on the pawnbroker or second-hand dealer in relation to\nwhom the application is made.\n(3) The Local Court may make an order for:\n(a) the delivery of the goods to the owner of the goods; and\n(b) the payment by or to the pawnbroker or second-hand dealer of\nan amount of money as determined by the Court;\nat or by the time stated in the order.\n(4) Where a pawnbroker or second-hand dealer:\n(a) has disposed of goods after notice that the goods were stolen\nor unlawfully obtained; or\n(b) refuses or fails to deliver goods in accordance with an order of\nthe Local Court;\nthe Court may order that the pawnbroker or dealer pay to the owner\nof the goods an amount determined by the Court as compensation\nfor the value of the goods.\n","sortOrder":215},{"sectionNumber":"322","sectionType":"section","heading":"Summary order where second-hand dealer or pawnbroker","content":"322 Summary order where second-hand dealer or pawnbroker\nclaims goods\n(1) A pawnbroker or second-hand dealer may apply to the Local Court\nfor an order under this section where:\n(a) a certificate under section 318(2) is produced to the\npawnbroker or second-hand dealer, or an employee of the\npawnbroker or second-hand dealer, in possession of the\ngoods; or\n\nConsumer Affairs and Fair Trading Act 1990 132\n(b) goods in respect of which the pawnbroker or second-hand\ndealer has rights have been returned to a person under\nsection 319(5)(a).\n(2) Where an application is made under subsection (1), the Court may\nissue a summons for the production of the goods and the\nappearance before the Court of each person who appears to the\nCourt to have a claim of ownership of, or rights in respect of, the\ngoods.\n(3) The Local Court may:\n(a) make an order for the delivery of the goods to the party who\nappears to be the rightful owner of the goods; or\n(b) where the owner cannot be ascertained, make any order with\nrespect to the goods the Court thinks fit;\nand may make an order for the payment by or to a party making a\nclaim for the goods of an amount of money as determined by the\nCourt at or by the time stated in the order.\n","sortOrder":216},{"sectionNumber":"323","sectionType":"section","heading":"Summary orders where competing claims to goods","content":"323 Summary orders where competing claims to goods\n(1) A police officer may apply to the Local Court for an order under this\nsection where the member:\n(a) has seized under this Part; or\n(b) under any other written law has seized from:\n(i) a pawnbroker or second-hand dealer; or\n(ii) a person who obtained from a pawnbroker or second-\nhand dealer;\ngoods suspected to have been stolen or otherwise unlawfully\nobtained, and competing claims have been made as to rights in\nrespect of the goods.\n(2) A copy of an application for an order under subsection (1) is to be\nserved on each person who, in the opinion of the Local Court, has\nmade a competing claim as to rights in respect of the goods.\n(3) The Local Court may:\n(a) make an order for the delivery of the goods to the party who\nappears to be the rightful owner of the goods; or\n\nConsumer Affairs and Fair Trading Act 1990 133\n(b) where the owner cannot be ascertained, make such order with\nrespect to the goods as the Court thinks fit;\nand may make an order for the payment by or to a party making a\nclaim for the goods of an amount of money as determined by the\nCourt at or by the time stated in the order.\n","sortOrder":217},{"sectionNumber":"324","sectionType":"section","heading":"Licensee's liability for employees, agents","content":"324 Licensee's liability for employees, agents\n(1) If an employee or agent of the licensee commits an offence against\nthis Part for which the licensee would have been liable had it been\ncommitted by the licensee, the licensee is to be treated as having\ncommitted an offence and is liable to the penalty prescribed for the\noffence committed by the employee or agent.\n(2) Proceedings under this section may be taken against a licensee\nwhether or not proceedings are taken against the employee or\nagent and whether or not the employee or agent was convicted of\nthe offence.\n(3) In proceedings for an offence against this section:\n(a) it is not a defence that the licensee did not know of, or could\nnot reasonably have been aware of or have prevented, the\noffence being committed by the employee or agent; and\n(b) it is a defence, proof of which is on the licensee, that the\nlicensee had taken reasonable steps to prevent the\ncommission of the offence.\n","sortOrder":218},{"sectionNumber":"325","sectionType":"section","heading":"Liability of partners, bodies corporate and officers","content":"325 Liability of partners, bodies corporate and officers\n(1) If a licence is held by a partnership or body corporate and the\nlicensee or an employee or agent of the partnership or body\ncommits an offence against this Part:\n(a) subject to subsection (2), each of the partners; or\n(b) the body corporate;\nis to be treated as having committed an offence and is liable to the\npenalty prescribed for the offence committed by the licensee or\nemployee or agent of the partnership or body.\n(2) Subsection (1) does not apply to a partner who proves that:\n(a) the offence was committed without the partner's consent or\nconnivance; and\n\nConsumer Affairs and Fair Trading Act 1990 134\n(b) the partner exercised all such due diligence to prevent the\ncommission of the offence as ought to have been exercised,\nhaving regard to the nature of the partner's functions and to all\nthe circumstances.\n(3) Where a body corporate is treated as having committed an offence\nagainst this Part, each of the body's officers may be treated as\nhaving committed the offence unless the officer proves that:\n(a) the offence was committed without the officer's consent or\nconnivance; and\n(b) the officer exercised all such due diligence to prevent the\ncommission of the offence as ought to have been exercised,\nhaving regard to the nature of the officer's functions and to all\nthe circumstances.\n(4) The reference in subsection (2) to a partner does not include a\nreference to a partner who is also the licensee and the defence\navailable to an officer under subsection (3) is not available to an\nofficer who is also the licensee.\n","sortOrder":219},{"sectionNumber":"326","sectionType":"section","heading":"Duty to advise pawn ticket holders where pawn-broking","content":"326 Duty to advise pawn ticket holders where pawn-broking\nbusiness sold\n(1) Where a pawnbroker sells or transfers his or her business to a\nperson (the purchaser), the rights and obligations of the\npawnbroker in relation to each pawn ticket issued by the\npawnbroker are transferred to the purchaser.\n(2) The pawnbroker must notify each holder of a pawn ticket of the\ntransfer to the purchaser of the rights and obligations of the\npawnbroker in relation to the ticket, unless the purchaser agrees in\nwriting to give the notice.\n20 penalty units or imprisonment for\n\nConsumer Affairs and Fair Trading Act 1990 135\n(3) Where the purchaser agrees to give notice under subsection (2), he\nor she must notify each holder of a pawn ticket of the transfer of the\nrights and obligations of the pawnbroker in relation to the ticket to\nthe purchaser.\n20 penalty units or imprisonment for\n","sortOrder":220},{"sectionNumber":"327","sectionType":"section","heading":"Orders to enable redemption of goods where licence revoked","content":"327 Orders to enable redemption of goods where licence revoked\netc.\n(1) If a person who has pawned goods to a pawnbroker is unable to\nredeem the goods because the pawnbroker's licence has been\nsubsequently suspended, revoked or not renewed, the Local Court\nmay, on the application of any person, make the orders the Court\nthinks fit in relation to conducting business at the premises for the\npurpose of redeeming the goods.\n(2) Nothing in subsection (1) affects any power of the Director or a\ncourt in relation to licences.\n(3) A person must not, without reasonable excuse, refuse or fail to\ncomply with an order under this section.\n","sortOrder":221},{"sectionNumber":"328","sectionType":"section","heading":"Secrecy","content":"328 Secrecy\n(1) Except as provided in this section, a person must not directly or\nindirectly record, use or divulge any information obtained by reason\nof any function that person has, or at any time had, in the\nadministration of this Act or the Pawnbrokers Act 1980 repealed by\nthe Consumer Affairs and Fair Trading Amendment Act 1997.\n\nConsumer Affairs and Fair Trading Act 1990 136\n(2) Subsection (1) does not apply to the recording, use or divulging of\ninformation:\n(a) in the course of duty; or\n(b) under this Part or another law; or\n(c) for the purposes of the investigation of a suspected offence or\nthe conduct of proceedings against a person for an offence; or\n(d) with the consent of the person to whom the information\nrelates, or each of them if there is more than one.\n(3) Subsection (1) does not apply to the recording, use or divulging of\nstatistical or other information that could not reasonably be\nexpected to lead to the identification of a person to whom it relates.\n","sortOrder":222},{"sectionNumber":"329","sectionType":"section","heading":"Evidentiary provisions","content":"329 Evidentiary provisions\nIn all courts and before all persons and bodies authorised to receive\nevidence:\n(a) goods are to be treated as being in the possession of a\npawnbroker or second-hand dealer if the goods are in a place\nthat is occupied by, or under the control of, the pawnbroker or\ndealer; and\n(b) in the absence of evidence to the contrary:\n(i) a certificate purporting to be issued by the Director or\nDirector's delegate and stating that a licence is or is not\nheld by or on behalf of a person, the conditions or\nrestrictions to which a licence is subject, or the premises\nto which a licence applies, on a day or days or during a\nperiod mentioned in the certificate, is evidence of the\nmatters so stated; and\n(ii) proof is not required of any delegation under this Part or\nof the appointment, or terms of appointment, of any\nlicensing officer under this Part; and\n(c) judicial notice must be taken, for this Part, of:\n(i) the fact that a person is the Director ; and\n(ii) the signature of the Director or Director's delegate on a\ncertificate purporting to be issued under paragraph (b).\n\nConsumer Affairs and Fair Trading Act 1990 137\n","sortOrder":223},{"sectionNumber":"329A","sectionType":"section","heading":"Review by NTCAT","content":"329A Review by NTCAT\n(1) NTCAT has jurisdiction to review a decision (a reviewable\ndecision) specified in Schedule 1.\n(2) An affected person, for a reviewable decision, is a person\nspecified in Schedule 1 for the decision.\n(3) An affected person for a reviewable decision may apply to NTCAT\nfor review of the decision.\n(4) Subsection (5) applies in relation to an application made by an\naffected person for review of a decision made by the Director under\nPart 14, Division 2.\n(5) If the affected person has been or is charged with an offence\nreferred to in section 259(m), NTCAT may adjourn the review of the\ndecision until any proceedings in respect of the charge have been\nfinally determined.\nNote for section 329A\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to NTCAT for review and other relevant matters in relation\nto reviews.\n","sortOrder":224},{"sectionNumber":"330A","sectionType":"section","heading":"Prosecutions","content":"330A Prosecutions\n(1) Proceedings for an offence against this Act, other than the\nAustralian Consumer Law (NT), may only be commenced:\n(a) within 2 years after the date on which the offence is alleged to\nhave been committed; or\n(b) with the authorisation of the Minister, at a later time within\n5 years after the date on which the offence is alleged to have\nbeen committed.\n(2) In any proceedings, an apparently genuine document purporting to\nbe an authorisation under subsection (1) is to be accepted, in the\nabsence of proof to the contrary, as proof of the authorisation.\n\nConsumer Affairs and Fair Trading Act 1990 138\n","sortOrder":225},{"sectionNumber":"330","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"330 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence by contravening a\ndeclared provision (a relevant offence) and the officer knew,\nor could reasonably have been expected to have known, that\nthe contravention would happen; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the contravention; and\n(c) the officer failed to take reasonable steps to prevent the\ncontravention.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) This section does not affect the liability of the body corporate.\n(5) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(6) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n\nConsumer Affairs and Fair Trading Act 1990 139\n(7) In this section:\ndeclared provision means:\n(a) section 47(1), 124A(1) or (2) or 176(1); or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":226},{"sectionNumber":"331","sectionType":"section","heading":"Liability for act or default of officer, employee or agent","content":"331 Liability for act or default of officer, employee or agent\nFor this Act, other than Part 5 and the Australian Consumer Law\n(NT), an act or default of an officer, employee or agent of a person\ncarrying on a business will be taken to be an act or default of that\nperson unless it is proved that the officer, employee or agent acted\noutside the scope of his or her actual, usual and ostensible\nauthority.\n","sortOrder":227},{"sectionNumber":"332","sectionType":"section","heading":"Infringement notices","content":"332 Infringement notices\n(1) Regulations made under this Act may:\n(a) prescribe the payment of a prescribed amount in lieu of a\npenalty which may otherwise be imposed for an offence\nagainst this Act or Regulations made under this Act; and\n(b) prescribe the service of notices on persons alleged to have\ninfringed this Act or Regulations made in relation to this Act\nand particulars to be included in such notices.\n(2) The Commissioner and the Director are enforcement agencies for\nthe purposes of the Fines and Penalties (Recovery) Act 2001.\n","sortOrder":228},{"sectionNumber":"333","sectionType":"section","heading":"Allegation that person was a consumer","content":"333 Allegation that person was a consumer\nIf it is alleged in any proceedings under this Act, or in any other\nproceedings in respect of a matter arising under this Act, that a\nperson was a consumer in relation to particular goods or services, it\nshall be presumed until the contrary is established that that person\nwas a consumer in relation to those goods or services.\n\nConsumer Affairs and Fair Trading Act 1990 140\n","sortOrder":229},{"sectionNumber":"334","sectionType":"section","heading":"Service of documents","content":"334 Service of documents\n(1) Where by this Act a notice or other document is required to be\ngiven to or served on a person, it may, subject to this Act, be given\nor served:\n(a) to or on an individual – as mentioned in subsection (2); or\n(b) to or on a body corporate – as mentioned in subsection (3).\n(2) In the case of an individual, the notice or other document may be\ngiven or served:\n(a) by delivering it to the individual personally; or\n(b) by leaving it at the individual's place of residence last known\nto the person who issued it with a person who apparently\nresides there and who has, or apparently has, attained the\nage of 16 years; or\n(c) without limiting the other provisions of this subsection, where\nthe individual is the holder of a licence under Part 10, by\nleaving it at a place at which the holder is authorised to carry\non the business to which the licence relates with a person who\nis apparently employed at that place and who has, or\n(d) by sending it by prepaid post addressed to the individual at the\nplace of residence referred to in paragraph (b) or, where the\nindividual is the holder of a licence under Part 10, a place\nreferred to in paragraph (c).\n(3) In the case of a body corporate, the notice or other document may\nbe given or served:\n(a) by delivering it to a person who is, or apparently is, concerned\nin the management of the body corporate; or\n(b) by leaving it at the registered office of the body corporate with\na person who is apparently employed there and who has, or\n(c) without limiting the other provisions of this subsection, where\nthe body corporate is the holder of a licence under Part 10, by\nleaving it at a place at which the holder is authorised to carry\non the business to which the licence relates with a person who\nis apparently employed at that place and who has, or\n\nConsumer Affairs and Fair Trading Act 1990 141\n(d) by sending it by prepaid post addressed to the body corporate\nat its registered office or, where the body corporate is the\nholder of a licence under Part 10, a place referred to in\nparagraph (c).\n(4) Nothing in this section affects:\n(a) the operation of any other law of the Territory that authorises\nthe service of a document in any other way; or\n(b) the power of a court to authorise service of a document in any\nother way.\n","sortOrder":230},{"sectionNumber":"335","sectionType":"section","heading":"Secrecy","content":"335 Secrecy\n(1) Subject to subsection (2), a person shall not divulge or\ncommunicate information which the person acquires by reason of\nbeing employed or engaged or otherwise concerned in or in\nconnection with the administration or enforcement of this Act\nexcept:\n(a) with the consent of the person from whom the information was\nobtained; or\n(b) in connection with the administration or enforcement of this\nAct; or\n(c) to the Commissioner of Police; or\n(d) for the purposes of legal proceedings.\n(2) Notwithstanding subsection (1), the Commissioner or the Director\nor a person authorised by the Commissioner or the Director may\ncommunicate to the appropriate Minister or official of the Crown in\nright of the Commonwealth or of the Territory or of any State or\nother Territory of the Commonwealth information which the\nCommissioner or the Director considers should be communicated\nfor the purpose of the administration or enforcement of any law of\nthe Commonwealth, of the Territory, or of any State or other\nTerritory of the Commonwealth.\n\nConsumer Affairs and Fair Trading Act 1990 142\n","sortOrder":231},{"sectionNumber":"336","sectionType":"section","heading":"Protection from liability","content":"336 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) the Commissioner;\n(b) the Deputy Commissioner;\n(ba) the Director;\n(c) a member of a committee appointed under this Act;\n(d) a person otherwise employed or engaged in, or in connection\nwith, the administration or enforcement of this Act.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) This section has effect subject to Part VIIA of the Police\nAdministration Act 1978 to the extent it relates to the civil liability of\na person who is or has been a police officer.\n(4) In this section:\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":232},{"sectionNumber":"337","sectionType":"section","heading":"Power to grant exemptions","content":"337 Power to grant exemptions\n(2) The Minister may, by Gazette notice, exempt (conditionally or\nunconditionally) from the application of a specified provision of this\nAct:\n(a) a specified person or persons of a specified class or\ndescription; or\n(b) specified goods or goods of a specified class or description; or\n(c) specified transactions or transactions of a specified class or\ndescription.\n(3) The Minister may, by instrument in writing, delegate to a named\nperson or the holder from time to time of a specified designation,\noffice or position, his or her power of exemption under\nsubsection (2).\n\nConsumer Affairs and Fair Trading Act 1990 143\n","sortOrder":233},{"sectionNumber":"338","sectionType":"section","heading":"Regulations","content":"338 Regulations\n(1) The Administrator may make regulations under this Act.\n(3) A regulation may provide for an offence punishable by a penalty not\nexceeding 100 penalty units for a natural person or 500 penalty\nunits for a body corporate.\n339 Repeals\nThe enactments specified in Schedule 2 are repealed.\n340 Savings and transitional provisions\nSchedule 3 has effect.\n\nConsumer Affairs and Fair Trading Act 1990 144\nsection 329A\nItem Reviewable decision Affected person\n1 A decision of the Director under\nsection 136 or 137 to refuse an\napplication for a licence\n2 A decision of the Director under\nsection 138(1) to grant a licence if a\nperson objected to the grant of the\nlicence under section 134(2) or (2A)\nThe person who objected\n3 A decision of the Director under\nsection 138(1) and (3) to grant a licence\nsubject to terms or conditions\ngrant of the licence under\nsection 134(2) or (2A) – the\nperson who objected\n4 A decision of the Director under\nsection 150(1) to take no further action in\nrelation to a holder of a licence if a notice\nof objection was lodged under\nsection 147(3)\nThe Commissioner of\nPolice\n5 A decision of the Director under\nsection 150(2) to exercise a power\nconferred by section 145 to revoke or\nsuspend a licence, or to vary a term or\ncondition of a licence\nThe holder of the licence\nIf the Director gave a notice\nto a person other than the\nholder of the licence under\nsection 149(3) – the person\nIf a notice of objection was\nlodged under\nsection 147(3) – the\nCommissioner of Police\n6 A decision of the Director under\nsection 152 to refuse an application\n7 A decision of the Director under\nsection 259 to refuse to grant a licence\n\nConsumer Affairs and Fair Trading Act 1990 145\nItem Reviewable decision Affected person\n8 A decision of the Director under\nsection 259 to grant a licence, including\nany decision made by the Director:\n(a) under section 263(1) as to the\npremises to which the licence is,\nor is not, to apply; or\n(b) under section 264(1) to grant the\nlicence subject to conditions or\nrestrictions; or\n(c) under section 266 as to the period\nfor which the licence is granted\ngrant of the licence under\nsection 252(2) or (2A)\nor 258 – the person who\nobjected\n9 A decision of the Director under\nsection 260 to refuse to renew a licence\nThe licensee\n10 A decision of the Director under\nsection 260 to renew a licence, including\nany decision made by the Director:\n(a) under section 263(1) as to the\npremises to which the renewed\nlicence is, or is not, to apply; or\n(b) under section 264(1) to renew the\nlicence subject to conditions or\nrestrictions; or\n(c) under section 266 as to the period\nfor which the licence is renewed\nrenewal of the licence\nunder section 258 – the\nperson who objected\n11 A decision of the Director under\nsection 264(3) to:\n(a) make an existing licence subject\nto a new condition or restriction; or\n(b) change or remove a condition or\nrestriction to which an existing\nlicence is subject\nThe person who holds the\n12 A decision of the Director under\nsection 267(1) to suspend or revoke a\nperson's licence, or to disqualify a person\nfrom holding a licence\nThe person\n\nConsumer Affairs and Fair Trading Act 1990 146\nsection 339\n1. Consumer Protection\nConsumer Protection Ordinance 1978 No. 41, 1978\nConsumer Protection Amendment Act 1983 No. 17, 1983\n2. Door-to-Door Sales\nDoor to Door Sales Ordinance 1967 No. 47, 1967\nDoor to Door Sales Ordinance 1973 No. 14, 1973\nDoor to Door Sales Ordinance (No. 2) 1973 No. 62, 1973\n3. False Advertising\nFalse Advertising Ordinance 1970 No. 58, 1970\n4. Motor Vehicle Dealers\nMotor Vehicle Dealers Act 1979 No. 85, 1979\nMotor Vehicle Dealers Regulations\n(comprising Regulations No. 22, 1980 and\nNo. 4, 1981)\n5. Unordered Goods and Services\nUnordered Goods and Services Ordinance 1972 No. 74, 1972\n6. Trading Stamps\nTrading Stamp Act, 1904 of the State of South Australia (No. 859\nof 1904) so far as that Act applies to the Territory as a law of the\nTerritory\n\nConsumer Affairs and Fair Trading Act 1990 147\nsection 340\n","sortOrder":234},{"sectionNumber":"Part 1","sectionType":"part","heading":"Transitional matters for period before Consumer Affairs and","content":"Part 1 Transitional matters for period before Consumer Affairs and\nFair Trading Amendment (National Uniform Legislation)\nAct 2010\n1 Application of Interpretation Act 1978\nThe provisions of this Part do not prejudice the operation in relation\nto the repeals effected by this Act of section 12 of the Interpretation\nAct 1978 so far as that section is consistent with those provisions.\n3 Door to Door Sales\nNotwithstanding the repeal of the enactments specified in\nparagraph 2 of Schedule 2, the Door to Door Sales Ordinance 1967\nas amended shall, on and after the day on which the repeal takes\neffect, continue to have effect in relation to agreements to which it\napplied immediately before that day.\n4 Motor Vehicle Dealers\n(1) In this paragraph, appointed day means the day on which the\nrepeal of the enactments specified in paragraph 4 of Schedule 2\ntakes effect.\n(2) If it appears to the Commissioner to be desirable to do so having\nregard to the length of time between:\n(a) the end of the period covered by the report on the operation of\nthe Motor Vehicle Dealers Act 1979 last submitted to the\nMinister pursuant to section 45 of that Act; and\n(b) the appointed day;\nthe Commissioner shall, as soon as practicable after the appointed\nday, submit to the Minister a report on the operation of the Act from\nthe end of that period to the appointed day; and section 12(4) of this\nAct shall apply to the report as it applies to a report under that\nsection.\n(3) Licences of individual dealers in force under the Motor Vehicle\nDealers Act 1979 immediately before the appointed day shall be\ntreated as from that day as having been granted under Part X of\nthis Act (and shall be so treated, and of full force and effect under\nPart 10, notwithstanding that they do not comply as to form or\ncontent with the requirements of that Part); and where, immediately\n\nConsumer Affairs and Fair Trading Act 1990 148\nbefore the appointed day, a single licence under the Act of 1979 is\nheld by 2 or more dealers carrying on business as such in\npartnership, each of those dealers shall be treated as from that day\nas holding a licence granted under Part 10 in the terms of that\nlicence.\n(4) The Commissioner may issue to a dealer referred to in\nsubparagraph (3) a licence in a form issued under Part 10 endorsed\nwith the terms to which the licence, by virtue of that subparagraph,\nis subject.\n(5) For the purposes of section 129(1), a place at which a licenced\ndealer carries on business as such immediately before the\nappointed day shall be treated as from that day as specified in the\ndealer's licence as it has effect by virtue of subparagraph (3).\n(6) In relation to a licence to which subparagraph (3) applies,\nsection 153 shall have effect as if it required the dealer to cause the\nlicence to be exhibited at all times in a conspicuous position at the\nplace where the dealer carries on business as such or, if the dealer\ncarries on business as such at 2 or more places, at whichever of\nthose is the dealer's principal place of business.\n(7) Where subparagraph (3) has effect, section 174 shall have effect as\nif the reference in subsection (1) to each place of business\nspecified in a dealer's licence were a reference to each place of\nbusiness at which the dealer carries on business as such.\n(8) The Register of Motor Vehicle Dealers kept immediately before the\nappointed day pursuant to section 6 of the Motor Vehicle Dealers\nAct 1979 shall be treated as from that day as the Register of Motor\nVehicle Dealers kept pursuant to section 155 of this Act.\n(9) As from the appointed day, all authorities given for the purposes of\nsection 21 of the Motor Vehicle Dealers Act 1979 shall cease to\nhave effect.\n5. Unordered Goods and Services\nNotwithstanding its repeal, the Unordered Goods and Services\nOrdinance 1972 as amended shall, on and after the day on which\nthe repeal takes effect, continue to have effect in relation to events\nand matters to which it applied immediately before that day.\n6 Regulations\n(1) Regulations may make further provision of a savings or transitional\nnature consequential on the repeal of any of the enactments\nspecified in Schedule 2.\n\nConsumer Affairs and Fair Trading Act 1990 149\n(2) A provision referred to in subparagraph (1) shall, if the regulations\nso provide, have effect despite any other paragraph of this\nSchedule.\n","sortOrder":235},{"sectionNumber":"Part 2","sectionType":"part","heading":"Transitional matters for Consumer Affairs and Fair Trading","content":"Part 2 Transitional matters for Consumer Affairs and Fair Trading\nAmendment (National Uniform Legislation) Act 2010\namendment Act means the Consumer Affairs and Fair Trading\nAmendment (National Uniform Legislation) Act 2010.\ncommencement means the commencement of section 13 of the\namendment Act.\nnew Act means the Consumer Affairs and Fair Trading Act 1990 as\nin force immediately after the commencement.\nold Act means the Consumer Affairs and Fair Trading Act 1990 as\nin force immediately before the commencement.\n2 Interpretation Act 1978 not affected\nThis Part does not limit Part III of the Interpretation Act 1978.\n3 Authorised officers\nA person who, immediately before the commencement, was an\nauthorised officer for the purposes of a Part of the old Act is taken\nto be an authorised officer for the same Part of the new Act.\n4 Proceedings already commenced\n(1) The old Act continues to apply to or in relation to any proceedings\nunder or in relation to the old Act that were commenced, but not\nconcluded, before the commencement.\n(2) However, to the extent any such proceedings are proceedings for\nan injunction under section 89 of the old Act, the proceedings are\ntaken, after the commencement, to be proceedings for an injunction\nunder section 232 of the Australian Consumer Law (NT).\n\nConsumer Affairs and Fair Trading Act 1990 150\n5 Sale price of motor vehicle partly recoverable if certain offence\ncommitted\n(1) This paragraph applies if:\n(a) before or after the commencement, a person is found guilty of\nan offence consisting of a contravention of section 44 of the\nold Act committed by falsely stating:\n(i) the year in which a motor vehicle was manufactured or\nfirst registered; or\n(ii) the model designation of the vehicle; and\n(b) a person (the purchaser) purchased the motor vehicle relying\non the statement; and\n(c) before the commencement, the purchaser had not made an\napplication under section 162(1).\n(2) The purchaser may apply to the Commissioner for an order under\nsection 162(2).\n(3) The application must be dealt with as if it were made under\nsection 162(1).\n6 Unfair contract terms\n(1) Part 2-3 of the Australian Consumer Law (NT) applies to a contract\nentered into on or after the commencement.\n(2) If an old contract is renewed on or after the commencement,\nPart 2-3 of the Australian Consumer Law (NT) applies to the\ncontract on and from the day on which the renewal takes effect, in\nrelation to conduct that occurs on or after that day.\n(3) If a term of an old contract (to which subparagraph (2) has not\nalready applied) is varied on or after the commencement:\n(a) Part 2-3 of the Australian Consumer Law (NT) applies to the\nterm as varied on and from the day on which the variation\ntakes effect, in relation to conduct that occurs on or after that\nday; and\n(b) sections 23(2) and 27 of the Australian Consumer Law (NT)\napply to the contract.\n\nConsumer Affairs and Fair Trading Act 1990 151\n(4) In this paragraph:\nold contract means a contract entered into before the\n7 Requests for itemised bills\nSection 101 of the Australian Consumer Law (NT) does not apply in\nrelation to a supply of services to the extent the services were\nsupplied before the commencement.\n8 Pecuniary penalties – having regard to previous findings\nThe reference in section 224(2)(c) of the Australian Consumer\nLaw (NT) to proceedings under Chapter 4 or Part 5-2 of the\nAustralian Consumer Law (NT) includes a reference to\nproceedings, commenced before the commencement, under or in\nrelation to:\n(a) Part 6 of the old Act; or\n(b) Part VC or VI of the Trade Practices Act 1974 (Cth); or\n(c) equivalent provisions of a law of a State or another Territory.\n","sortOrder":236},{"sectionNumber":"Part 3","sectionType":"part","heading":"Transitional matters for Statute Law Amendment (Directors'","content":"Part 3 Transitional matters for Statute Law Amendment (Directors'\nLiability) Act 2015\n1 Offences – before and after commencement\n(1) Section 330, as inserted by the Statute Law Amendment (Directors'\nLiability) Act 2015, (the new section) applies in relation to a\nrelevant offence committed by a body corporate after the\ncommencement of Part 2, Division 4 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n(2) Section 330, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a body\ncorporate before the commencement; and\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubparagraph (1), the new section does not apply.\n\nConsumer Affairs and Fair Trading Act 1990 152\n","sortOrder":237},{"sectionNumber":"Part 4","sectionType":"part","heading":"Transitional matters for Justice and Licensing Legislation","content":"Part 4 Transitional matters for Justice and Licensing Legislation\nFurther Amendment Act 2022\namending Act means Part 3, Division 3 of the Justice and\nLicensing Legislation Further Amendment Act 2022.\ncommencement means the commencement of the amending Act.\n2 Delegations\nA delegation by the Commissioner of any of the Commissioner's\npowers or functions under Part 10 or 14, other than a power or\nfunction under section 162, that is in force immediately before the\ncommencement, is taken to be a delegation by the Director made\nunder section 17B.\n3 Authorised officers\n(1) A person who, immediately before the commencement, is an\nauthorised officer for Parts 10 and 14 is taken to have been\nappointed by the Director in relation to those Parts under\nsection 18(4) as in force after the commencement.\n(2) A person who, immediately before the commencement, is an\nauthorised officer for this Act is taken to have been appointed by\nthe Commissioner in relation to this Act, other than Parts 10 and 14,\nunder section 18(3) as in force after the commencement.\n4 Pending applications\n(1) Subparagraph (2) applies in relation to an application if, before the\n(a) the application had been made to the Commissioner under\n","sortOrder":238},{"sectionNumber":"Part 10","sectionType":"part","heading":"or 14 (other than section 162); and","content":"Part 10 or 14 (other than section 162); and\n(b) the Commissioner had not made a decision on the application.\n(2) The application must be dealt with and decided in accordance with\nthis Act as in force immediately before the commencement.\n(3) The decision made by the Commissioner on the application is taken\nto be a decision made by the Director under this Act.\n\nConsumer Affairs and Fair Trading Act 1990 153\n5 Pending appeals\n(1) Subparagraph (2) applies in relation to an appeal if, before the\n(a) the appeal had been commenced under this Act; and\n(b) a decision on the appeal had not been made.\n(2) The appeal must be dealt with in accordance with this Act as in\nforce immediately before the commencement.\n6 Appeals not yet commenced\n(1) Subparagraph (2) applies in relation to a decision if, before the\n(a) the decision had been made by the Commissioner and the\nperiod for appealing the decision had not expired; and\n(b) an appeal had not been commenced.\n(2) A person who would have been entitled to appeal against the\ndecision under this Act as in force immediately before the\ncommencement may do so under this Act as in force after the\ncommencement as if the decision had been made by the Director.\n7 Continuation of ongoing documents and actions\n(1) On the commencement, an ongoing document continues with the\nsame force and effect as if it had been issued by, or given to, the\n(2) On the commencement, an ongoing action continues with the same\nforce and effect as if it had been done by, or in relation to, the\n(3) This paragraph applies subject to the other provisions of this Part.\n(4) In this paragraph, a reference to something done before the\ncommencement includes a reference to something done after the\ncommencement in accordance with this Part as if it had been done\nbefore the commencement.\n\nConsumer Affairs and Fair Trading Act 1990 154\n(5) In this paragraph:\nongoing action means an action or thing that:\n(a) was done by, or in relation to, the Commissioner before the\ncommencement in or for the exercise of a power or\nperformance of a function under this Act that, on the\ncommencement, is conferred on the Director; and\n(b) immediately before the commencement, had ongoing effect.\nongoing document means a document that:\n(a) was issued by, or given to, the Commissioner before the\ncommencement in or for the exercise of a power or\nperformance of a function under this Act that, on the\ncommencement, is conferred on the Director; and\n(b) immediately before the commencement, had ongoing effect.\n8 Offence provisions – before and after commencement\n(1) The offence provisions, as amended by the amending Act, apply\nonly in relation to offences committed after the commencement.\n(2) The offence provisions, as in force before the commencement,\ncontinue to apply in relation to offences committed before the\n(3) For this paragraph, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n(4) In this paragraph:\noffence provisions means the provisions of this Act that create or\nrelate to offences (including in relation to criminal responsibility,\ndefences and penalties).\nPart 5 Transitional matters for Statute Law Amendment (NTCAT\nConferral of Jurisdiction) Act 2023\namending Act means the Statute Law Amendment (NTCAT\nConferral of Jurisdiction) Act 2023.\ncommencement means the commencement of Part 8 of the\namending Act.\n\nConsumer Affairs and Fair Trading Act 1990 155\nformer Act means this Act as in force immediately before the\nformer appeal provisions means section 139, 151 or 269 of the\nformer Act.\n2 Fair reporting objections and orders made before\ncommencement\n(1) Section 119 of the former Act continues to apply after the\ncommencement in relation to a notice of objection served on a\nreporting agency or trader by a person under section 119(1) of the\nformer Act before the commencement.\n(2) Section 121 of the former Act continues to apply after the\ncommencement in relation to an order made by the Local Court\nunder section 119(6) of the former Act before the commencement.\n3 Fair reporting appeals not commenced before commencement\n(1) This paragraph applies to a person if, immediately before the\ncommencement, the person:\n(a) was entitled to appeal to the Local Court under section 119(5)\nof the former Act; and\n(b) had not yet commenced an appeal.\n(2) The person may appeal to the Local Court under section 119(5) of\nthe former Act, as if Part 8 of the amending Act had not\ncommenced.\n(3) The Local Court must hear and determine the person's appeal in\naccordance with section 119(5) and (6) of the former Act, as if\n","sortOrder":239},{"sectionNumber":"Part 8","sectionType":"part","heading":"of the amending Act had not commenced.","content":"Part 8 of the amending Act had not commenced.\n(4) Section 119(7) of the former Act continues to apply after the\ncommencement in relation to the person's appeal.\n(5) Section 121 of the former Act continues to apply after the\ncommencement in relation to any order that is made by the Local\nCourt under section 119(6) of the former Act on the person's\nappeal.\n\nConsumer Affairs and Fair Trading Act 1990 156\n4 Fair reporting appeals not determined before commencement\n(1) This paragraph applies in relation to an appeal to the Local Court\nthat:\n(a) was commenced by a person under section 119(5) of the\nformer Act; and\n(b) had not been finally determined by the Local Court before the\n(2) The Local Court must continue to hear and determine the person's\nappeal in accordance with section 119(5) and (6) of the former Act,\nas if Part 8 of the amending Act had not commenced.\n(3) Section 119(7) of the former Act continues to apply after the\ncommencement in relation to the person's appeal.\n(4) Section 121 of the former Act continues to apply after the\ncommencement in relation to any order that is made by the Local\nCourt under section 119(6) of the former Act on the person's\nappeal.\n5 NTCAT review limited to decisions made after commencement\nSection 329A applies only in relation to a reviewable decision that is\nmade after the commencement.\n6 Other appeals not commenced before commencement\n(1) This paragraph applies to a person if, immediately before the\ncommencement, the person:\n(a) was entitled to appeal to the Local Court against a decision\nunder the former appeal provisions; and\n(b) had not yet commenced an appeal against the decision.\n(2) The person may appeal to the Local Court against the decision in\naccordance with the former appeal provisions, as if Part 8 of the\namending Act had not commenced.\n(3) The Local Court must hear and determine the person's appeal in\naccordance with the former appeal provisions, as if Part 8 of the\namending Act had not commenced.\n\nConsumer Affairs and Fair Trading Act 1990 157\n7 Other appeals not determined before commencement\n(1) Subparagraph (2) applies in relation to an appeal to the Local Court\nthat:\n(a) was commenced by a person under the former appeal\nprovisions; and\n(b) had not been finally determined by the Local Court before the\n(2) The Local Court must continue to hear and determine the person's\nappeal in accordance with the former appeal provisions, as if Part 8\nof the amending Act had not commenced.\n\nConsumer Affairs and Fair Trading Act 1990 158\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nConsumer Affairs and Fair Trading Act 1990 (Act No. 49, 1990)\nAssent date 4 October 1990\nCommenced ss 1 to 96, 123, 124, 232, 239 and sch 2 paras 1, 3, 5 and 6:\n1 April 1991 (Gaz S20, 28 March 1991);\nss 226 to 231: 1 April 1992 (Gaz G12, 25 March 1992, p 2);\nss 97 to 113: 1 July 1992 (Gaz G23, 10 June 1992, p 3);\nsch 2 para 2: 9 September 1992 (Gaz G36,\n9 September 1992, p 3); ss 125 to 175, 177 to 184, sch 2\npara 4: 14 December 1992 (Gaz G49, 9 December 1992,\np 6); s 176: 26 February 1993 (Gaz S19, 26 February 1993);\nss 114 to 122: 1 May 1993 (Gaz G17, 28 April 1993, p 2);\nss 185 to 225: 1 July 1995 (Gaz G26, 28 June 1995, p 2)\nPublic Sector Employment and Management (Consequential Amendments) Act 1993\n(Act No. 28, 1993)\nAssent date 30 June 1993\nCommenced 1 July 1993 (s 2, s 2 Public Sector Employment and\nManagement Act 1993 (Act No. 11, 1993) and Gaz S53,\n29 June 1993)\nConsumer Affairs and Fair Trading Amendment Act 1993 (Act No. 43, 1993)\nAssent date 22 September 1993\nCommenced 22 September 1993\nLocal Government (Consequential Amendments) Act 1993 (Act No. 84, 1993)\nAssent date 31 December 1993\nCommenced 1 June 1994 (s 2, s 2 Local Government Act 1993 (Act\nNo. 83, 1993) and Gaz S35, 20 May 1994)\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994\n\nConsumer Affairs and Fair Trading Act 1990 159\nConsumer Affairs and Fair Trading Amendment Act 1996 (Act No. 9, 1996)\nAssent date 20 March 1996\nCommenced s 15: 1 November 1996 (Gaz G35, 28 August 1996, p 2);\nrem: 17 April 1996 (Gaz G16, 17 April 1996, p 5)\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing\nAct 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)\nConsumer Affairs and Fair Trading Amendment Act 1997 (Act No. 13, 1997)\nAssent date 11 April 1997\nCommenced 1 July 1998 (Gaz G28, 1 July 1998, p 1)\nMental Health and Related Services (Consequential Amendments) Act 1999 (Act No. 11,\n1999)\nAssent date 25 March 1999\nCommenced 1 February 2000 (s 2, s 2 Mental Health and Related Services\nAct 1998 (Act No. 63, 1998) and Gaz G3, 26 January 2000,\np 2)\nStatute Law Revision Act 2000 (Act No. 19, 2000)\nAssent date 6 June 2000\nCommenced 12 July 2000 (Gaz G27, 12 July 2000, p 2)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nFines and Penalties (Recovery) (Consequential Amendments) Act 2001 (Act No. 60,\n2001)\nAssent date 11 December 2001\nCommenced 1 January 2002 (s 2, s 2 Fines and Penalties (Recovery)\nAct 2001 (Act No. 59, 2001) and Gaz G50,\n19 December 2001, p 3)\nStatute Law Revision Act 2002 (Act No. 18, 2002)\nAssent date 7 June 2002\nCommenced 7 June 2002\nConsumer Affairs and Fair Trading Amendment Act 2002 (Act No. 41, 2002)\nAssent date 13 September 2002\nCommenced ss 34 to 36, 59, 60, 83, 84: 1 July 2006 (Gaz G20,\n17 May 2006, p 6); rem: 1 December 2002 (Gaz G47,\n27 November 2002, p 2)\nStatute Law Revision Act (No. 2) 2003 (Act No. 44, 2003)\nAssent date 7 July 2003\nCommenced 7 July 2003\nStatute Law Revision Act 2005 (Act No. 44, 2005)\nAssent date 14 December 2005\nCommenced 14 December 2005\n\nConsumer Affairs and Fair Trading Act 1990 160\nStatute Law Revision Act 2003 (Act No. 12, 2003)\nAssent date 18 March 2003\nCommenced 18 March 2003\nConsumer Affairs and Fair Trading Amendment Act 2003 (Act No. 2, 2003)\nAssent date 18 March 2003\nCommenced 1 May 2003 (Gaz G17, 30 April 2003, p 3)\nStatute Law Revision Act (No. 2) 2003 (Act No. 44, 2003)\nAssent date 7 July 2003\nCommenced 7 July 2003\nConsumer Affairs and Fair Trading Amendment Act 2004 (Act No. 25, 2004)\nAssent date 28 April 2004\nCommenced 28 April 2004\nJustice Portfolio (Miscellaneous Amendments) Act 2005 (Act No. 20, 2005)\nAssent date 6 May 2005\nCommenced 13 July 2005 (Gaz G28, 13 July 2005, p 3)\nConsumer Affairs and Fair Trading Amendment Act 2006 (Act No. 23, 2006)\nAssent date 18 September 2006\nCommenced s 4: 8 November 2006 (Gaz G45, 8 November 2006, p 2);\nss 18 and 19: 1 January 2011 (s 2, s 2 Consumer Affairs and\nFair Trading Amendment (National Uniform Legislation)\nAct 2010 (Act No. 41, 2010) and Gaz S71,\n20 December 2010); rem: nc (rep by Act No. 41, 2010 before\ncomm)\nConsumer Affairs and Fair Trading Amendment (National Uniform Legislation)\nAct 2010 (Act No. 41, 2010)\nAssent date 8 December 2010\nCommenced 1 January 2011 (Gaz S71, 20 December 2010)\nStatute Law Revision Act 2007 (Act No. 4, 2007)\nAssent date 8 March 2007\nCommenced 8 March 2007\nStatute Law Revision Act 2008 (Act No. 6, 2008)\nAssent date 11 March 2008\nCommenced 11 March 2008\nJustice Legislation Amendment Act (No. 2) 2008 (Act No. 27, 2008)\nAssent date 17 October 2008\nCommenced pt 2, div 3: 1 January 2006; rem: 17 October 2008 (s 2)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nConsumer Credit (National Uniform Legislation) Implementation Act 2010 (Act No. 14,\n2010)\nAssent date 20 May 2010\nCommenced 1 April 2010 (s 2 and s 2 National Consumer Credit Protection\nAct 2009 (Cth Act No. 134, 2009))\n\nConsumer Affairs and Fair Trading Act 1990 161\nStatute Law Revision Act 2010 (Act No. 29, 2010)\nAssent date 9 September 2010\nCommenced 13 October 2010 (Gaz G41, 13 October 2010, p 2)\nPersonal Property Securities (National Uniform Legislation) Implementation Act 2010\n(Act No. 30, 2010)\nAssent date 9 September 2010\nCommenced ss 58 to 60: 30 January 2012 (S2, 24 January 2012);\nrem: 25 November 2011 (Gaz, S68, 25 November 2011)\nConsumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010\n(Act No. 41, 2010)\nAssent date 8 December 2010\nCommenced 1 January 2011 (Gaz S71, 20 December 2010)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nJustice and Other Legislation Amendment Act 2011 (Act No. 25, 2011)\nAssent date 31 August 2011\nCommenced 21 September 2011 (Gaz G38, 21 September 2011, p 5)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nConsumer Affairs and Fair Trading Amendment Act 2014 (Act No. 25, 2014)\nAssent date 4 July 2014\nCommenced 4 July 2014\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nConsumer Affairs and Fair Trading Legislation Amendment Act 2017 (Act No. 11, 2017)\nAssent date 31 May 2017\nCommenced 26 July 2017 (Gaz G30, 26 July 2017, p 3)\nStatute Law Amendment Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)s\n\nConsumer Affairs and Fair Trading Act 1990 162\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nStatute Law Amendment (Territory Economic Reconstruction) Act 2021 (Act No. 19,\n2021)\nAssent date 31 August 2021\nCommenced pt 6: 2 October 2021; rem: 29 September 2021 (Gaz G39,\n29 September 2021, p 1)\nElectrical Safety Act 2022 (Act No. 3, 2022)\nAssent date 14 April 2022\nCommenced 1 July 2024 (s 2(2))\nStatute Law Amendment (Territory Economic Reconstruction) Act 2022 (Act No. 5,\n2022)\nAssent date 14 April 2022\nCommenced pt 7: 25 May 2023 (Gaz G11, 25 May 2023, p 2);\nrem: 25 May 2022 (Gaz G21, 25 May 2022, p 1)\nJustice and Licensing Legislation Further Amendment Act 2022 (Act No. 21, 2022)\nAssent date 31 October 2022\nCommenced pt 3: 1 February 2023; rem: 21 December 2022 (Gaz G50,\n21 December 2022, p 1)\nStatute Law Amendment (NTCAT Conferral of Jurisdiction) Act 2023 (Act No. 24, 2023)\nAssent date 21 September 2023\nCommenced 27 November 2023 (Gaz G24, 23 November 2023, p 2)\nTrade, Business and Asian Relations Legislation Amendment (Streamlining Licensing\nSchemes and Other Matters) Act 2026 (Act No. 2, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 16 Consumer Affairs and Fair Trading Amendment Act 1996 (Act No. 9,\n1996)\ns 126 Consumer Affairs and Fair Trading Amendment Act 2002 (Act No. 41,\n2002)\ns 4 Consumer Affairs and Fair Trading Amendment Act 2003 (Act No. 2,\n2003)\n\nConsumer Affairs and Fair Trading Act 1990 163\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 9, 30, 46, 125, 163, 164,\n165, 168, 169, 245, 332, 328, 336 and 338 and sch 3.\n5 LIST OF AMENDMENTS\nlt amd No. 9, 1996, s 4; No. 27, 2008, s 4\nsub No. 41, 2010, s 4\npt 1 hdg amd No. 13, 1997, s 7; No. 41, 2010, s 24\ns 3 amd No. 13, 1997, s 7; No. 41, 2010, s 5; No. 25, 2014, s 3\ns 4 amd No. 13, 1997, s 7; No. 19, 2000, s 9; No. 17, 2001, s 21; No. 41, 2002,\ns 4; No. 27, 2008, s 5; No. 29, 2010, s 7; No. 41, 2010, s 24; No. 11, 2017,\ns 4; No. 19, 2021, s 13; No. 21, 2022, s 25\ns 5 amd No. 13, 1997, s 7; No. 41, 2010, s 24\nss 5A – 5B ins No. 41, 2010, s 6\npt 2 hdg amd No. 13, 1997, s 7; No. 41, 2010, s 24; No. 21, 2022, s 35\ns 6 amd No. 28, 1993, s 3\ns 7 amd No. 41, 2010, ss 7 and 23\ns 8 amd No. 17, 1996, s 6; No. 41, 2002, s 5; No. 12, 2010, s 3; No. 41, 2010,\ns 24; No. 40, 2010, s 118\ns 8A ins No. 23, 2006, s 4\nrep No. 41, 2010, s 8\ns 9 amd No. 84, 1993, s 6; No. 41, 2010, s 24; No. 39, 2019, s 370; No. 19,\n2021, s 14\ns 9A ins No. 27, 2008, s 6\nss 10 – 11 amd No. 28, 1993, s 3; No. 41, 2010, s 24\ns 12 amd No. 9, 1996, s 5; No. 13, 1997, s 4; No. 41, 2010, s 9; No. 25, 2014, s 4;\nNo. 21, 2022, s 26\npt 2\ndiv 2 hdg rep No. 41, 2010, s 10\nins No. 21, 2022, s 27\nss 13 – 17 rep No. 41, 2010, s 10\nins No. 21, 2022, s 27\nss 17A – 17B ins No. 21, 2022, s 27\npt 3 hdg amd No. 13, 1997, s 7\ns 18 amd No. 13, 1997, s 7\nsub No. 41, 2010, s 11\namd No. 21, 2022, s 28\ns 19 sub No. 21, 2022, s 29\nss 19A – 19B ins No. 21, 2022, s 29\ns 20 amd No. 41, 2002, s 6; No. 41, 2010, s 24; No. 25, 2014, s 5; No. 8, 2016,\ns 45; No. 21, 2022, s 30\ns 21 amd No. 17, 1996, s 6; No. 41, 2010, s 12; No. 21, 2022, s 31\ns 22 amd No. 41, 2010, s 24\ns 23 amd No. 41, 2002, s 7; No. 12, 2010, s 3; No. 41, 2010, s 24\ns 24 amd No. 41, 2010, s 24\npt 4 hdg amd No. 13, 1997, s 7\npt 4\ndiv 1 hdg sub No. 41, 2010, s 13\ns 25 sub No. 41, 2010, s 13\npt 4\ndiv 2 hdg sub No. 41, 2010, s 13\nss 26 – 28 sub No. 41, 2010, s 13\n\nConsumer Affairs and Fair Trading Act 1990 164\ns 29 amd No. 20, 2005, s 13; No. 12, 2010, s 3\namd No. 25, 2011, s 10\nss 30 – 31 sub No. 41, 2010, s 13\npt 4\ndiv 3 hdg sub No. 41, 2010, s 13\nss 32 – 33 sub No. 41, 2010, s 13\npt 4\ndiv 4 hdg sub No. 41, 2010, s 13\nss 34 – 35 sub No. 41, 2010, s 13\ns 36 amd No. 20, 2005, s 14; No. 12, 2010, s 3\nss 37 – 38 sub No. 41, 2010, s 13\npt 4\ndiv 5 hdg sub No. 41, 2010, s 13\nss 39 – 40 sub No. 41, 2010, s 13\npt 5 hdg amd No. 13, 1997, s 7\npt 5\ndiv 1 hdg rep No. 41, 2010, s 13\nss 41 – 46 sub No. 41, 2010, s 13\ns 47 sub No. 41, 2010, s 13\nrep No. 3, 2022, s 266\ns 48 previous s 68A ins No. 2, 2003, s 3\nrenum No. 41, 2010, s 14\nss 49 – 55 rep No. 41, 2010, s 13\ns 56 rep No. 20, 2005, s 15\ns 57 rep No. 41, 2010, s 13\ns 58 amd No. 41, 2002, s 8; No. 12, 2010, s 3\ns 59 rep No. 41, 2010, s 13\ns 60 amd No. 18, 2002, s 6; No. 12, 2003, s 18\npt 5\ndiv 1A hdg ins No. 20, 2005, s 16\nss 60A – 60D ins No. 20, 2005, s 16\npt 5\ndiv 2 hdg rep No. 41, 2010, s 13\nss 61 – 68 rep No. 41, 2010, s 13\ns 68A ins No. 2, 2003, s 3\nrenum No. 41, 2010, s 14\nss 69 – 71 rep No. 41, 2010, s 13\npt 5\ndiv 3 hdg rep No. 41, 2010, s 13\nss 72 – 82 rep No. 41, 2010, s 13\npt 5\ndiv 4 hdg om No. 29, 2010, s 7\nss 83 – 86 rep No. 14, 2010, s 4\npt 6 hdg amd No. 13, 1997, s 7; No. 20, 2005, s 17\ns 87 amd No. 13, 1997, s 7; No. 20, 2005, s 23\ns 88 amd No. 17, 1996, s 6; No. 13, 1997, s 7; No. 41, 2002, s 9; No. 20, 2005,\ns 18; No. 12, 2010, s 3\n\nConsumer Affairs and Fair Trading Act 1990 165\ns 89 amd No. 13, 1997, s 7; No. 41, 2002, s 10; No. 20, 2005, s 23\ns 90 amd No. 13, 1997, s 7; No. 41, 2002, s 11; No. 20, 2005, s 23\nss 91 – 94 amd No. 13, 1997, s 7; No. 20, 2005, s 23\ns 95 amd No. 13, 1997, s 7; No. 41, 2002, s 12; No. 20, 2005, s 23\ns 96 amd No. 17, 1996, s 6; No. 13, 1997, s 7; No. 18, 2002, s 6; No. 41, 2002,\ns 13; No. 20, 2005, s 23\npt 7 hdg amd No. 13, 1997, s 7\npt 7\ndiv 1 hdg rep No. 41, 2010, s 15\nss 97 – 98 rep No. 41, 2010, s 15\npt 7\ndiv 2 hdg rep No. 41, 2010, s 15\ns 99 amd No. 41, 2002, s 14; No. 12, 2010, s 3\ns 100 rep No. 41, 2010, s 15\ns 101 amd No. 41, 2002, s 15; No. 12, 2010, s 3\ns 102 amd No. 41, 2002, s 16; No. 12, 2010, s 3\npt 7\ndiv 3 hdg rep No. 41, 2010, s 15\ns 103 amd No. 41, 2002, s 17; No. 12, 2010, s 3\ns 104 amd No. 41, 2002, s 18; No. 12, 2010, s 3\ns 105 amd No. 41, 2002, s 19; No. 12, 2010, s 3\ns 106 amd No. 41, 2002, s 20; No. 12, 2010, s 3\npt 7\ndiv 4 hdg rep No. 41, 2010, s 15\nss 107 – 108 rep No. 41, 2010, s 15\ns 109 amd No. 17, 1996, s 6; No. 41, 2002, s 21; No. 12, 2010, s 3\nss 110 – 111 rep No. 41, 2010, s 15\ns 112 amd No. 17, 1996, s 6; No. 41, 2002, s 22; No. 12, 2010, s 3\npt 7\ndiv 5 hdg rep No. 41, 2010, s 15\ns 113 rep No. 41, 2010, s 15\npt 8 hdg amd No. 13, 1997, s 7\ns 114 amd No. 41, 2010, s 24\ns 116 amd No. 41, 2002, s 23; No. 12, 2010, s 3; No. 24, 2023, s 60\ns 117 amd No. 41, 2002, s 24; No. 12, 2010, s 3; No. 41, 2010, s 24\ns 118 amd No. 41, 2002, s 25; No. 12, 2010, s 3; No. 41, 2010, s 24\ns 119 amd No. 41, 2002, s 26; No. 12, 2010, s 3; No. 24, 2023, s 61\nss 119A –\n119B ins No. 24, 2023, s 62\ns 120 amd No. 41, 2010, s 24\ns 121 amd No. 41, 2002, s 27; No. 12, 2010, s 3; No. 41, 2010, s 24; No. 24, 2023,\ns 63\ns 122 amd No. 41, 2002, s 28; No. 12, 2010, s 3; No. 41, 2010, s 23\n\nConsumer Affairs and Fair Trading Act 1990 166\npt 9 hdg amd No. 13, 1997, s 7\nsub No. 41, 2002, s 29\ns 123 amd No. 9, 1996, s 6\nsub No. 41, 2002, s 29\ns 124 sub No. 41, 2002, s 29\ns 124A ins No. 41, 2002, s 29\namd No. 12, 2010, s 3; No. 41, 2010, s 24\ns 124B ins No. 41, 2002, s 29\npt 10 hdg amd No. 13, 1997, s 7\ndiv 1 hdg amd No. 21, 2022, s 35\ns 125 amd No. 41, 2002, s 30; No. 41, 2010, s 24; No. 23, 2006, s 18; No. 10,\n2018, s 6; No. 19, 2021, s 15\ns 126 amd No. 18, 2002, s 6; No. 41, 2010, s 24\ns 127 amd No. 10, 2018, s 6\ndiv 2 hdg amd No. 41, 2010, s 24; No. 10, 2018, s 6\ns 128 amd No. 41, 2002, s 31; No. 12, 2010, s 3; No. 10, 2018, s 6\ns 129 amd No. 9, 1996, s 7; No. 41, 2002, s 32; No. 12, 2010, s 3; No. 10, 2018, s 6\ns 130 amd No. 41, 2002, s 33; No. 12, 2010, s 3; No. 41, 2010, s 24; No. 10, 2018,\ns 6\ns 131 amd No. 17, 1996, s 6; No. 8, 2016, s 45; No. 10, 2018, s 6\ns 132 amd No. 41, 2002, s 34; No. 41, 2010, s 24; No. 19, 2021, s 16; No. 5, 2022,\ns 79; No. 21, 2022, s 35\ns 133 amd No. 21, 2022, s 35\ns 134 amd No. 41, 2002, s 35; No. 29, 2010, s 7; No. 21, 2022, s 35\ns 135 amd No. 21, 2022, s 35\ns 136 amd No. 17, 1996, s 6; No. 18, 2002, s 6; No. 41, 2002, s 36; No. 41, 2010,\ns 24; No. 21, 2022, s 35\ns 137 amd No. 17, 1996, s 6; No. 18, 2002, s 6; No. 41, 2010, s 24; No. 21, 2022,\ns 35\ns 138 amd No. 21, 2022, s 35; No. 24, 2023, s 64\ns 139 amd No. 41, 2010, s 24; No. 21, 2022, s 35\nsub No. 24, 2023, s 65\nsdiv B hdg amd No. 41, 2010, s 24\ns 140 amd No. 41, 2010, s 24\ns 141 amd No. 41, 2002, s 37; No. 12, 2010, s 3; No. 41, 2010, s 24; No. 10, 2018,\ns 6; No. 19, 2021, s 17; No. 21, 2022, s 35\ns 143 amd No. 21, 2022, s 35\ns 144 amd No. 41, 2002, s 38; No. 12, 2010, s 3; No. 41, 2010, s 24; No. 10, 2018,\ns 6; No. 21, 2022, s 35\nsdiv C hdg amd No. 41, 2010, s 24\ns 145 amd No. 41, 2010, s 24; No. 21, 2022, s 35\ns 146 amd No. 41, 2010, s 24\ns 147 amd No. 41, 2010, s 24; No. 10, 2018, s 6; No. 21, 2022, s 35\ns 148 amd No. 21, 2022, s 35\ns 149 amd No. 41, 2010, s 24; No. 21, 2022, s 35\ns 150 amd No. 41, 2002, s 39; No. 41, 2010, s 24; No. 21, 2022, s 35; No. 24,\n2023, s 66\ns 151 amd No. 21, 2022, s 35\nrep No. 24, 2023, s 67\ns 152 amd No. 21, 2022, s 35\n\nConsumer Affairs and Fair Trading Act 1990 167\ns 153 amd No. 41, 2002, s 40; No. 41, 2010, s 24; No. 10, 2018, s 6; No. 21, 2022,\ns 35\ns 154 amd No. 41, 2010, s 24; No. 21, 2022, s 35\ns 154A ins No. 30, 2010, s 30\ns 155 amd No. 41, 2010, s 24; No. 10, 2018, s 6\nsub No. 19, 2021, s 18\ns 157 amd No. 41, 2002, s 41; No. 41, 2010, s 24; No. 10, 2018, s 6; No. 5, 2022,\ns 80; No. 21, 2022, s 35\ns 158 amd No. 41, 2002, s 42; No. 41, 2010, s 24; No. 10, 2018, s 6; No. 19, 2021,\ns 19\ns 159 amd No. 41, 2002, s 43; No. 41, 2010, s 24; No. 10, 2018, s 6; No. 19, 2021,\ns 20\ns 160 amd No. 17, 1996, s 6; No. 41, 2002, s 44; No. 44, 2003, s 5; No. 41, 2010,\ns 24; No. 19, 2021, s 21\ns 161 amd No. 41, 2002, s 45; No. 41, 2010, s 24; No. 21, 2022, s 35\ns 162 amd No. 17, 1996, s 6; No. 41, 2010, s 16\ns 163 sub No. 43, 1993, s 2\namd No. 41, 2002, s 46; No. 41, 2010, s 24\ns 164 amd No. 41, 2002, s 47; No. 41, 2010, s 24\ns 165 amd No. 50, 1994, s 5; No. 19, 2021, s 22\ns 166 amd No. 41, 2002, s 48; No. 41, 2010, s 24; No. 10, 2018, s 6\ns 167 amd No. 41, 2002, s 49; No. 41, 2010, s 24; No. 10, 2018, s 6\ns 168 amd No. 41, 2010, ss 17 and 24\ns 169 amd No. 41, 2010, s 24; No. 23, 2006, s 19; No. 10, 2018, s 6; No. 19, 2021,\ns 23; No. 21, 2022, s 35\ns 170 amd No. 41, 2010, s 24\ns 172 amd No. 41, 2002, s 50; No. 41, 2010, s 24; No. 19, 2021, s 24\ndiv 6 hdg amd No. 21, 2022, s 35\ns 174 amd No. 41, 2002, s 51; No. 41, 2010, s 24; No. 10, 2018, s 6\ns 175 amd No. 41, 2002, s 52; No. 41, 2010, s 24; No. 10, 2018, s 6\ns 176 amd No. 41, 2002, s 53; No. 41, 2010, s 24; No. 10, 2018, s 6; No. 21, 2022,\ns 35\ns 177 amd No. 41, 2002, s 54; No. 20, 2005, s 19; No. 12, 2010, s 3; No. 41, 2010,\ns 24; No. 24, 2023, s 68\ns 178 amd No. 41, 2002, s 55; No. 41, 2010, s 24; No. 10, 2018, s 6; No. 21, 2022,\ns 35\ns 179 amd No. 10, 2018, s 6\ns 180 amd No. 27, 2008, s 7; No. 21, 2022, s 35\ns 181 amd No. 10, 2018, s 6\ns 182 amd No. 41, 2010, s 24; No. 21, 2022, s 35\ns 183 amd No. 41, 2010, s 24\ns 184 amd No. 50, 1994, s 5; No. 41, 2010, s 24; No. 10, 2018, s 6\npt 11 hdg amd No. 13, 1997, s 7\ndiv 1 hdg rep No. 25, 2014, s 6\ns 185 amd No. 9, 1996, s 8; No. 13, 1997, s 7; No. 41, 2010, s 24\ns 186 amd No. 41, 2010, s 24\ns 187 rep No. 9, 1996, s 9\n\nConsumer Affairs and Fair Trading Act 1990 168\ndiv 2 hdg rep No. 25, 2014, s 6\ns 188 amd No. 17, 1996, s 6; No. 41, 2002, s 56; No. 12, 2010, s 3\ns 188A ins No. 9, 1996, s 10\namd No. 13, 1997, s 7; No. 41, 2002, s 57; No. 12, 2010, s 3; No. 41, 2010,\ns 24\ns 189 amd No. 41, 2002, s 58\ndiv 3 hdg rep No. 25, 2014, s 6\ns 190 amd No. 20, 2005, s 20; No. 41, 2002, s 59; No. 12, 2010, s 3; No. 41, 2010,\ns 24\ns 191 amd No. 41, 2002, s 60; No. 29, 2010, s 7\ns 192 rep No. 25, 2014, s 6\ns 193 amd No. 17, 1996, s 6; No. 18, 2002, s 6; No. 41, 2010, s 24\ns 194 amd No. 41, 2002, s 61; No. 12, 2010, s 3; No. 41, 2010, s 24\ns 195 amd No. 41, 2002, s 62; No. 12, 2010, s 3; No. 41, 2010, s 24\ns 196 rep No. 25, 2014, s 6\ns 197 amd No. 41, 2010, s 24\ns 198 amd No. 41, 2002, s 63; No. 6, 2008, s 3; No. 12, 2010, s 3\nss 199 – 200 rep No. 25, 2014, s 6\ns 201 amd No. 41, 2002, s 64; No. 12, 2010, s 3\ns 202 amd No. 41, 2010, s 24\ns 203 amd No. 41, 2002, s 65; No. 12, 2010, s 3; No. 41, 2010, s 24\ndiv 4 hdg rep No. 25, 2014, s 6\ns 204 amd No. 17, 1996, s 6; No. 41, 2010, s 24\ns 205 amd No. 41, 2002, s 66; No. 12, 2010, s 3\ndiv 5 hdg rep No. 25, 2014, s 6\ns 206 amd No. 41, 2010, s 24\ns 207 amd No. 20, 2005, s 21; No. 41, 2010, s 24\ns 208 amd No. 41, 2010, s 24\ndiv 6 hdg rep No. 25, 2014, s 6\ns 209 amd No. 41, 2002, s 67; No. 12, 2010, s 3\ns 210 amd No. 41, 2002, s 68; No. 12, 2010, s 3\n\nConsumer Affairs and Fair Trading Act 1990 169\ns 211 amd No. 41, 2002, s 69; No. 12, 2010, s 3\ns 212 amd No. 41, 2002, s 70; No. 12, 2010, s 3; No. 41, 2010, s 24\ns 213 amd No. 41, 2002, s 71; No. 12, 2010, s 3\ns 214 amd No. 41, 2002, s 72; No. 12, 2010, s 3; No. 41, 2010, s 24\ndiv 7 hdg rep No. 25, 2014, s 6\ns 215 amd No. 41, 2010, s 24\ns 216 amd No. 41, 2002, s 73; No. 12, 2010, s 3; No. 41, 2010, s 24\ns 217 rep No. 25, 2014, s 6\ns 218 amd No. 41, 2002, s 74; No. 12, 2010, s 3; No. 41, 2010, s 24\ns 219 rep No. 25, 2014, s 6\ndiv 8 hdg rep No. 25, 2014, s 6\nss 220 – 221 rep No. 25, 2014, s 6\ns 222 amd No. 17, 1996, s 6\ns 223 rep No. 25, 2014, s 6\ndiv 9 hdg rep No. 25, 2014, s 6\ns 224 amd No. 27, 2008, s 8\ns 225 amd No. 9, 1996, s 11; No. 13, 1997, s 7; No. 41, 2010, s 24\npt 12 hdg ins No. 9, 1996, s 12\ndiv 1 hdg rep No. 14, 2010, s 4\ns 226\n(former 225A) ins No. 9, 1996, s 12\ndiv 2 hdg rep No. 14, 2010, s 4\ns 227\n(former 225B) ins No. 9, 1996, s 12\namd No. 41, 2002, s 75\ns 228\n(former 225C) ins No. 9, 1996, s 12\ns 229\n(former 225D) ins No. 9, 1996, s 12\ns 230\n(former 225E) ins No. 9, 1996, s 12\ns 231\n(former 225F) ins No. 9, 1996, s 12\namd No. 20, 2005, s 22\n\nConsumer Affairs and Fair Trading Act 1990 170\ns 232\n(former 225G) ins No. 9, 1996, s 12\namd No. 41, 2002, s 76\ns 233\n(former 225H) ins No. 9, 1996, s 12\ns 234\n(former 225J) ins No. 9, 1996, s 12\ns 235\n(former 225K) ins No. 9, 1996, s 12\ndiv 3 hdg rep No. 14, 2010, s 4\ns 236\n(former 225L) ins No. 9, 1996, s 12\ndiv 4 hdg rep No. 41, 2002, s 77\ns 237\n(former 225M) ins No. 9, 1996, s 12\nrep No. 41, 2002, s 77\npt 13 hdg amd No. 13, 1997, s 7\ns 238\n(former 226) amd No. 13, 1997, s 7; No. 41, 2010, s 24\ns 239\n(former 227) amd No. 13, 1997, s 7; No. 25, 2004, s 3; No. 41, 2010, s 24\ns 240\n(former 228) amd No. 13, 1997, s 7; No. 41, 2002, s 78; No. 12, 2010, s 3; No. 41, 2010,\ns 24\ns 241\n(former 229) amd No. 13, 1997, s 7; No. 25, 2004, s 3; No. 41, 2010, s 24\ns 242\n(former 230) amd No. 13, 1997, s 7; No. 41, 2002, s 79; No. 25, 2004, s 3; No. 12, 2010,\ns 3; No. 41, 2010, s 24\ns 243\n(former 231) amd No. 13, 1997, s 7; No. 25, 2004, s 3; No. 41, 2010, s 24\npt 14 hdg ins No. 13, 1997, s 5\ndiv 1 hdg ins No. 13, 1997, s 5\ns 244 ins No. 13, 1997, s 5\namd No. 41, 2010, s 24; No. 10, 2018, s 6; No. 19, 2021, s 25\ns 245 ins No. 13, 1997, s 5\ns 246 ins No. 13, 1997, s 5\ndiv 2 hdg ins No. 13, 1997, s 5\nsdiv 1 hdg ins No. 13, 1997, s 5\ns 247 ins No. 13, 1997, s 5\namd No. 41, 2002, s 80; No. 12, 2010, s 3; No. 10, 2018, s 6\ns 248 ins No. 13, 1997, s 5\namd No. 41, 2002, s 81; No. 12, 2010, s 3; No. 10, 2018, s 6\n\nConsumer Affairs and Fair Trading Act 1990 171\ns 249 ins No. 13, 1997, s 5\namd No. 41, 2002, s 82; No. 12, 2010, s 3; No. 41, 2010, s 24\ns 250 ins No. 13, 1997, s 5\nsdiv 2 hdg ins No. 13, 1997, s 5\ns 251 ins No. 13, 1997, s 5\namd No. 41, 2002, s 83; No. 41, 2010, s 24; No. 5, 2022, s 81; No. 21, 2022,\ns 35\ns 252 ins No. 13, 1997, s 5\namd No. 41, 2002, s 84; No. 41, 2010, s 24; No. 21, 2022, s 32\ns 253 ins No. 13, 1997, s 5\namd No. 4, 2007, s 7; No. 41, 2010, s 24; No. 10, 2018, s 6\nrep No. 5, 2022, s 82\ns 254 ins No. 13, 1997, s 5\ns 255 ins No. 13, 1997, s 5\nsub No. 2, 2026, s 22\ns 256 ins No. 13, 1997, s 5\ns 257 ins No. 13, 1997, s 5\namd No. 41, 2002, s 85; No. 12, 2010, s 3\ns 258 ins No. 13, 1997, s 5\ns 259 ins No. 13, 1997, s 5\namd No. 17, 2001, s 21; No. 41, 2010, s 24; No. 5, 2022, s 83; No. 21, 2022,\ns 35; No. 24, 2023, s 69\ns 260 ins No. 13, 1997, s 5\namd No. 41, 2010, s 24; No. 10, 2018, s 6; No. 21, 2022, s 35; No. 24, 2023,\ns 70\nss 261 – 263 ins No. 13, 1997, s 5\ns 264 ins No. 13, 1997, s 5\namd No. 41, 2010, s 24; No. 10, 2018, s 6; No. 21, 2022, s 35\ns 265 ins No. 13, 1997, s 5\ns 266 ins No. 13, 1997, s 5\ns 267 ins No. 13, 1997, s 5\namd No. 41, 2002, s 86; No. 12, 2010, s 3; No. 41, 2010, s 24; No. 10, 2018,\ns 6; No. 21, 2022, s 35\ns 268 ins No. 13, 1997, s 5\namd No. 10, 2018, s 6; No. 19, 2021, s 26; No. 21, 2022, s 35\nsdiv 3 hdg ins No. 13, 1997, s 5\ns 269 ins No. 13, 1997, s 5\ns 270 ins No. 13, 1997, s 5\namd No. 8, 2016, s 45; No. 21, 2022, s 35\ns 271 ins No. 13, 1997, s 5\n\nConsumer Affairs and Fair Trading Act 1990 172\nsdiv 4 hdg ins No. 13, 1997, s 5\nss 272 – 273 ins No. 13, 1997, s 5\nsdiv 5 hdg ins No. 13, 1997, s 5\ns 274 ins No. 13, 1997, s 5\namd No. 41, 2002, s 87; No. 12, 2010, s 3; No. 41, 2010, s 24; No. 10, 2018,\ns 6\ns 275 ins No. 13, 1997, s 5\namd No. 41, 2002, s 88; No. 12, 2010, s 3; No. 41, 2010, s 24; No. 10, 2018,\ns 6\ndiv 3 hdg ins No. 13, 1997, s 5\nsdiv 1 hdg ins No. 13, 1997, s 5\ns 276 ins No. 13, 1997, s 5\namd No. 41, 2002, s 89; No. 12, 2010, s 3\ns 277 ins No. 13, 1997, s 5\namd No. 41, 2002, s 90; No. 12, 2010, s 3; No. 41, 2010, s 24\ns 278 ins No. 13, 1997, s 5\namd No. 41, 2002, s 91; No. 12, 2010, s 3\ns 279 ins No. 13, 1997, s 5\namd No. 41, 2002, s 92; No. 12, 2010, s 3\ns 280 ins No. 13, 1997, s 5\namd No. 41, 2002, s 93; No. 12, 2010, s 3; No. 41, 2010, s 24\ns 281 ins No. 13, 1997, s 5\namd No. 41, 2002, s 94; No. 12, 2010, s 3\ns 282 ins No. 13, 1997, s 5\namd No. 41, 2002, s 95; No. 12, 2010, s 3\ns 283 ins No. 13, 1997, s 5\namd No. 41, 2002, s 96; No. 12, 2010, s 3; No. 41, 2010, s 24; No. 23, 2013,\ns 6; No. 10, 2018, s 6\ns 284 ins No. 13, 1997, s 5\namd No. 41, 2002, s 97; No. 12, 2010, s 3\ns 285 ins No. 13, 1997, s 5\namd No. 41, 2002, s 98; No. 12, 2010, s 3; No. 23, 2013, s 6\ns 286 ins No. 13, 1997, s 5\namd No. 41, 2002, s 99; No. 12, 2010, s 3; No. 41, 2010, s 24; No. 23, 2013,\ns 6\nsdiv 2 hdg ins No. 13, 1997, s 5\ns 287 ins No. 13, 1997, s 5\ns 288 ins No. 13, 1997, s 5\ns 289 ins No. 13, 1997, s 5\namd No. 41, 2002, s 100; No. 12, 2010, s 3\ns 290 ins No. 13, 1997, s 5\namd No. 41, 2002, s 101; No. 12, 2010, s 3; No. 41, 2010, s 24\ns 291 ins No. 13, 1997, s 5\namd No. 41, 2002, s 102; No. 12, 2010, s 3\ns 292 ins No. 13, 1997, s 5\namd No. 41, 2002, s 103; No. 12, 2010, s 3\n\nConsumer Affairs and Fair Trading Act 1990 173\ns 293 ins No. 13, 1997, s 5\namd No. 41, 2002, s 104; No. 12, 2010, s 3\ns 294 ins No. 13, 1997, s 5\namd No. 41, 2002, s 105; No. 12, 2010, s 3; No. 41, 2010, s 24\ns 295 ins No. 13, 1997, s 5\ns 296 ins No. 13, 1997, s 5\namd No. 41, 2002, s 106; No. 12, 2010, s 3; No. 41, 2010, s 24; No. 23,\n2013, s 6\ns 297 ins No. 13, 1997, s 5\namd No. 41, 2002, s 107; No. 12, 2010, s 3\ns 298 ins No. 13, 1997, s 5\namd No. 41, 2002, s 108; No. 12, 2010, s 3\nsdiv 3 hdg ins No. 13, 1997, s 5\ns 299 ins No. 13, 1997, s 5\namd No. 41, 2002, s 109; No. 12, 2010, s 3\ns 300 ins No. 13, 1997, s 5\namd No. 41, 2002, s 110; No. 12, 2010, s 3\nsdiv 4 hdg ins No. 13, 1997, s 5\ns 301 ins No. 13, 1997, s 5\namd No. 41, 2002, s 111; No. 12, 2010, s 3; No. 41, 2010, s 23\ns 302 ins No. 13, 1997, s 5\namd No. 41, 2002, s 112; No. 12, 2010, s 3\ns 303 ins No. 13, 1997, s 5\nss 304 – 306 ins No. 13, 1997, s 5\nss 307 – 310 ins No. 13, 1997, s 5\ns 311 ins No. 13, 1997, s 5\namd No. 41, 2002, s 113; No. 12, 2010, s 3; No. 41, 2010, s 24; No. 10,\n2018, s 6\ns 312 ins No. 13, 1997, s 5\namd No. 41, 2002, s 114; No. 12, 2010, s 3; No. 41, 2010, s 24; No. 10,\n2018, s 6\ns 313 ins No. 13, 1997, s 5\namd No. 41, 2002, s 115; No. 12, 2010, s 3; No. 41, 2010, s 24\ndiv 4 hdg ins No. 13, 1997, s 5\ns 314 ins No. 13, 1997, s 5\ns 315 ins No. 13, 1997, s 5\namd No. 41, 2002, s 116; No. 12, 2010, s 3; No. 41, 2010, s 24\ns 316 ins No. 13, 1997, s 5\namd No. 41, 2002, s 117; No. 12, 2010, s 3; No. 41, 2010, s 24\ns 317 ins No. 13, 1997, s 5\namd No. 41, 2002, s 118; No. 12, 2010, s 3; No. 41, 2010, s 24\ns 318 ins No. 13, 1997, s 5\namd No. 41, 2002, s 119; No. 12, 2010, s 3; No. 41, 2010, s 24; No. 21,\n2022, s 35\nss 319 – 321 ins No. 13, 1997, s 5\ns 322 ins No. 13, 1997, s 5\namd No. 41, 2010, s 24; No. 8, 2016, s 45\nss 323 ins No. 13, 1997, s 5\n\nConsumer Affairs and Fair Trading Act 1990 174\ns 324 ins No. 13, 1997, s 5\namd No. 10, 2018, s 6\ns 325 ins No. 13, 1997, s 5\namd No. 41, 2010, s 24; No. 10, 2018, s 6\ndiv 5 hdg ins No. 13, 1997, s 5\ns 326 ins No. 13, 1997, s 5\namd No. 41, 2002, s 120; No. 12, 2010, s 3\ns 327 ins No. 13, 1997, s 5\namd No. 41, 2002, s 121; No. 12, 2010, s 3; No. 21, 2022, s 35\ns 328 ins No. 13, 1997, s 5\namd No. 41, 2002, s 122; No. 12, 2010, s 3; No. 41, 2010, s 24\ns 329 ins No. 13, 1997, s 5\namd No. 27, 2008, s 9; No. 41, 2010, s 24; No. 21, 2022, s 35\npt 15 hdg amd No. 13, 1997, s 7; No. 21, 2022, s 35\ns 329A ins No. 24, 2023, s 72\ns 330A ins No. 41, 2002, s 123\namd No. 41, 2010, s 18\ns 330\n(former 232) amd No. 13, 1997, s 7; No. 17, 1996, s 6; No. 41, 2010, s 24\nsub No. 26, 2015, s 12\ns 331\n(former 232A) ins No. 9, 1996, s 13\namd No. 41, 2010, s 19\ns 332 ins No. 13, 1997, s 6\namd No. 60, 2001, s 18; No. 21, 2022, s 35\ns 333\n(former 233) amd No. 13, 1997, s 7; No. 41, 2010, s 24\ns 334\n(former 234) amd No. 13, 1997, s 7; No. 41, 2010, s 24; No. 25, 2014, s 7\ns 335\n(former 235) amd No. 13, 1997, s 7; No. 41, 2002, s 124; No. 12, 2010, s 3; No. 41, 2010,\ns 24; No. 21, 2022, s 35\ns 336\n(former 236) amd No. 13, 1997, s 7; No. 27, 2008, s 10\nsub No. 41, 2010, s 20\ns 337\n(former 236A) ins No. 9, 1996, s 14\namd No. 13, 1997, s 7; No. 41, 2010, s 24; No. 25, 2014, s 8\ns 338\n(former 237) amd No. 13, 1997, s 7; No. 41, 2002, s 125; No. 41, 2010, s 24\ns 338A ins No. 25, 2004, s 2\nrep No. 21, 2022, s 33\npt 16 hdg amd No. 13, 1997, s 7\nsub No. 41, 2010, s 21\ns 339\n(former 238) amd No. 13, 1997, s 7; No. 41, 2010, s 24\ns 340\n(former 239) amd No. 13, 1997, s 7; No. 41, 2010, s 24\nsch 1 amd No. 17, 1996, s 6; No. 11, 1999, s 4\nrep No. 41, 2010, s 22\nins No. 24, 2023, s 73\nsch 2 amd No. 13, 1997, s 7\nsch 3 amd No. 43, 1993, s 3; No. 13, 1997, s 7; No. 41, 2010, s 23; No. 26, 2015,\ns 13; No. 21, 2022, s 34; No. 24, 2023, s 74","sortOrder":240}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":818},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1990 scope. Originally focused on general consumer protection and trading stamps, it has expanded to include: (1) adoption of national consumer law (2010), (2) detailed motor vehicle dealer regulation (1992), (3) pawn-broker and second-hand dealer licensing (1997), (4) fuel price transparency (2017), (5) credit reporting controls (1993), and (6) multiple regulatory restructuring amendments (2022-2023). The 2022 amendments notably split enforcement functions between Commissioner and Director, and 2023 amendments transferred review functions to NTCAT."},"complexity_factors":["Extensive cross-referencing with the Australian Consumer Law (NT) which incorporates Commonwealth legislation by reference","Multiple regulatory schemes with different licensing requirements: motor vehicle dealers (Part 10), pawnbrokers and second-hand dealers (Part 14), fuel retailers (Part 11)","Detailed record-keeping obligations with specific timeframes (e.g., 2 working days for vehicle dealings register entries, 14-day holding period for second-hand goods)","Nested exceptions and conditional provisions throughout (e.g., warranty obligations in sections 168-171 with multiple exclusions and calculation rules)","Dual regulator structure (Commissioner vs Director) with different powers for different Parts","Extensive transitional provisions in Schedule 3 spanning multiple amendment Acts from 1996-2023","47+ defined terms in section 4 alone, plus additional Part-specific definitions","Complex enforcement provisions including self-incrimination protections, telephone warrant applications, and property preservation orders"],"plain_english_summary":"This is the **Consumer Affairs and Fair Trading Act 1990** (Northern Territory), a comprehensive law that protects consumers and regulates specific industries.\n\n**What it does:**\n\n- **Applies the Australian Consumer Law (ACL) in the NT** — This brings national consumer protection rules (about misleading conduct, unfair contracts, product safety, etc.) into force as NT law\n\n- **Establishes two key regulators:**\n  - The **Commissioner of Consumer Affairs** — handles general consumer protection, education, complaints, and ACL enforcement\n  - The **Director** — specifically licenses and regulates motor vehicle dealers, pawnbrokers, and second-hand dealers\n\n- **Creates a licensing scheme for motor vehicle dealers** — Requires dealers to be licensed, maintain detailed records of all vehicle transactions, provide warranties on certain defects, and comply with strict rules about odometers, contracts, and sales to minors\n\n- **Regulates pawnbrokers and second-hand dealers** — Requires licences, detailed record-keeping, identity verification of customers, holding periods for goods (14 days for second-hand goods), and specific rules about redeeming pawned goods and returning sale surpluses to customers\n\n- **Controls fuel price transparency** — Allows regulations requiring service stations to report and display fuel prices\n\n- **Regulates credit reporting** — Sets rules for \"reporting agencies\" that provide consumer credit information to traders, including accuracy requirements and consumer rights to correct errors\n\n- **Bans certain trading stamp schemes** — Allows the Minister to prohibit third-party trading schemes that aren't \"genuine and reasonable\"\n\n- **Provides enforcement powers** — Authorised officers can enter premises, inspect goods and documents, seize suspected illegal goods, and require information (with penalties for obstruction or false information)\n\n**Who it affects:**\n- All consumers and businesses in the NT\n- Motor vehicle dealers and buyers\n- Pawnbrokers and second-hand dealers\n- Fuel retailers\n- Credit reporting agencies\n- Anyone engaging in unfair trading practices\n\n**Why it matters:**\nThis Act is the NT's main consumer protection law, combining national consumer guarantees with specific local protections for high-risk transactions (used cars, pawn loans) and ensuring businesses operate fairly and transparently."},"summary":{"name":"Consumer Affairs and Fair Trading Act 1990","slug":"consumer-affairs-and-fair-trading-act-1990","title_id":"consumer-affairs-and-fair-trading-act-1990","version_id":29953,"analysis_type":"summary","content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"Whole Northern Territory Act in force. Multiple Parts: Part 1 (Preliminary), Part 2 (Commissioner), Part 3 (Authorised Officers), Part 4 (ACL application), Part 5 (ACL support provisions), Parts 8, 9, 10, 11, 13, 14, 15, 16 (sector-specific regimes). Parts 6, 7, 12 not visible in source structure (may have been repealed)."},"complexity_factors":["Dual structure applying Commonwealth ACL through intergovernmental agreement while maintaining NT-specific schemes","Multiple sector-specific licensing regimes (motor vehicle dealers, second-hand dealers, pawnbrokers, fuel pricing)","Complex interaction between NT Commissioner and ACCC as joint regulators for different ACL provisions","Fair reporting Part creates a separate consumer credit reporting regime within a single Act"],"plain_english_summary":"The Consumer Affairs and Fair Trading Act 1990 (NT) is the Northern Territory's primary consumer protection and fair trading statute. It is current as at 10 February 2026.\n\nThe Act has two main functions. First, it applies the Australian Consumer Law (ACL) as a law of the Northern Territory under Part 4, making the ACL text in Schedule 2 to the Competition and Consumer Act 2010 (Cth) directly applicable in the Territory. This means all ACL protections against misleading or deceptive conduct, false representations, unconscionable conduct, and unfair contract terms apply in the NT.\n\nSecond, the Act contains its own NT-specific protections and licensing regimes across multiple Parts. Part 8 creates a fair reporting regime governing how credit and other prescribed reports about consumers may be used by traders. Part 9 deals with trading stamps and prohibits certain third-party trading schemes by ministerial order. Part 10 sets up a comprehensive licensing and conduct framework for motor vehicle dealers. Part 11 regulates petrol and diesel fuel pricing, requiring service stations to display prices on roadside price boards. Part 13 covers second-hand dealers and Part 14 deals with pawnbrokers.\n\nAdministration is shared: the Commissioner of Consumer Affairs has broad functions (section 7) including obtaining information, advisory committees, and delegating powers. A separate Director role (section 13) handles motor vehicle dealers. Authorised officers (Part 3) have entry, inspection, and information-gathering powers.\n\nThe Act binds the Crown in right of the Territory to the extent that the Legislative Assembly has power to do so, but does not make the Crown liable to prosecution (section 3). The Australian Consumer Law (NT) does not make the Crown liable to pecuniary penalty or prosecution (section 38)."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act originally focused on general consumer protection and fair trading. Over time, its scope expanded significantly: Part 10 (motor vehicle dealers) was added, Part 14 (pawnbrokers and second-hand dealers) was inserted in 1997, Part 11 (fuel retailers) was replaced in 2017 to mandate price reporting, and Part 4 was introduced in 2010 to apply the Australian Consumer Law as a Territory law. These additions transformed the Act from a relatively simple consumer protection statute into a comprehensive regulatory framework covering multiple industries with detailed licensing, record-keeping, and enforcement mechanisms."},"complexity_factors":["Over 150 pages of legislation with numerous parts, subdivisions, and schedules","Extensive list of defined terms in section 4 and specific parts","Cross-references to other Acts such as the Australian Consumer Law, Criminal Code, Motor Vehicles Act, and Corporations Act","Nested exceptions and conditions, especially in Part 10 (motor vehicle warranties) and Part 14 (pawnbroker contracts)","Multiple licensing schemes with detailed application, renewal, suspension, and revocation procedures","Complex transitional provisions in Schedule 3 due to multiple amendment Acts","Use of conditional language (e.g., 'subject to', 'if', 'unless') throughout"],"plain_english_summary":"This Act is the main consumer protection law for the Northern Territory. It sets up a government office (the Commissioner of Consumer Affairs and a Director) to handle complaints, enforce the rules, and promote fair trading. The Act brings in the Australian Consumer Law as part of Territory law, which covers things like misleading advertising, product safety, and unfair contract terms. It also has specific rules for: motor vehicle dealers (who must be licensed, keep records, and provide warranties), pawnbrokers and second-hand dealers (also licensed, with strict rules on records, identification, and holding periods for goods), fuel retailers (who must report their fuel prices so consumers can compare), and credit reporting agencies (who must handle personal information fairly). The Act gives inspectors powers to enter premises, seize goods, and demand information. Businesses that break the rules can face fines, lose their licence, or be taken to court. This law matters because it sets minimum standards for honesty and safety in the marketplace, and gives consumers a way to get compensation when things go wrong."}},"importantCases":[],"_links":{"self":"/api/acts/consumer-affairs-and-fair-trading-act-1990","history":"/api/acts/consumer-affairs-and-fair-trading-act-1990/history","analysis":"/api/acts/consumer-affairs-and-fair-trading-act-1990/analysis","conflicts":"/api/acts/consumer-affairs-and-fair-trading-act-1990/conflicts","importantCases":"/api/acts/consumer-affairs-and-fair-trading-act-1990/important-cases","documents":"/api/acts/consumer-affairs-and-fair-trading-act-1990/documents"}}