{"id":"a-1992-72","name":"Fair Trading (Australian Consumer Law) Act 1992","slug":"fair-trading-australian-consumer-law-act-1992","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"72 of 1992","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23545,"registerId":"act-a-1992-72-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"16","sectionType":"section","heading":"December 2025. It also includes any commencement, amendment, repeal or expiry affecting","content":"16 December 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 16 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n4 Offences against Act—application of Criminal Code etc 3\n5 Definitions—pt 2 4\n\nPage\ncontents 2 Fair Trading (Australian Consumer Law) Act 1992\nDivision 2.2 Application of Australian Consumer Law\n6 The Australian Consumer Law text 6\n7 Application of Australian Consumer Law 6\n8 Future modifications of Australian Consumer Law text 7\n9 Meaning of generic terms in Australian Consumer Law for purposes of\nthis jurisdiction 7\n10 Interpretation of Australian Consumer Law 7\n11 Application of Australian Consumer Law 8\nDivision 2.3 References to Australian Consumer Law\n12 References to Australian Consumer Law 8\n13 References to Australian Consumer Law of other jurisdictions 9\nDivision 2.4 Application of Australian Consumer Law to\njurisdictions\n14 Division does not apply to Commonwealth 9\n15 Application law of this jurisdiction 9\n16 Application law of other jurisdictions 9\n17 Activities that are not business 10\n18 Jurisdictions not liable to pecuniary penalty or prosecution 11\n19 Conferral of functions and powers on certain bodies 12\n20 No doubling-up of liabilities 12\n21 Definitions for pt 3 13\n22 Preparation of draft codes of practice 13\n23 Approval of codes of practice 14\n24 Undertakings following contravention of approved code 14\n25 Enforcement of undertakings 15\n26 Variation or discharge of restraining order 16\n27 Register of undertakings 16\n28 Establishment of advisory committees 17\n29 Advisory committee membership 17\n\nPage\ncontents 3\n30 Advisory committee—general procedure 17\n31 Reimbursement of expenses for advisory committee members 18\n32 Commissioner for fair trading 19\n33 Functions of commissioner 19\n34 Delegation by commissioner 20\n34A Application—div 5.1A 21\n34B Definitions—div 5.1A 21\n34C Meaning of conciliation—div 5.1A 22\n34D Conciliation 22\n34E Parties to conciliation 23\n34F Attendance at conciliation 23\n34G Compulsory conciliation notice 23\n34GA Offence—business not attending conciliation 24\n34H Conduct of conciliation 24\n34I Conciliated agreements 24\n34J End of conciliation 25\n34K Admissibility of evidence 25\n35 Definitions for div 5.2 26\n36 Investigators 26\n37 Identity cards 27\n38 Power not to be exercised before identity card shown 27\n39 General power to enter premises 28\n40 Consent to entry 28\n41 Warrants 29\n42 Warrants—application made other than in person 30\n43 General powers on entry to premises 31\n44 Inspection of records of agents 32\n45 Power to seize evidence 33\n\nPage\ncontents 4 Fair Trading (Australian Consumer Law) Act 1992\n46 Receipt for things seized 34\n47 Access to things seized 34\n48 Return of things seized 35\n49 Self-incrimination etc 35\n50 Damage etc to be minimised 36\n51 Compensation 37\n52 Investigator may require giving of information and producing of\ndocuments 37\n53 Copying of documents produced under s 52 39\n54 Secrecy 39\n55 Commissioner may begin or defend legal proceeding on behalf of\nconsumer 41\n56 Commissioner must obtain consent in relation to proceeding 42\n57 Conduct of proceeding by commissioner 43\n58 Court’s powers 43\n59 Recovery of money other than costs 43\n60 Costs 43\n61 Commissioner not personally liable 44\nPart 6 Maximum annual percentage rate and\ndisclosure\n62 Definitions—pt 6 45\n63 Maximum annual percentage rate 45\n64 Disclosure of cost of credit 46\n65 Certificate evidence 47\n65A Conduct by representatives 47\n66 Protection of officials from liability 49\n67 Regulation-making power 49\nPart 8 Transitional—Housing and Consumer Affairs\nLegislation Amendment Act 2024\n68 Definitions—pt 8 50\n\nPage\ncontents 5\n69 Alleged contravention of civil penalty provision before commencement\nday 50\n70 Applications for civil penalty order not determined before\ncommencement day 51\n71 Expiry—pt 8 51\nDictionary 52\n1 About the endnotes 57\n2 Abbreviation key 57\n3 Legislation history 58\n4 Amendment history 64\n5 Earlier republications 85\n6 Expired transitional or validating provisions 87\n\nAn Act about fair trading and consumer protection, and for other purposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Fair Trading (Australian Consumer Law) Act 1992.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘consumer—see the Australian\nConsumer Law (ACT), section 2 (1).’ means that the term ‘consumer’ is\ndefined in that law and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"4 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act\n(see Code, pt 2.1), except the following offences:\n• s 37 (4)\n• s 43 (2)\n• s 45 (6)\n• s 52 (2).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions—pt 2","content":"5 Definitions—pt 2\n(1) In this part:\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 law\ndescribed 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 section 6.\ninstrument means any document, including the following:\n(a) an Act or an instrument made under an Act;\n(b) a law of this jurisdiction or an instrument made under that law;\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\nDefinitions Division 2.1\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,\na legal 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 State\nof Victoria, the State of Queensland, the State of Western Australia,\nthe State of South Australia, the State of Tasmania, the Australian\nCapital Territory and the Northern Territory of Australia, as in force\nfor 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\nmodifications includes additions, omissions and substitutions.\nmonth means a period commencing at the beginning of a day of one\nof 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 corresponding day, ending at the expiration of the next month.\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 the Northern\nthis jurisdiction means the Australian Capital Territory.\n\n","sortOrder":5},{"sectionNumber":"Div 2","sectionType":"division","heading":"2 Application of Australian Consumer Law","content":"Division 2.2 Application of Australian Consumer Law\n(2) Terms used in this part and also in the Australian Consumer\nLaw (ACT) 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 of\nthat jurisdiction.\nDivision 2.2 Application of Australian Consumer\nLaw\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"The Australian Consumer Law text","content":"6 The Australian Consumer Law text\nThe Australian Consumer Law text consists of—\n(a) the Competition and Consumer Act 2010 (Cwlth), schedule 2;\nand\n(b) the regulations under that Act, section 139G.\nNote The Australian Consumer Law text is accessible at\nwww.legislation.gov.au.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Application of Australian Consumer Law","content":"7 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 (ACT); and\n(c) as so applying is a part of this Act.\n(2) This section has effect subject to section 8, section 9 and section 10.\n\nApplication of Australian Consumer Law Division 2.2\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Future modifications of Australian Consumer Law text","content":"8 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 not\napply under section 7, if the modification is declared by regulation\nunder this Act to be excluded from the operation of that section.\n(2) A regulation under subsection (1) has effect only if it is notified not\nlater than 3 months after the date of the modification.\n(3) Subsection (1) ceases to apply to the modification if a further\nregulation under this Act so provides.\n(4) For this section, the date of the modification is the date on which the\nCommonwealth Act effecting the modification receives the Royal\nAssent or the regulation effecting the modification is registered under\nthe Legislation Act 2003 (Cwlth).\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of generic terms in Australian Consumer Law for","content":"9 Meaning of generic terms in Australian Consumer Law for\npurposes of this jurisdiction\nIn the Australian Consumer Law (ACT):\ncourt includes the ACAT.\nregulator means the commissioner for fair trading.\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Interpretation of Australian Consumer Law","content":"10 Interpretation of Australian Consumer Law\n(1) The Acts Interpretation Act 1901 (Cwlth) applies as a law of this\njurisdiction to the Australian Consumer Law (ACT).\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 (ACT)\nwere a Commonwealth Act; and\n(b) the regulations in the Australian Consumer Law (ACT) or\ninstruments under that law were regulations or instruments\nunder a Commonwealth Act.\n\nDivision 2.3 References to Australian Consumer Law\n(3) The Legislation Act does not apply to—\n(a) the Australian Consumer Law (ACT); or\n(b) any instrument under that law.\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Application of Australian Consumer Law","content":"11 Application of Australian Consumer Law\n(1) The Australian Consumer Law (ACT) applies to and in relation to—\n(a) people carrying on business within this jurisdiction; or\n(b) bodies corporate incorporated or registered under the law of this\njurisdiction; or\n(c) people ordinarily resident in this jurisdiction; or\n(d) people otherwise connected with this jurisdiction.\n(2) Subject to subsection (1), the Australian Consumer Law (ACT)\nextends to conduct, and other acts, matters and things, occurring or\nexisting outside or partly outside this jurisdiction (whether within or\noutside Australia).\nDivision 2.3 References to Australian Consumer\nLaw\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"References to Australian Consumer Law","content":"12 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\nApplication of Australian Consumer Law to jurisdictions Division 2.4\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"References to Australian Consumer Law of other","content":"13 References to Australian Consumer Law of other\njurisdictions\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 for the\ntime being 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.\nDivision 2.4 Application of Australian Consumer\nLaw to jurisdictions\n","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Division does not apply to Commonwealth","content":"14 Division does not apply to Commonwealth\nIn this division, participating jurisdiction or other jurisdiction does\nnot include the Commonwealth.\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Application law of this jurisdiction","content":"15 Application law of this jurisdiction\nThe application law of this jurisdiction binds (so far as the legislative\npower of the Legislative Assembly allows) each participating\njurisdiction, so far as the jurisdiction carries on a business, either\ndirectly or by an authority of the jurisdiction concerned.\n16 Application law of other jurisdictions\n(1) The application law of each participating jurisdiction other than this\njurisdiction binds this jurisdiction, so far as this jurisdiction carries on\na business, either directly or by an authority of this jurisdiction.\n(2) If, because of this part, a provision of the law of another participating\njurisdiction binds this jurisdiction, this jurisdiction is subject to that\nprovision despite any prerogative right or privilege.\n\nDivision 2.4 Application of Australian Consumer Law to jurisdictions\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Activities that are not business","content":"17 Activities that are not business\n(1) For section 15 and section 16, the following do not amount to carrying\non a 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 people who are all acting for the same jurisdiction\n(and none of whom is an authority of a State); or\n(ii) only people who are all acting for the same authority of a\nState; or\n(iii) only a State and 1 or more non-commercial authorities of\nthat State; or\n(iv) only non-commercial authorities of the same State;\n(d) the acquisition of primary products by a government body under\nlegislation, 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 the\nlegislation that would allow it not to acquire the products.\n(2) Subsection (1) does not limit the things that do not amount to carrying\non a business for section 15 and section 16.\n\nApplication of Australian Consumer Law to jurisdictions Division 2.4\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":17},{"sectionNumber":"18","sectionType":"section","heading":"Jurisdictions not liable to pecuniary penalty or","content":"18 Jurisdictions not liable to pecuniary penalty or\nprosecution\n(1) Nothing in the application law of this jurisdiction makes any\njurisdiction liable to a pecuniary penalty or to be prosecuted for an\noffence.\n(2) Without limiting subsection (1), nothing in the application law of a\nparticipating jurisdiction makes this jurisdiction liable to a pecuniary\npenalty or to be prosecuted for an offence.\n(3) The protection in subsection (1) or (2) does not apply to an authority\nof any jurisdiction.\n\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Conferral of functions and powers on certain bodies","content":"19 Conferral of functions and powers on certain bodies\n(1) The authorities and officers of the Commonwealth mentioned in the\nAustralian Consumer Law (ACT) have the functions and powers\nconferred or expressed to be conferred on them under the Australian\nConsumer Law (ACT).\n(2) In addition to the powers mentioned in subsection (1), the authorities\nand officers mentioned in that subsection have power to do all things\nnecessary or convenient to be done in connection with the\nperformance of the functions and exercise of the powers mentioned\nin that subsection.\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"No doubling-up of liabilities","content":"20 No doubling-up of liabilities\n(1) If—\n(a) an act or omission is an offence against the Australian Consumer\nLaw (ACT) and is also an offence against an application law of\nanother participating jurisdiction; and\n(b) the offender has been punished for the offence under the\napplication law of the other jurisdiction;\nthe offender is not liable to be punished for the offence against the\nAustralian Consumer Law (ACT).\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 (ACT) in relation to the same conduct.\n\nCodes of practice Part 3\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Definitions for pt 3","content":"21 Definitions for pt 3\napproved code means a code of practice approved under section 23.\nundertaking means an undertaking given in response to a request for\nan undertaking made under section 24.\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Preparation of draft codes of practice","content":"22 Preparation of draft codes of practice\n(1) The commissioner may, with the approval of the Minister, and must,\nif the Minister directs, prepare for consideration by the Minister a\ndraft code of practice for fair dealing—\n(a) between a particular class of suppliers and consumers; or\n(b) by a particular class of people in relation to consumers.\n(2) A draft code of practice may do 1 or more of the following:\n(a) require an entity to be licensed or registered and prescribe\nconditions on licences or registration;\n(b) provide for fees to be imposed or collected in relation to a\nlicensing or registration system established under the code;\n(c) impose educational and competency requirements on entities\nlicensed or registered, or applying to be licensed or registered,\nunder the code;\n(d) establish alternative dispute resolution committees and\nprescribe the functions the committees may exercise.\nNote Entity—see Legislation Act, dict, pt 1.\n(3) Subsection (2) does not limit what a draft code of practice may do.\n\n(4) For the purpose of preparing a draft code of practice, the\ncommissioner must arrange for consultation with, and invite\nsubmissions from, the people and organisations that, in the opinion of\nthe commissioner, would have an interest in the terms of the proposed\ndraft code of practice.\n(5) If the commissioner is satisfied that associated people in a field of\ntrade or commerce have, in consultation with organisations\nrepresenting consumers and other interested people, agreed to abide\nby a particular code of practice in their dealings with or in relation to\nconsumers, the commissioner may submit the code to the Minister for\nconsideration together with any recommendations by the\ncommissioner in relation to amendments to the code.\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Approval of codes of practice","content":"23 Approval of codes of practice\n(1) The Minister may approve a code of practice submitted to the\nMinister under section 22.\n(2) A code of practice submitted to the Minister under section 22 may be\napproved with or without amendments.\n(3) An approved code of practice is a disallowable instrument.\n(4) The Minister may approve an amendment of an approved code of\npractice if the commissioner has certified in writing that the\namendment is of a minor or inconsequential nature and that\ncompliance with section 22 is not required.\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Undertakings following contravention of approved code","content":"24 Undertakings following contravention of approved code\n(1) If the commissioner believes on reasonable grounds that a person in\ncarrying on a business has not complied with an approved code, the\ncommissioner may request the person to give within a stated time a\nwritten undertaking about 1 or more of the following:\n(a) stopping the conduct;\n(b) future compliance with the code;\n\nCodes of practice Part 3\n(c) the action the person will take to rectify any consequence of the\nnon-compliance.\n(2) In considering whether to require a person to give an undertaking\nunder subsection (1), the commissioner must have regard to any\ndispute resolution process stated in the approved code.\n","sortOrder":24},{"sectionNumber":"25","sectionType":"section","heading":"Enforcement of undertakings","content":"25 Enforcement of undertakings\n(1) If a person fails to comply with a request by the commissioner to give\nan undertaking under section 24, the commissioner may apply to the\nMagistrates Court for an order under subsection (2).\n(2) If the court is satisfied that there were grounds for requesting the\nundertaking, the court may make 1 or more of the following orders:\n(a) an order directing the person to do something that would have\nbeen required to be done under the undertaking if the\nundertaking had been given;\n(b) any other order that the court considers appropriate.\n(3) If the commissioner considers that a person has breached an\nundertaking, the commissioner may apply to the Magistrates Court\nfor an order under subsection (4).\n(4) If the court is satisfied that the person has breached the undertaking,\nthe court may make 1 or more of the following orders:\n(a) an order directing the person to comply with the undertaking;\n(b) any other order that the court considers appropriate.\n(5) A person commits an offence if the person fails to comply with an\norder under this section.\nMaximum penalty: 50 penalty units.\n\n","sortOrder":25},{"sectionNumber":"26","sectionType":"section","heading":"Variation or discharge of restraining order","content":"26 Variation or discharge of restraining order\nThe Magistrates Court may, on the application of the commissioner,\nvary or discharge an order made under section 25.\n","sortOrder":26},{"sectionNumber":"27","sectionType":"section","heading":"Register of undertakings","content":"27 Register of undertakings\n(1) The commissioner must keep a register of undertakings.\n(2) The register may include any other information the commissioner\nconsiders appropriate.\n(3) The register may be kept in any form, including electronically, that\nthe commissioner decides.\n(4) The commissioner may correct any mistake, error or omission in the\nregister.\n(5) The commissioner may change a detail included in the register to\nkeep the register up-to-date.\n(6) The register must be available for public inspection, free of charge,\nduring normal business hours on any business day.\n\nAdvisory committees Part 4\n","sortOrder":27},{"sectionNumber":"28","sectionType":"section","heading":"Establishment of advisory committees","content":"28 Establishment of advisory committees\n(1) The Minister may establish advisory committees to provide advice to\nthe Minister or the commissioner about fair trading and consumer\nprotection.\n(2) An instrument establishing a committee is a notifiable instrument.\n(3) An advisory committee must provide advice as required by the\nMinister or the commissioner and may provide advice on its own\ninitiative.\n(4) In exercising its functions, an advisory committee may consult with\nmembers of the public and with other entities interested in fair trading\nand consumer protection matters.\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Advisory committee membership","content":"29 Advisory committee membership\nAn advisory committee is made up of—\n(a) the commissioner; and\n(b) other members appointed by the Minister who the Minister\nconsiders have the experience or expertise in relation to fair\ntrading and consumer protection matters to qualify the person to\nexercise the functions of a committee member.\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Advisory committee—general procedure","content":"30 Advisory committee—general procedure\n(1) Meetings of an advisory committee are to be held when and where it\ndecides.\n(2) An advisory committee may conduct its proceedings (including its\nmeetings) as it considers appropriate.\n\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Reimbursement of expenses for advisory committee","content":"31 Reimbursement of expenses for advisory committee\nmembers\n(1) A member of an advisory committee is not entitled to be paid for the\nexercise of the member’s functions.\n(2) However, a member may apply to the commissioner for\nreimbursement of expenses reasonably incurred by the member for\nthe purpose of attending a meeting of a committee.\n\nAdministration Division 5.1\n","sortOrder":31},{"sectionNumber":"32","sectionType":"section","heading":"Commissioner for fair trading","content":"32 Commissioner for fair trading\nThe director-general must appoint a public servant as the\nCommissioner for Fair Trading.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\n","sortOrder":32},{"sectionNumber":"33","sectionType":"section","heading":"Functions of commissioner","content":"33 Functions of commissioner\n(1) The commissioner may—\n(a) receive complaints about fraudulent conduct or unfair practices\nin relation to the supply of goods or services or the acquisition\nof interests in land; and\n(b) deal with the complaints in a way the commissioner considers\nappropriate, including by investigating them or referring them\nto the entity the commissioner considers to be best able to take\nappropriate action; and\n(c) investigate compliance with fair trading legislation; and\n(d) conduct other investigations and research into consumer and fair\ntrading issues and practices; and\n(e) inspect records and accounts that must be kept under fair trading\n(f) make information available to, and provide guidance to, the\npublic about consumer and fair trading issues and practices and\nabout related laws; and\n\n(g) exercise any other function given to the commissioner under a\nterritory law; and\n(h) be responsible for any other function given to the commissioner\nby the Minister or director-general.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n(2) In exercising the commissioner’s functions, the commissioner may\ncollaborate or consult with advisory committees, members of the\npublic, and other entities.\n(3) A complaint mentioned in subsection (1) (a) may, but need not, relate\nto conduct or a practice to which fair trading legislation applies.\n","sortOrder":33},{"sectionNumber":"34","sectionType":"section","heading":"Delegation by commissioner","content":"34 Delegation by commissioner\n(1) The commissioner may delegate the commissioner’s functions under\nthe consumer and trader legislation or another territory law to a public\nservant.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n(2) In this section:\nconsumer and trader legislation means the following:\n(a) the fair trading legislation;\n(b) the Classification (Publications, Films and Computer Games)\n(Enforcement) Act 1995;\n(c) the Pawnbrokers Act 1902;\n(d) the Sex Work Act 1992;\n(e) the Sale of Motor Vehicles Act 1977;\n(f) the Second-hand Dealers Act 1906;\n\n(g) the Tobacco and Other Smoking Products Act 1927;\n(h) the Traders (Licensing) Act 2016.\n","sortOrder":34},{"sectionNumber":"34A","sectionType":"section","heading":"Application—div 5.1A","content":"34A Application—div 5.1A\nThis division applies in relation to a consumer complaint made by a\nconsumer to the commissioner if the value of the remedy sought in\nrelation to the complaint is not more than $5 000.\n","sortOrder":35},{"sectionNumber":"34B","sectionType":"section","heading":"Definitions—div 5.1A","content":"34B Definitions—div 5.1A\nIn this division:\nacquire—see the Australian Consumer Law (ACT), section 2 (1).\nbusiness means a person in trade or commerce, a supplier, a\nmanufacturer or another person to whom the consumer legislation\napplies.\ncompulsory conciliation notice—see section 34G.\nconsumer—\n(a) in relation to the Australian Consumer Law (ACT)—see the\nAustralian Consumer Law (ACT), section 2 (1); or\n(b) in relation to any other consumer legislation—means a person\nwho acquires goods or services from a business for personal,\ndomestic or household use or consumption.\nconsumer complaint—\n(a) means a complaint by a consumer about a civil dispute with a\nbusiness in relation to consumer or fair trading issues and\npractices; and\n(b) includes a complaint by a consumer about a contravention of the\nconsumer legislation by the business.\n\nconsumer legislation means any of the following:\n(a) the Agents Act 2003;\n(b) the Australian Consumer Law (ACT);\n(c) the Fair Trading (Motor Vehicle Repair Industry) Act 2010;\n(d) the Pawnbrokers Act 1902;\n(e) the Sale of Motor Vehicles Act 1977;\n(f) the Second-hand Dealers Act 1906.\nparty, to a conciliation of a consumer complaint, means a person\nmentioned in section 34E in relation to the complaint.\n","sortOrder":36},{"sectionNumber":"34C","sectionType":"section","heading":"Meaning of conciliation—div 5.1A","content":"34C Meaning of conciliation—div 5.1A\n(1) In this division, conciliation of a consumer complaint involves the\ncommissioner acting as an impartial third party to help the parties to\nthe conciliation to endeavour to resolve the matters raised by the\ncomplaint by agreement.\n(2) The parties to the conciliation decide the outcome of the conciliation,\nusually with advice from the commissioner.\n","sortOrder":37},{"sectionNumber":"34D","sectionType":"section","heading":"Conciliation","content":"34D Conciliation\nThe commissioner may conciliate a consumer complaint, or part of a\nconsumer complaint, if—\n(a) the commissioner is satisfied that the matters raised by the\ncomplaint, or part of the complaint, are appropriate for\nconciliation; and\nExample\nA consumer complaint is not appropriate for conciliation if it is before the\nACAT or if the conduct complained about may constitute a criminal offence.\n(b) the consumer who made the complaint agrees.\n\n","sortOrder":38},{"sectionNumber":"34E","sectionType":"section","heading":"Parties to conciliation","content":"34E Parties to conciliation\nThe parties to a conciliation of a consumer complaint are the\nconsumer who made the complaint and the business that is the subject\nof the complaint.\n","sortOrder":39},{"sectionNumber":"34F","sectionType":"section","heading":"Attendance at conciliation","content":"34F Attendance at conciliation\n(1) A party to a conciliation of a consumer complaint—\n(a) must attend the conciliation; and\n(b) if the commissioner agrees—may attend the conciliation by\ntelephone or other electronic means.\n(2) A party to a conciliation must not be represented by a lawyer unless—\n(a) another party to the conciliation is a lawyer; or\n(b) each party to the conciliation agrees; or\n(c) the commissioner is satisfied that the party would be unfairly\ndisadvantaged if not represented by a lawyer.\n(3) However, a person other than a lawyer may attend the conciliation on\nbehalf of the consumer who made the complaint if—\n(a) the consumer is a child or person with disability; or\n(b) the commissioner agrees to the person attending the conciliation\non behalf of the consumer.\n(4) Also, the consumer may be accompanied by another person at the\nconciliation if the commissioner agrees.\n","sortOrder":40},{"sectionNumber":"34G","sectionType":"section","heading":"Compulsory conciliation notice","content":"34G Compulsory conciliation notice\n(1) The commissioner may, by written notice (a compulsory conciliation\nnotice), require a business to attend a conciliation in relation to a\nconsumer complaint if—\n(a) the business is the subject of the complaint; and\n\n(b) the consumer who made the complaint agrees.\n(2) The compulsory conciliation notice must state the time and place that\nthe business is required to attend the conciliation.\n34GA Offence—business not attending conciliation\n(1) A business commits an offence if the business—\n(a) receives a compulsory conciliation notice to attend a\nconciliation; and\n(b) fails to attend the conciliation at the time and place stated in the\nnotice.\nMaximum penalty: 30 penalty units.\n(2) Subsection (1) does not apply if the business has a reasonable excuse\nfor not attending the conciliation.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (2) (see Criminal Code, s 58).\n(3) An offence against this section is a strict liability offence.\n","sortOrder":41},{"sectionNumber":"34H","sectionType":"section","heading":"Conduct of conciliation","content":"34H Conduct of conciliation\nConciliation is to be conducted in the way the commissioner decides.\nExamples\n1 the commissioner may decide that a consumer complaint is to be split and the\nparts are to be conciliated separately\n2 the commissioner may decide to conciliate a consumer complaint by holding\na conference with the parties\n","sortOrder":42},{"sectionNumber":"34I","sectionType":"section","heading":"Conciliated agreements","content":"34I Conciliated agreements\n(1) If a consumer complaint is resolved by agreement at conciliation, the\ncommissioner must help the parties to make a written record of the\nagreement they have reached (the conciliation agreement).\n\n(2) A conciliation agreement must be signed by each party to the\nconciliation.\n(3) The commissioner must give each party a copy of the conciliation\nagreement.\nNote The ACAT may make an order in accordance with a conciliation\nagreement for a consumer complaint (see ACT Civil and Administrative\nTribunal Act 2008, s 55B).\n","sortOrder":43},{"sectionNumber":"34J","sectionType":"section","heading":"End of conciliation","content":"34J End of conciliation\n(1) Conciliation of a consumer complaint ends when—\n(a) agreement is reached on the matters raised by the complaint and\nthe parties end the conciliation; or\n(b) the parties agree to end the conciliation; or\n(c) the consumer withdraws from the conciliation; or\n(d) the commissioner is satisfied that the conciliation is unlikely to\nbe successful.\n(2) When the conciliation ends, the commissioner must, as soon as\npracticable, tell each party to the conciliation that it has ended and\nwhy it has ended.\n","sortOrder":44},{"sectionNumber":"34K","sectionType":"section","heading":"Admissibility of evidence","content":"34K Admissibility of evidence\n(1) This section applies to—\n(a) a communication made between people attending a conciliation\n(including the commissioner); and\n(b) a document (whether delivered or not) that has been prepared in\nrelation to the conciliation.\n(2) The Evidence Act 2011, section 131 (Exclusion of evidence of\nsettlement negotiations) applies to a communication or document to\nwhich this section applies as if the communication or document were\na communication or document mentioned in that Act, section 131 (1).\n\n","sortOrder":45},{"sectionNumber":"35","sectionType":"section","heading":"Definitions for div 5.2","content":"35 Definitions for div 5.2\nIn this division:\nbusiness premises means premises where a business, trade,\nprofession or calling is carried on, other than a part used for\nresidential purposes.\nconnected—a thing is connected with a particular offence if—\n(a) the offence has been committed in relation to it; or\n(b) it will provide evidence of the commission of the offence; or\n(c) it was used, is being used, or is intended to be used, to commit\nthe offence.\noccupier, of premises, includes—\n(a) a person believed on reasonable grounds to be an occupier of the\npremises; and\n(b) a person apparently in charge of the premises.\noffence includes an offence that there are reasonable grounds for\nbelieving has been, is being, or will be committed.\n","sortOrder":46},{"sectionNumber":"36","sectionType":"section","heading":"Investigators","content":"36 Investigators\n(1) The commissioner may appoint a person as an investigator for this\nAct, section 33 (1) (b), (c), (d) or (e) (Functions of commissioner).\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n\n(2) An investigator may also exercise any other function given to the\ninvestigator under a territory law.\n","sortOrder":47},{"sectionNumber":"37","sectionType":"section","heading":"Identity cards","content":"37 Identity cards\n(1) The commissioner must issue an identity card to each investigator\nunder this Act.\n(2) The identity card must state that the person is an investigator.\n(3) The identity card must also—\n(a) include a recent photograph of the person; and\n(b) state—\n(i) the person’s name; and\n(ii) the Acts for which the person is an investigator; and\n(iii) the date of issue of the card; and\n(iv) a date of expiry for the card; and\n(c) include anything else prescribed by regulation.\n(4) A person who ceases to be an investigator must return the person’s\nidentity card to the commissioner as soon as practicable, but within\n21 days, after ceasing to be an investigator.\nMaximum penalty (subsection (4)): 1 penalty unit.\n","sortOrder":48},{"sectionNumber":"38","sectionType":"section","heading":"Power not to be exercised before identity card shown","content":"38 Power not to be exercised before identity card shown\nAn investigator may exercise a power under a territory law in relation\nto a person only if the investigator first shows the person the\ninvestigator’s identity card.\n\n","sortOrder":49},{"sectionNumber":"39","sectionType":"section","heading":"General power to enter premises","content":"39 General power to enter premises\n(1) For an investigation, an investigator may—\n(a) enter any premises at any time with the occupier’s consent; or\n(b) enter premises when open to the public; or\n(c) enter business premises during business hours at the premises;\nor\n(d) enter premises in accordance with a warrant under this division.\n(2) An investigator may, without the occupier’s consent or a warrant,\nenter the land around premises to ask for consent to enter the\npremises.\n","sortOrder":50},{"sectionNumber":"40","sectionType":"section","heading":"Consent to entry","content":"40 Consent to entry\n(1) When asking for the occupier’s consent to enter premises under this\ndivision, an investigator must—\n(a) show the investigator’s identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this division may be\nused in evidence in court; and\n(iii) that consent may be refused.\n(2) If the occupier consents, the investigator must ask the occupier to sign\na written acknowledgment—\n(a) that the occupier was told—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this division may be\nused in evidence in court; and\n(iii) that consent may be refused; and\n\n(b) that the occupier consented to the entry; and\n(c) stating the time, and day, when consent was given.\n(3) If the occupier signs an acknowledgment of consent, the investigator\nmust immediately give a copy to the occupier.\n(4) A court must assume that an occupier of premises did not consent to\nan entry to the premises by an investigator under this division if—\n(a) the question whether the occupier consented to the entry arises\nin proceedings in the court; and\n(b) an acknowledgment under this section is not produced in\nevidence for the entry; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":51},{"sectionNumber":"41","sectionType":"section","heading":"Warrants","content":"41 Warrants\n(1) An investigator may apply to a magistrate for a warrant to enter\npremises.\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\ninvestigator gives the magistrate all the information the magistrate\nrequires about the application in the way the magistrate requires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst the fair trading legislation; and\n(b) the thing or activity is at or happening at the premises, or may\nbe at or happening at the premises within the next 14 days.\n\n(5) The warrant must state—\n(a) that an investigator may, with necessary help and force, enter\nthe premises and exercise the investigator’s powers under this\ndivision; and\n(b) the offence for which the warrant is issued; and\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n(e) the date, within 14 days after the warrant’s issue, the warrant\nends.\n","sortOrder":52},{"sectionNumber":"42","sectionType":"section","heading":"Warrants—application made other than in person","content":"42 Warrants—application made other than in person\n(1) An investigator may apply for a warrant by phone, fax, email, radio\nor other form of communication if the investigator considers it\nnecessary because of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the investigator must prepare an\napplication stating the grounds on which the warrant is sought.\n(3) The investigator may apply for the warrant before the application is\nsworn.\n(4) After issuing the warrant, the magistrate must immediately provide a\nwritten copy to the investigator if it is practicable to do so.\n(5) The written copy of the warrant authorises the entry and the exercise\nof the investigator’s powers under this division.\n(6) The investigator must, at the first reasonable opportunity, send to the\nmagistrate the sworn application.\n(7) On receiving the sworn application, the magistrate must attach it to\nthe warrant.\n\n(8) A court must assume that a power exercised by an investigator was\nnot authorised by a warrant under this section if—\n(a) the question arises in a proceeding before the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":53},{"sectionNumber":"43","sectionType":"section","heading":"General powers on entry to premises","content":"43 General powers on entry to premises\n(1) An investigator who enters premises under this division may, for the\nfair trading legislation, do any of the following in relation to the\npremises or anything on the premises:\n(a) inspect or examine;\n(b) copy a document;\n(c) take measurements or conduct tests;\n(d) take samples of or from anything on the premises;\n(e) take photographs, films, or audio, video or other recordings;\n(f) subject to section 45 (Power to seize evidence), seize a thing;\n(g) take into the premises any people, equipment or material the\ninvestigator reasonably needs for exercising a power under this\ndivision;\n(h) require the occupier, or a person on the premises, to give the\ninvestigator reasonable help to exercise a power under this\ndivision.\n(2) A person must not, without reasonable excuse, contravene a\nrequirement under subsection (1) (h).\nMaximum penalty (subsection (2)): 50 penalty units.\n\n","sortOrder":54},{"sectionNumber":"44","sectionType":"section","heading":"Inspection of records of agents","content":"44 Inspection of records of agents\n(1) For this section, the following is a relevant circumstance in relation\nto a person:\n(a) the person is a licensed agent who cannot be found;\n(b) the person is a licensed agent who has left the ACT apparently\npermanently or for an extended period;\n(c) the person has ceased to be a licensed agent;\n(d) the person is a licensed property agent who has contravened, or\nappears to have contravened, the Agents Act 2003, part 7\n(Trust accounts—licensed property agents).\n(2) This section applies if an investigator is satisfied that—\n(a) a relevant circumstance has happened in relation to a person; and\n(b) the person has deposited money in an account with an authorised\ndeposit-taking institution; and\n(c) it is necessary to inspect the records relating to the person kept\nby the institution.\n(3) The investigator may give to the authorised deposit-taking institution\na written notice—\n(a) setting out the relevant circumstance; and\n(b) requiring the institution to produce for the investigator’s\ninspection the records of the institution relating to the person.\n(4) An authorised deposit-taking institution must comply with the notice.\naccount—\n(a) means a trust account or another account, whether related to a\nperson’s business activities or not; and\n(b) includes an account kept jointly with someone else.\n\nlicensed agent—see the Agents Act 2003, dictionary.\nlicensed property agent—see the Agents Act 2003, section 7A.\ntrust account—see the Agents Act 2003, dictionary.\n","sortOrder":55},{"sectionNumber":"45","sectionType":"section","heading":"Power to seize evidence","content":"45 Power to seize evidence\n(1) An investigator who enters premises under a warrant under this\ndivision may seize the things for which the warrant was issued.\n(2) An investigator who enters premises under this division with the\noccupier’s consent may seize a thing on the premises if—\n(a) the investigator is satisfied on reasonable grounds that the thing\nis connected with an offence against the fair trading legislation;\nand\n(b) seizure of the thing is consistent with the purpose of the entry as\ntold to the occupier when seeking the occupier’s consent.\n(3) An investigator may also seize anything on premises entered under\nthis division if the investigator is satisfied on reasonable grounds\nthat—\n(a) the thing is connected with an offence against the fair trading\n(b) the seizure is necessary to prevent the thing from being—\n(i) concealed, lost or destroyed; or\n(ii) used to commit, continue or repeat the offence.\n(4) In addition, an investigator may seize goods on premises entered\nunder this division if—\n(a) the investigator is satisfied on reasonable grounds that the goods\nhave been supplied in contravention of the fair trading\n\n(b) seizure of the goods is necessary to decide whether the\ncontravention has happened, or to be used as evidence in\nproceedings under the fair trading legislation about the\ncontravention.\n(5) Having seized a thing, an investigator may—\n(a) remove the thing from the premises where it was seized\n(the place of seizure) to another place; or\n(b) leave the thing at the place of seizure but restrict access to it.\n(6) A person must not, without the commissioner’s approval, interfere\nwith a thing to which access has been restricted under subsection (5).\nMaximum penalty (subsection (6)): 50 penalty units, imprisonment\nfor 6 months or both.\n","sortOrder":56},{"sectionNumber":"46","sectionType":"section","heading":"Receipt for things seized","content":"46 Receipt for things seized\n(1) As soon as practicable after a thing is seized by an investigator under\nthis division, the investigator must give a receipt for it to the person\nfrom whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe investigator must leave the receipt, secured conspicuously at the\nplace of seizure.\n","sortOrder":57},{"sectionNumber":"47","sectionType":"section","heading":"Access to things seized","content":"47 Access to things seized\nA person who would, apart from the seizure, be entitled to a thing\nseized under this division may—\n(a) inspect it; and\n(b) if it is a document—take extracts from it or make copies of it.\n\n","sortOrder":58},{"sectionNumber":"48","sectionType":"section","heading":"Return of things seized","content":"48 Return of things seized\n(1) A thing seized under this division must be returned to its owner, or\nreasonable compensation must be paid to the owner by the Territory\nfor the loss of the thing, if—\n(a) a prosecution for an offence relating to the thing is not begun\nwithin 90 days after the day of the seizure; or\n(b) the court does not find the offence proved in a prosecution for\nan offence against the fair trading legislation relating to the\nthing.\n(2) A thing seized under this division is forfeited to the Territory if a\ncourt—\n(a) finds an offence against the fair trading legislation relating to the\nthing to be proved; and\n(b) orders the forfeiture.\n(3) If subsection (2) (a) applies, but a court does not order forfeiture of\nthe thing seized, the commissioner must return the thing to its owner\nor the Territory must pay reasonable compensation to the owner for\nthe loss of the thing.\n","sortOrder":59},{"sectionNumber":"49","sectionType":"section","heading":"Self-incrimination etc","content":"49 Self-incrimination etc\n(1) A person is not excused from providing information or producing a\ndocument when required to do so under this division on the ground\nthat the information or document may tend to incriminate the person.\n(2) However—\n(a) providing the information or producing the document; or\n\n(b) any other information, document or thing obtained as a direct or\nindirect consequence of providing the information or producing\nthe document;\nis not admissible in evidence against the person in a criminal\nproceeding.\n(3) Subsection (2) does not apply to a proceeding for—\n(a) an offence against the Criminal Code, part 3.4 (False or\nmisleading statements, information and documents); or\n(b) any other offence in relation to the falsity or misleading nature\nof the information or document.\nNote 1 A reference to an offence against a territory law includes a reference to a\nrelated ancillary offence, eg attempt (see Legislation Act 2001, s 189).\nNote 2 The Legislation Act 2001, s 171 deals with the application of client legal\nprivilege.\n","sortOrder":60},{"sectionNumber":"50","sectionType":"section","heading":"Damage etc to be minimised","content":"50 Damage etc to be minimised\n(1) In the exercise, or purported exercise, of a function under this\ndivision, an investigator must take all reasonable steps to ensure that\nthe investigator, and any person assisting the investigator, causes as\nlittle inconvenience, detriment and damage as is practicable.\n(2) If an investigator, or a person assisting an investigator, damages\nanything in the exercise or purported exercise of a function under this\ndivision, the investigator must give written notice of the particulars\nof the damage to the person whom the investigator believes on\nreasonable grounds is the owner of the thing.\n(3) If the damage happens on premises entered under this division in the\nabsence of the occupier, the notice may be given by securing it in a\nconspicuous place on the premises.\n\n","sortOrder":61},{"sectionNumber":"51","sectionType":"section","heading":"Compensation","content":"51 Compensation\n(1) A person may claim reasonable compensation from the Territory if\nthe person suffers loss or expense because of the exercise, or\npurported exercise, of a function under this division by an investigator\nor a person assisting an investigator.\n(2) Compensation may be claimed and ordered in a proceeding for—\n(a) compensation brought in a court of competent jurisdiction; or\n(b) an offence against the fair trading legislation brought against the\nperson making the claim for compensation.\n(3) A court may order the payment of reasonable compensation for the\nloss or expense only if it is satisfied it is just to make the order in the\ncircumstances of the particular case.\n(4) A regulation may prescribe matters that may, must or must not be\ntaken into account by the court in considering whether it is just to\nmake the order.\n","sortOrder":62},{"sectionNumber":"52","sectionType":"section","heading":"Investigator may require giving of information and","content":"52 Investigator may require giving of information and\nproducing of documents\n(1) An investigator making an investigation—\n(a) on giving a person other than a corporation a warning, orally or\nin writing, of the person’s obligation to comply with a\nrequirement under this section, may, by written notice, require\nthat person—\n(i) to give to the investigator, by writing signed by that person,\ninformation stated in the notice; or\n(ii) to give to the investigator, orally, information stated in the\nnotice; or\n(iii) to produce to the investigator a document stated in the\nnotice;\n\n(b) may, on giving a corporation a written warning of its obligation\nto comply with a requirement under this section, by written\nnotice, require the executive officer of the corporation—\n(i) to give to the investigator, by writing signed by the officer,\ninformation stated in the notice; and\n(ii) to give to the investigator, orally, information stated in the\nnotice; and\n(iii) to produce to the investigator a document stated in the\nnotice; and\n(c) may require an entity mentioned in paragraph (a) or (b) to give\nthe information or produce the document—\n(i) at a place stated in the notice; and\n(ii) at or within a time stated in the notice.\n(2) A person who, without reasonable excuse, fails to comply with a\nrequirement under this section commits an offence.\n(3) A reference in this section to information or a document stated in a\nnotice under this section is a reference to information or a document,\nas the case may be, reasonably required for this Act.\n(4) An investigator who enters premises under section 39 is not\nauthorised to remain on the premises if the investigator does not\nproduce the investigator’s identity card for inspection if asked to do\nso by the occupier or a person apparently in charge of the premises.\nexecutive officer means a person (however described and whether or\nnot the person is a director of the corporation) who is concerned with,\nor takes part in, the corporation’s management.\n\n","sortOrder":63},{"sectionNumber":"53","sectionType":"section","heading":"Copying of documents produced under s 52","content":"53 Copying of documents produced under s 52\n(1) A prescribed person may—\n(a) make copies of a document produced in accordance with a\nnotice under section 52; and\n(b) retain possession of the document for as long as is necessary to\nmake those copies.\n(2) A prescribed person who for subsection (1) is in the possession of a\ndocument must comply with a request made by the person who\nproduced the document, or by a person authorised by that person, to\nbe afforded a reasonable opportunity to inspect and make copies of\nthe document.\n(3) In this section:\nprescribed person means—\n(a) the commissioner; or\n(b) a person authorised by the commissioner by signed writing for\nthis section.\n","sortOrder":64},{"sectionNumber":"54","sectionType":"section","heading":"Secrecy","content":"54 Secrecy\n(1) A person to whom this section applies commits an offence if—\n(a) the person—\n(i) makes a record of protected information about someone\nelse; and\n(ii) is reckless about whether the information is protected\ninformation about someone else; or\n(b) the person—\n(i) does something that divulges protected information about\nsomeone else; and\n\n(ii) is reckless about whether—\n(A) the information is protected information about\nsomeone else; and\n(B) doing the thing would result in the information being\ndivulged to someone else.\n(2) Subsection (1) does not apply if the record is made, or the information\nis divulged—\n(a) under this Act or another law applying in the Territory; or\n(b) in relation to the exercise of a function, as a person to whom this\nsection applies, under this Act or another law applying in the\nNote The defendant has an evidential burden in relation to the matters\nmentioned in ss (2) and (3) (see Criminal Code, s 58).\n(3) Subsection (1) does not apply to the divulging of protected\ninformation about someone with the person’s consent.\n(4) A person to whom this section applies commits an offence if, in a\ncriminal proceeding against a defendant, the person divulges\nprotected information to a court, or produces a document to a court,\nthat was given or produced by the defendant in accordance with a\nrequirement under section 52 (1) unless—\n(a) the proceeding is for an offence against section 52 (2); or\n(b) the proceeding is in respect of the falsity of the information or\nof a statement in the document.\n\n(5) A person to whom this section applies need not divulge protected\ninformation to a court, or produce a document containing protected\ninformation to a court, unless it is necessary to do so for this Act or\nanother law applying in the Territory.\n(6) In this section:\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndivulge includes communicate.\nperson to whom this section applies means a person —\n(a) who is or has been—\n(i) the commissioner; or\n(ii) a member of the staff of the commissioner; or\n(b) mentioned in section 33 (2); or\n(c) who exercises, or has exercised, a function under this Act.\nproduce includes allow access to.\nprotected information means information about a person that is\ndisclosed to, or obtained by, a person to whom this section applies\nbecause of the exercise of a function under this Act by the person or\nsomeone else.\n","sortOrder":65},{"sectionNumber":"55","sectionType":"section","heading":"Commissioner may begin or defend legal proceeding on","content":"55 Commissioner may begin or defend legal proceeding on\nbehalf of consumer\n(1) This section applies if a complaint or other matter involving a\nconsumer is made or referred to the commissioner.\n\n(2) The commissioner may, on behalf of the consumer and either alone\nor jointly, begin a legal proceeding against another person or defend\na proceeding brought against the consumer for the purpose of\nenforcing or protecting the rights of the consumer in relation to an\ninfringement, or suspected infringement, by that other person of—\n(a) those rights; or\n(b) a law in force in the Territory relating to the interests of\nconsumers.\n(3) The commissioner must not begin or defend a proceeding under\nsubsection (2) unless the commissioner is satisfied that—\n(a) the consumer has a cause of action or a good defence to the\nproceeding; or\n(b) it is otherwise in the public interest to do so.\n","sortOrder":66},{"sectionNumber":"56","sectionType":"section","heading":"Commissioner must obtain consent in relation to","content":"56 Commissioner must obtain consent in relation to\nproceeding\n(1) The commissioner must not begin or defend a proceeding under\nsection 55 unless the commissioner has—\n(a) the written consent of the consumer; and\n(b) the written consent of the Minister.\n(2) Nothing in subsection (1) requires the commissioner to obtain the\nconsent of the consumer or the Minister in relation to the defence of\na counterclaim, set-off or cross-action.\n(3) A consent given under subsection (1) (a) is irrevocable except with\nthe consent of the commissioner.\n(4) A consent given under subsection (1) (b) is subject to the conditions\nthe Minister considers appropriate.\n\n","sortOrder":67},{"sectionNumber":"57","sectionType":"section","heading":"Conduct of proceeding by commissioner","content":"57 Conduct of proceeding by commissioner\n(1) Subject to section 56 (1), the commissioner may, without consulting\nor seeking the consent of the consumer, conduct a proceeding under\nsection 55 (2) in the name of the consumer and in the way the\ncommissioner considers appropriate.\n(2) For the purpose of conducting a proceeding under section 55 (2),\nthe commissioner has the same rights as the consumer would have\nhad in the conduct of the proceeding, including the right—\n(a) to sign documents in connection with the proceeding on behalf\nof the consumer; and\n(b) to settle an action or part of an action; and\n(c) to give an undertaking in relation to costs.\n","sortOrder":68},{"sectionNumber":"58","sectionType":"section","heading":"Court’s powers","content":"58 Court’s powers\nIn a proceeding under section 55 (2), a court has the same powers as\nit would have had if the proceeding had been begun by the consumer.\n","sortOrder":69},{"sectionNumber":"59","sectionType":"section","heading":"Recovery of money other than costs","content":"59 Recovery of money other than costs\nMoney (other than costs) recovered by the commissioner as a result\nof a proceeding under section 55 (2) must be paid to the consumer\nwithout deduction.\n","sortOrder":70},{"sectionNumber":"60","sectionType":"section","heading":"Costs","content":"60 Costs\n(1) If an order for costs is made against the consumer in relation to a\nproceeding under section 55 (2)—\n(a) the costs must be paid by the commissioner; and\n(b) the order may be enforced against the commissioner as if the\ncommissioner were the consumer; and\n(c) the order must not be enforced against the consumer.\n\n(2) If an order for costs is made in favour of the consumer—\n(a) the costs are payable to the commissioner; and\n(b) the order may be enforced by the commissioner.\n","sortOrder":71},{"sectionNumber":"61","sectionType":"section","heading":"Commissioner not personally liable","content":"61 Commissioner not personally liable\nThe commissioner is not personally liable as a result of a proceeding\nunder section 55 (2) but any amount that the commissioner becomes\nliable to pay under section 60 (1) must be paid by the Territory.\n\nMaximum annual percentage rate and disclosure Part 6\n","sortOrder":72},{"sectionNumber":"Part 6","sectionType":"part","heading":"Maximum annual percentage rate","content":"Part 6 Maximum annual percentage rate\nand disclosure\n","sortOrder":73},{"sectionNumber":"62","sectionType":"section","heading":"Definitions—pt 6","content":"62 Definitions—pt 6\nannual percentage rate—see the code, section 204 (1).\ncode means the National Credit Code.\ncontract document—see the code, section 204 (1).\ncredit—see the code, section 204 (1).\ncredit contract—see the code, section 204 (1).\ncredit fees and charges—see the code, section 204 (1).\n","sortOrder":74},{"sectionNumber":"63","sectionType":"section","heading":"Maximum annual percentage rate","content":"63 Maximum annual percentage rate\n(1) A regulation may prescribe a maximum annual percentage rate for a\ncredit contract to which the code applies.\n(2) A regulation may require interest charges, and all credit fees and\ncharges, under a credit contract to be included in working out the\nmaximum annual percentage rate under the contract.\n(3) The code, part 2, division 3 applies in relation to a prescribed\nmaximum annual percentage rate as if the rate had been prescribed by\nthe code.\nNote The effect of s (3) is that a contract is void to the extent that it imposes a\nmonetary liability prohibited under s (1) and that any amount paid under\nthe contract may be recovered. In addition, the credit provider commits\nan offence for entering into the contract.\n\nPart 6 Maximum annual percentage rate and disclosure\n(4) This section does not affect the exercise of any powers under the\ncode, part 4, division 3 in relation to a credit contract that is not void\nbecause of this section.\nNote The code, pt 4, div 3 allows (among other things) the reopening of unjust\ntransactions.\n(5) This section applies to a credit contract whether the credit contract\nwas established before, or is established after, the commencement of\nthis section.\n","sortOrder":75},{"sectionNumber":"64","sectionType":"section","heading":"Disclosure of cost of credit","content":"64 Disclosure of cost of credit\n(1) For the code, section 17 (4) (Annual percentage rate or rates), the\ncontract document must state an annual percentage rate worked out\non the basis of charges under the credit contract that are interest\ncharges (whether or not they are described in the credit contract as\ninterest charges).\n(2) For the code, section 17 (6) (Total amount of interest charges\npayable), the total amount of interest charges payable under the\ncontract includes an amount that is an interest charge (whether or not\nit is described in the contract as an interest charge).\n(3) For the code, section 16 (Precontractual disclosure), the\nprecontractual statement must also set out the matters mentioned in\nsubsections (1) and (2).\n(4) The requirements under this section are additional to any other\nrequirements under the code, section 16 or section 17.\n\nMiscellaneous Part 7\n","sortOrder":76},{"sectionNumber":"65","sectionType":"section","heading":"Certificate evidence","content":"65 Certificate evidence\n(1) A certificate that appears to be signed by the commissioner, and states\nany of the following matters, is evidence of the matter:\n(a) that a stated investigation made, or being made, by the\ncommissioner or another stated person was made, or is being\nmade, under part 5;\n(b) that on a stated date, or during a stated period, a stated person\nwas an investigator.\n(2) A court must accept a certificate under this section as proof of the\nmatters stated in it if there is no evidence to the contrary.\n","sortOrder":77},{"sectionNumber":"65A","sectionType":"section","heading":"Conduct by representatives","content":"65A Conduct by representatives\n(1) This section applies to a proceeding under this Act or the Australian\nConsumer Law (ACT) for conduct engaged in by a person.\n(2) If it is necessary to establish the state of mind of the person, it is\nsufficient to show that—\n(a) a representative of the person engaged in the conduct within the\nscope of the representative’s authority; and\n(b) the representative had that state of mind.\n(3) The following conduct is taken to have been engaged in also by the\nperson:\n(a) conduct of a representative of the person within the scope of the\nrepresentative’s authority;\n\n(b) conduct engaged in on behalf of the person by another person\nif—\n(i) the other person engages in the conduct at the direction or\nwith the consent or agreement (whether express or implied)\nof a representative of the person; and\n(ii) the giving of the direction, consent or agreement is within\nthe scope of the representative’s authority.\n(4) An individual is not liable to be punished by imprisonment for an\noffence if—\n(a) subsection (2) or (3) applied in relation to the conviction on the\nbasis that the individual was the person (other than a\nrepresentative) mentioned in the subsection; and\n(b) the individual would not have been convicted of the offence if\nthe subsection had not been enacted.\nauthority means actual or apparent authority.\nconduct means an act or an omission to do an act.\nrepresentative, of a person—\n(a) means an employee or agent of the person; and\n(b) if the person is a body corporate—includes a director of the body\ncorporate.\n\nMiscellaneous Part 7\n","sortOrder":78},{"sectionNumber":"66","sectionType":"section","heading":"Protection of officials from liability","content":"66 Protection of officials from liability\n(1) In this section:\nofficial means—\n(a) the commissioner; or\n(b) a person who is exercising, or has exercised, a function under\nthis Act; or\n(c) a person who is, or has been, engaged in the administration of\nthis Act.\n(2) An official, or anyone engaging in conduct under the direction of an\nofficial, is not civilly liable for conduct engaged in honestly and\nwithout recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(3) Any liability that would, apart from this section, attach to an official\nattaches instead to the Territory.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n","sortOrder":79},{"sectionNumber":"67","sectionType":"section","heading":"Regulation-making power","content":"67 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may create offences and fix maximum penalties of not\nmore than 20 penalty units for the offences.\n\n","sortOrder":80},{"sectionNumber":"Part 8","sectionType":"part","heading":"Transitional—Housing and Consumer Affairs Legislation Amendment Act","content":"Part 8 Transitional—Housing and Consumer Affairs Legislation Amendment Act\nPart 8 Transitional—Housing and\nConsumer Affairs Legislation\nAmendment Act 2024\n","sortOrder":81},{"sectionNumber":"68","sectionType":"section","heading":"Definitions—pt 8","content":"68 Definitions—pt 8\ncivil penalty order means an order made by the Magistrates Court\nunder the pre-amendment Act, section 34M (3).\ncommencement day means the day the Housing and Consumer\nAffairs Legislation Amendment Act 2024, part 5 commences.\npre-amendment Act means this Act as in force immediately before\nthe commencement day.\n","sortOrder":82},{"sectionNumber":"69","sectionType":"section","heading":"Alleged contravention of civil penalty provision before","content":"69 Alleged contravention of civil penalty provision before\ncommencement day\n(1) This section applies if, before the commencement day—\n(a) a business was alleged to have contravened the civil penalty\nprovision; and\n(b) the commissioner had not applied for a civil penalty order in\nrelation to the alleged contravention under the pre-amendment\nAct, section 34M.\n(2) The commissioner may make the application not later than 6 years\nafter the alleged contravention.\n(3) If the commissioner makes the application, the application is to be\ndealt with as if the pre-amendment Act, division 5.1A applied in\nrelation to the application.\n(4) In this section:\ncivil penalty provision means the pre-amendment Act,\nsection 34F (3).\n\nTransitional—Housing and Consumer Affairs Legislation Amendment Act\n","sortOrder":83},{"sectionNumber":"70","sectionType":"section","heading":"Applications for civil penalty order not determined before","content":"70 Applications for civil penalty order not determined before\ncommencement day\n(1) This section applies if, before the commencement day—\n(a) the commissioner applied for a civil penalty order under the\npre-amendment Act, section 34M; and\n(b) the Magistrates Court had not determined the application.\n(2) The pre-amendment Act, division 5.1A continues to apply in relation\nto the application.\n","sortOrder":84},{"sectionNumber":"71","sectionType":"section","heading":"Expiry—pt 8","content":"71 Expiry—pt 8\nThis part expires 5 years after the commencement day.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• director-general (see s 163)\n• document\n• individual\n• interest\n• land\n• lawyer\n• Magistrates Court\n• Minister (see s 162)\n• National Credit Code\n• prescribed.\nacquire, for division 5.1A (Conciliation of consumer complaints)—\nadvisory committee means a committee established under section 28.\nannual percentage rate, for part 6 (Maximum annual percentage rate\nand disclosure)—see section 62.\napplication law, for part 2 (The Australian Consumer Law)—\napproved code, for part 3 (Codes of practice)—see section 21.\nAustralian Consumer Law, for part 2 (The Australian Consumer\nAustralian Consumer Law (ACT) means the provisions applying in\nthis jurisdiction because of section 7.\nAustralian Consumer Law text, for part 2 (The Australian Consumer\n\nbusiness—\n(a) for this Act, other than division 5.1A—see the Australian\nConsumer Law (ACT), section 2 (1); and\n(b) for division 5.1A (Conciliation of consumer complaints)—\nbusiness premises, for division 5.2 (Investigations)—see section 35.\ncode, for part 6 (Maximum annual percentage rate and disclosure)—\nsee section 62.\ncommissioner means the Commissioner for Fair Trading appointed\nunder section 32.\ncompulsory conciliation notice, for division 5.1A (Conciliation of\nconsumer complaints)—see section 34G.\nconciliation, for division 5.1A (Conciliation of consumer\ncomplaints)—see section 34C.\nconnected, for division 5.2 (Investigations)—see section 35.\nconsumer—\n(a) for this Act, other than division 5.1A—see the Australian\nConsumer Law (ACT), section 2 (1); and\n(b) for division 5.1A (Conciliation of consumer complaints)—\nconsumer complaint, for division 5.1A (Conciliation of consumer\ncomplaints)—see section 34B.\nconsumer legislation, for division 5.1A (Conciliation of consumer\ncomplaints)—see section 34B.\ncontract document, for part 6 (Maximum annual percentage rate and\ndisclosure)—see section 62.\ncourt includes any tribunal or person having authority under a law, or\nby consent of parties, to receive evidence.\n\ncredit, for part 6 (Maximum annual percentage rate and disclosure)—\nsee section 62.\ncredit contract, for part 6 (Maximum annual percentage rate and\ndisclosure)—see section 62.\ncredit fees and charges, for part 6 (Maximum annual percentage rate\nand disclosure)—see section 62.\nfair trading legislation means—\n(a) the Agents Act 2003; or\n(b) the Australian Consumer Law (ACT); or\n(c) the Eggs (Labelling and Sale) Act 2001; or\n(d) the Fair Trading (Australian Consumer Law) Act 1992; or\n(e) the Fair Trading (Motor Vehicle Repair Industry) Act 2010; or\n(f) the Liquor Act 2010; or\n(g) the Plastic Shopping Bags Ban Act 2010; or\n(h) the Retirement Villages Act 2012; or\n(i) the Security Industry Act 2003; or\n(j) the Traders (Licensing) Act 2016; or\n(k) the Working with Vulnerable People (Background Checking)\nAct 2011.\ngoods—see the Australian Consumer Law (ACT), section 2 (1).\nidentity card means an identity card issued to an investigator under\nsection 37.\ninstrument, for part 2 (The Australian Consumer Law)—\n\nIntergovernmental Agreement, for part 2 (The Australian Consumer\ninvestigation means an investigation under part 5.\ninvestigator means the commissioner or a person appointed under\nsection 36.\njurisdiction, for part 2 (The Australian Consumer Law)—\nlaw, in relation to a Territory, for part 2 (The Australian Consumer\nmodifications, for part 2 (The Australian Consumer Law)—\nmonth, for part 2 (The Australian Consumer Law)—see section 5 (1).\noccupier, of premises, for division 5.2 (Investigations)—\nsee section 35.\noffence, for division 5.2 (Investigations)—see section 35.\nother jurisdiction, for division 2.4 (Application of Australian\nConsumer Law to jurisdictions)—see section 14.\nparticipating jurisdiction—\n(a) for part 2 (The Australian Consumer Law)—see section 5 (1);\nand\n(b) for division 2.4 (Application of Australian Consumer Law to\njurisdictions)—see section 14.\nparty, for division 5.1A (Conciliation of consumer complaints)—\nservices—see the Australian Consumer Law (ACT), section 2 (1).\nState, for part 2 (The Australian Consumer Law)—see section 5 (1).\nsupplier—see the Australian Consumer Law (ACT), section 2 (1).\nsupply—see the Australian Consumer Law (ACT), section 2 (1).\n\nTerritory, for part 2 (The Australian Consumer Law)—\nthis jurisdiction, for part 2 (The Australian Consumer Law)—\nundertaking, for part 3 (Codes of practice)—see section 21.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nThe Fair Trading (Australian Consumer Law) Act 1992 was originally the Fair\nTrading Act 1992. It was renamed by the Fair Trading (Australian Consumer Law)\nAmendment Act 2010 A2010-54 (see amdt 1.2).\nFair Trading (Australian Consumer Law) Act 1992 A1992-72\nnotified 8 December 1992 (Gaz 1992 No S218)\ns 1, s 2 commenced 8 December 1992 (s 2 (1))\nremainder commenced 1 January 1993 (s 2 (2) and Gaz 1992\nNo S245)\nas amended by\nActs Revision (Position of Crown) Act 1993 A1993-44 sch 2\nnotified 27 August 1993 (Gaz 1993 No S165)\ncommenced 27 August 1993 (s 2)\nStatute Law Revision Act 1994 A1994-26 sch\nnotified 31 May 1994 (Gaz 1994 No S93)\ncommenced 31 May 1994 (s 2)\nFair Trading (Amendment) Act 1996 A1996-9\nnotified 10 April 1996 (Gaz 1996 No S59)\nss 1-3 commenced 10 April 1996 (s 2 (1))\nremainder commenced 10 May 1996 (s 2 (2) and Gaz 1996 No S85)\nLegal Practitioners (Consequential Amendments) Act 1997 A1997-96\nsch 1\nnotified 1 December 1997 (Gaz 1997 No S380)\ns 1, s 2 commenced 1 December 1997 (s 2 (1))\nsch 1 commenced 1 June 1998 (s 2 (2))\nStatute Law Revision (Penalties) Act 1998 A1998-54 sch\nnotified 27 November 1998 (Gaz 1998 No S207)\ns 1, s 2 commenced 27 November 1998 (s 2 (1))\nsch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)\nLaw Reform (Miscellaneous Provisions) Act 1999 A1999-66 sch 3\nnotified 10 November 1999 (Gaz 1999 No 45)\ncommenced 10 November 1999 (s 2)\n\nJustice and Community Safety Legislation Amendment Act 2000\n(No 3) A2000-17 sch 1\nnotified 1 June 2000 (Gaz 2000 No 22)\ncommenced 1 June 2000 (s 2)\nUtilities (Consequential Provisions) Act 2000 A2000-66 sch 1 pt 6\nnotified 20 December 2000 (Gaz 2000 No S68)\ns 1, s 2 commenced 20 December 2000 (IA s 10B)\nsch 1 pt 6 commenced 1 January 2001 (Gaz 2000 No S69)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 137\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 137 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nFair Trading Legislation Amendment Act 2001 A2001-77 pt 2\nnotified LR 14 September 2001\ns 1, s 2 commenced 14 September 2001 (LA s 75)\npt 2 commenced 14 March 2002 (LA s 79)\nFair Trading Amendment Act 2002 A2002-31\nnotified LR 9 September 2002\ns 1, s 2 commenced 9 September 2002 (LA s 75)\nremainder commenced 25 November 2002 (s 2)\nJustice and Community Safety Legislation Amendment Act 2003\nA2003-2 pt 4\nnotified LR 3 March 2003\ns 1, s 2 commenced 3 March 2003 (LA s 75 (1))\npt 4 commenced 31 March 2003 (s 2 (2))\nAgents Act 2003 A2003-20 s 204\nnotified LR 19 May 2003\ns 1, s 2 commenced 19 May 2003 (LA s 75 (1))\ns 204 commenced 1 November 2003 (s 2 and CN2003-12)\nCivil Law (Sale of Residential Property) Act 2003 A2003-40 sch 1\npt 1.2\nnotified LR 8 September 2003\ns 1, s 2 commenced 8 September 2003 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 July 2004 (s 2)\n\nJustice and Community Safety Legislation Amendment Act 2003\n(No 2) A2003-47 pt 5\nnotified LR 31 October 2003\ns 1, s 2 commenced 31 October 2003 (LA s 75 (1))\npt 5 commenced 1 November 2003 (s 2)\nJustice and Community Safety Legislation Amendment Act 2004\nA2004-18 pt 8\nnotified LR 6 April 2004\ns 1, s 2 commenced 6 April 2004 (LA s 75 (1))\npt 8 commenced 20 April 2004 (s 2)\nStatute Law Amendment Act 2005 A2005-20 sch 3 pt 3.21\nnotified LR 12 May 2005\ns 1, s 2 taken to have commenced 8 March 2005 (LA s 75 (2))\nsch 3 pt 3.21 commenced 2 June 2005 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2005\n(No 4) A2005-60 sch 1 pt 1.16\nnotified LR 1 December 2005\ns 1, s 2 taken to have commenced 23 November 2005 (LA s 75 (2))\nsch 1 pt 1.16 commenced 22 December 2005 (s 2 (4))\nStatute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.17\nnotified LR 6 December 2007\ns 1, s 2 commenced 6 December 2007 (LA s 75 (1))\nsch 3 pt 3.17 commenced 27 December 2007 (s 2)\nJustice and Community Safety Legislation Amendment Act 2008\nA2008-7 sch 1 pt 1.8\nnotified LR 16 April 2008\ns 1, s 2 commenced 16 April 2008 (LA s 75 (1))\nsch 1 pt 1.8 commenced 7 May 2008 (s 2)\nFirearms Amendment Act 2008 A2008-25 sch 2 pt 2.4\nnotified LR 15 July 2008\ns 1, s 2 commenced 15 July 2008 (LA s 75 (1))\nsch 2 pt 2.4 commenced 15 January 2009 (s 2 (1) and LA s 79)\n\nJustice and Community Safety Legislation Amendment Act 2009\n(No 3) A2009-44 sch 1 pt 1.9\nnotified LR 24 November 2009\ns 1, s 2 commenced 24 November 2009 (LA s 75 (1))\nsch 1 pt 1.9 commenced 22 December 2009 (s 2 (3))\nJustice and Community Safety Legislation Amendment Act 2010\n(No 3) A2010-40 sch 1 pt 1.4\nnotified LR 5 October 2010\ns 1, s 2 commenced 5 October 2010 (LA s 75 (1))\ns 3, sch 1 pt 1.4 commenced 6 October 2010 (s 2 (1))\nFair Trading (Australian Consumer Law) Amendment Act 2010\nA2010-54 sch 1\nnotified LR 16 December 2010\ns 1, s 2 commenced 16 December 2010 (LA s 75 (1))\namdt 1.42 commenced 1 July 2011 (s 2 (2) (a) and see\nPlastic Shopping Bags Ban Act 2010 A2010-49, s 2 (1))\nsch 1 remainder commenced 1 January 2011 (s 2 (1))\nas modified by\nFair Trading (Australian Consumer Law) (Transitional Provisions)\nRegulation 2011 SL2011-4 s 3\nnotified LR 17 February 2011\ns 1, s 2 commenced 17 February 2011 (LA s 75 (1))\ns 3 commenced 18 February 2011 (s 2)\nas amended by\nJustice and Community Safety Legislation Amendment Act 2011\nA2011-16 sch 1 pt 1.5\nnotified LR 17 May 2011\ns 1, s 2 commenced 17 May 2011 (LA s 75 (a))\nsch 1 pt 1.5 commenced 17 November 2011 (s 2 and LA s 79)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.65\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.65 commenced 1 July 2011 (s 2 (1))\n\nWorking with Vulnerable People (Background Checking) Act 2011\nA2011-44 s 72\nnotified LR 8 November 2011\ns 1, s 2 commenced 8 November 2011 (LA s 75 (1))\ns 72 commenced 8 November 2012 (s 2 (2))\nJustice and Community Safety Legislation Amendment Act 2011\n(No 3) A2011-49 sch 1 pt 1.3\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.3 commenced 23 November 2011 (s 2 (1))\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.19\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.19 commenced 5 June 2012 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2013\nA2013-7 sch 1 pt 1.4\nnotified LR 1 March 2013\ns 1, s 2 commenced 1 March 2013 (LA s 75 (1))\nsch 1 pt 1.4 commenced 4 March 2013 (s 2 and see\nRetirement Villages Act 2012 A2012-38, s 2 and LA s 79)\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.20\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.20 commenced 14 June 2013 (s 2)\nSmoke-Free Legislation Amendment Act 2016 A2016-20 sch 1 pt 1.2\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 August 2016 (s 2 and CN2016-13)\nTraders (Licensing) Act 2016 A2016-46 sch 2 pt 2.1\nnotified LR 22 August 2016\ns 1, s 2 commenced 22 August 2016 (LA s 75 (1))\nsch 2 pt 2.1 commenced 22 August 2017 (s 2)\n\nProstitution Amendment Act 2018 A2018-25 sch 1 pt 1.3\nnotified LR 8 August 2018\ns 1, s 2 commenced 8 August 2018 (LA s 75 (1))\nsch 1 pt 1.3 commenced 9 August 2018 (s 2)\nRed Tape Reduction Legislation Amendment Act 2018 A2018-33\nsch 1 pt 1.13\nnotified LR 25 September 2018\ns 1, s 2 commenced 25 September 2018 (LA s 75 (1))\nsch 1 pt 1.13 commenced 23 October 2018 (s 2 (4))\nJustice Legislation Amendment Act 2020 A2020-42 pt 15\nnotified LR 27 August 2020\ns 1, s 2 commenced 27 August 2020 (LA s 75 (1))\npt 15 commenced 27 August 2021 (s 2 (7))\nFair Trading and Other Justice Legislation Amendment Act 2022\nA2022-8 sch 1 pt 1.3\nnotified LR 11 May 2022\ns 1, s 2 commenced 11 May 2022 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 July 2022 (s 2 (2))\nHousing and Consumer Affairs Legislation Amendment Act 2024\nA2024-29 pt 5, sch 1 pt 1.4\nnotified LR 9 July 2024\ns 1, s 2 taken to have commenced 1 July 2024 (LA s 75 (2))\npt 5, sch 1 pt 1.4 commenced 16 July 2024 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2025\nA2025-2 pt 2\nnotified LR 20 February 2025\ns 1, s 2 taken to have commenced 20 February 2025 (LA s 75 (1))\npt 2 commenced 27 February 2025 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.73\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.73 commenced 16 December 2025 (s 2 (6))\n\nLong title\nlong title sub A2010-54 amdt 1.1\nName of Act\ns 1 sub A2010-54 amdt 1.2\ns 2 om R4 LRA\nins A2005-60 amdt 1.83\nam A2010-54 amdt 1.3\nNotes\ns 3 om R4 LRA\nins A2005-60 amdt 1.83\nOffences against Act—application of Criminal Code etc\ns 4 om A1993-44 sch 2\nins A2010-54 amdt 1.4\nThe Australian Consumer Law\npt 2 hdg sub A2010-54 amdt 1.6\nDefinitions\ndiv 2.1 hdg ins A2003-2 s 33\nDefinitions-pt 2\ns 5 hdg sub A2005-60 amdt 1.89\ns 5 defs reloc to dict A2005-60 amdt 1.87\nam A2005-60 amdt 1.88, amdt 1.89\nom A2010-54 amdt 1.5\ndef application law ins A2010-54 amdt 1.6\ndef Australian Consumer Law ins A2010-54 amdt 1.6\ndef Australian Consumer Law text ins A2010-54 amdt 1.6\ndef authority of the Territory om A1994-26 sch\ndef court om A2005-60 amdt 1.84\ndef director sub A1999-66 sch 3\nom A2000-17 sch 1\ndef document om A2005-60 amdt 1.84\ndef instrument ins A2010-54 amdt 1.6\ndef interest om A2005-60 amdt 1.84\ndef Intergovernmental Agreement ins A2010-54 amdt 1.6\ndef jurisdiction ins A2010-54 amdt 1.6\ndef law ins A2010-54 amdt 1.6\ndef modifications ins A2010-54 amdt 1.6\ndef month ins A2010-54 amdt 1.6\ndef participating jurisdiction ins A2010-54 amdt 1.6\n\ndef State ins A2010-54 amdt 1.6\ndef Territory ins A2010-54 amdt 1.6\ndef this jurisdiction ins A2010-54 amdt 1.6\ndiv 2.2 hdg ins A2003-2 s 34\nThe Australian Consumer Law text\ns 6 om A2010-54 amdt 1.5\ns 7 sub A2007-39 amdt 3.54\nom A2010-54 amdt 1.5\nFuture modifications of Australian Consumer Law text\ns 8 om A2010-54 amdt 1.5\nam A2024-29 amdt 1.10; A2025-29 amdt 4.73\nMeaning of generic terms in Australian Consumer Law for purposes of this\njurisdiction\ns 9 om A2010-54 amdt 1.5\nInterpretation of Australian Consumer Law\ns 10 om A2010-54 amdt 1.5\ns 11 sub A2010-54 amdt 1.6\nReferences to Australian Consumer Law\ndiv 2.3 hdg ins A2003-2 s 34\nReferences to Australian Consumer Law\ns 12 sub A2010-54 amdt 1.6\nReferences to Australian Consumer Law of other jurisdictions\ns 13 sub A2010-54 amdt 1.6\nApplication of Australian Consumer Law to jurisdictions\ndiv 2.4 hdg ins A2010-54 amdt 1.6\nDivision does not apply to Commonwealth\ns 14 am A2001-77 s 4, s 5\nApplication law of this jurisdiction\ns 15 sub A2010-54 amdt 1.6\n\nBids by seller\ns 15A reloc from Auctioneers Act 1959 s 16 by A2003-20 s 204\nom A2003-40 amdt 1.2\nApplication law of other jurisdictions\ns 16 sub A2010-54 amdt 1.6\nActivities that are not business\ns 17 sub A2010-54 amdt 1.6\nJurisdictions not liable to pecuniary penalty or prosecution\ns 18 sub A2010-54 amdt 1.6\nMiscellaneous\ndiv 2.5 hdg ins A2010-54 amdt 1.6\nConferral of functions and powers on certain bodies\ns 19 sub A2010-54 amdt 1.6\nNo doubling-up of liabilities\ns 20 sub A2010-54 amdt 1.6\nDefinitions for pt 3\ns 21 orig s 21\npres s 21\n(prev s 32)\nrenum as s 21 A2010-54 amdt 1.15\ndef approved code ins A2005-60 amdt 1.90\ndef code om A2005-60 amdt 1.90\nPreparation of draft codes of practice\ns 22 orig s 22\npres s 22\n(prev s 33) am A2000-17 sch 1; A2003-47 s 16; ss renum R9\nLA (see A2003-47 s 17); A2010-54 amdt 1.7, amdt 1.8\nrenum as s 22 A2010-54 amdt 1.15\nApproval of codes of practice\ns 23 orig s 23\npres s 23\n(prev s 34) am A2003-47 s 18, s 19\n(2), (3) exp 1 November 2005 (s 34 (3))\nsub A2005-60 amdt 1.92\n(6)-(8) exp 22 December 2006 (s 34 (8))\nam A2010-54 amdt 1.9\nrenum as s 23 A2010-54 amdt 1.15\n\nUndertakings following contravention of approved code\ns 24 hdg (prev s 36 hdg) sub A2005-60 amdt 1.96\ns 24 orig s 24\npres s 24\n(prev s 36) am A2000-17 sch 1; A2001-77 s 10; A2005-60\namdts 1.97-1.99; A2010-54 amdt 1.11, amdt 1.12\nrenum as s 24 A2010-54 amdt 1.15\nEnforcement of undertakings\ns 25 orig s 25\npres s 25\n(prev s 37) am A1998-54 sch; A2000-17 sch 1; A2005-60\namdt 1.100\nsub A2010-54 amdt 1.13\nrenum as s 25 A2010-54 amdt 1.15\nDefinitions—div 2.2\ns 25A ins A2003-2 s 34\ndef new participant ins A2003-2 s 34\ndef participant ins A2003-2 s 34\ndef participate ins A2003-2 s 34\ndef participation payment ins A2003-2 s 34\ndef payment ins A2003-2 s 34\ndef pyramid selling scheme ins A2003-2 s 34\ndef recruitment payment ins A2003-2 s 34\nPyramid selling schemes—participation prohibited\ns 25B ins A2003-2 s 34\nWhat is a pyramid selling scheme\ns 25C ins A2003-2 s 34\nam A2007-39 amdt 3.55\n\nMarketing schemes—are they pyramid selling schemes?\ns 25D ins A2003-2 s 34\nVariation or discharge of restraining order\ns 26 orig s 26\nam A1997-96 sch 1; A2007-39 amdt 3.56; A2008-25 amdt 2.8,\namdt 2.9\npres s 26\n(prev s 38) am A2000-17 sch 1\nrenum as s 26 A2010-54 amdt 1.15\nRegister of undertakings\ns 27 orig s 27\nom A2003-2 s 35\npres s 27\n(prev s 39) am A2000-17 sch 1\nsub A2010-54 amdt 1.14\nrenum as s 27 A2010-54 amdt 1.15\nAdvisory committees\npt 4 hdg sub A2010-54 amdt 1.16\nEstablishment of advisory committees\ns 28 am A2007-39 amdt 3.57\nCredit card contracts and increases in credit card limits\ns 28A ins A2002-31 s 5\nam A2010-40 amdt 1.5\nCash card use disclosure\ns 28B (prev s 28A) ins A1996-9 s 4\nrenum A2002-31 s 4\nAdvisory committee membership\ns 29 am A2007-39 amdt 3.58; A2008-7 amdt 1.48\nAdvisory committee—general procedure\ns 30 am A2007-39 amdt 3.59\n\nReimbursement of expenses for advisory committee members\ns 31 am A2007-39 amdts 3.60-3.62\nMaximum annual percentage rate and disclosure\npt 4A hdg renum as pt 6 hdg\nCommissioner for fair trading\npt 5 hdg orig pt 5 hdg\nom A2010-54 amdt 1.20\npres pt 5 hdg\nreloc from Fair Trading (Consumer Affairs) Act 1973 pt 3 hdg\nby A2010-54 amdt 2.26\nAdministration\ndiv 5.1 hdg reloc from Fair Trading (Consumer Affairs) Act 1973\ndiv 3.1 hdg by A2010-54 amdt 2.26\nCommissioner for fair trading\ns 32 orig s 32\nrenum as s 21\npres s 32\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 6 by\nam A2011-22 amdt 1.203\nPrescribed provisions\ns 32A ins A2001-77 s 6\nom A2005-60 amdt 1.91\nFunctions of commissioner\ns 33 orig s 33\nrenum as s 22\npres s 33\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 7 by\nam A2011-22 amdt 1.204; A2011-49 amdt 1.6; pars renum\nR26 LA\nDelegation by commissioner\ns 34 orig s 34\nrenum as s 23\npres s 34\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 8 by\nam A2011-16 amdt 1.14; A2013-19 amdt 3.155; A2016-20\namdt 1.2; A2016-46 amdt 2.1; A2018-25 amdt 1.3\nConciliation of consumer complaints\ndiv 5.1A hdg ins A2020-42 s 71\n\nPreliminary\nsdiv 5.1A.1 hdg ins A2020-42 s 71\nom A2024-29 s 32\nApplication—div 5.1A\ns 34A ins A2020-42 s 71\nDefinitions—div 5.1A\ns 34B ins A2020-42 s 71\ndef acquire ins A2020-42 s 71\ndef business ins A2020-42 s 71\ndef compulsory conciliation notice ins A2020-42 s 71\ndef consumer ins A2020-42 s 71\ndef consumer complaint ins A2020-42 s 71\ndef consumer legislation ins A2020-42 s 71\ndef party ins A2020-42 s 71\nMeaning of conciliation—div 5.1A\ns 34C ins A2020-42 s 71\nConciliation\nsdiv 5.1A.2 hdg ins A2020-42 s 71\nom A2024-29 s 32\nConciliation\ns 34D ins A2020-42 s 71\nParties to conciliation\ns 34E ins A2020-42 s 71\nAttendance at conciliation\ns 34F ins A2020-42 s 71\nsub A2024-29 s 33\nCompulsory conciliation notice\ns 34G ins A2020-42 s 71\nOffence—business not attending conciliation\ns 34GA ins A2024-29 s 34\nConduct of conciliation\ns 34H ins A2020-42 s 71\nConciliated agreements\ns 34I ins A2020-42 s 71\nEnd of conciliation\ns 34J ins A2020-42 s 71\nAdmissibility of evidence\ns 34K ins A2020-42 s 71\n\nCivil penalties—business failing to attend conciliation\nsdiv 5.1A.3 hdg ins A2020-42 s 71\nDefinitions—sdiv 5.1A.3\ns 34L ins A2020-42 s 71\ndef civil penalty order ins A2020-42 s 71\ndef civil penalty provision ins A2020-42 s 71\nCivil penalty orders\ns 34M ins A2020-42 s 71\nCivil enforcement of penalty\ns 34N ins A2020-42 s 71\nMultiple contraventions of civil penalty provision\ns 34O ins A2020-42 s 71\nProceedings may be heard together\ns 34P ins A2020-42 s 71\nCivil evidence and procedure rules for civil penalty orders\ns 34Q ins A2020-42 s 71\nCivil penalty provisions—no fault element\ns 34R ins A2020-42 s 71\nCivil penalty provisions—contravention by corporation representative\ns 34S ins A2020-42 s 71\nReasonable excuse—burden of proof\ns 34T ins A2020-42 s 71\n\nInvestigations\ndiv 5.2 hdg reloc from Fair Trading (Consumer Affairs) Act 1973\ndiv 3.2 hdg by A2010-54 amdt 2.26\nDefinitions for div 5.2\ns 35 hdg (prev s 35A hdg) am A2005-60 amdt 1.93\ns 35 orig s 35\nam A2000-17 s 3 sch 1; A2001-77 ss 7-9\nom A2005-60 amdt 1.92\nprev s 35\n(prev s 35A) ins A1999-66 sch 3\nam A2000-17 sch 1; A2005-60 amdt 1.94\nrenum as s 35 A2005-60 amdt 1.95\nom A2010-54 amdt 1.10\npres s 35\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 8A by\nEvidence of approved code\ns 35A renum as s 35\nInvestigators\ns 36 orig s 36\nrenum as s 24\npres s 36\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 9 by\nsub A2011-16 amdt 1.15\nam A2011-49 amdt 1.7\nIdentity cards\ns 37 orig s 37\nrenum as s 25\npres s 37\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 10 by\nPower not to be exercised before identity card shown\ns 38 orig s 38\nrenum as s 26\npres s 38\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 11 by\nGeneral power to enter premises\ns 39 orig s 39\nrenum as s 27\npres s 39\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 12 by\n\nConsent to entry\ns 40 om A2010-54 amdt 1.16\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 12A by\nWarrants\ns 41 am A1998-54 sch; A2004-18 s 24, s 25; ss renum R10 LA\n(see A2004-18 s 26)\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 12B by\nWarrants—application made other than in person\ns 42 am A2000-17 sch 1\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 12C by\nam A2018-33 amdt 1.23, amdt 1.24\nGeneral powers on entry to premises\ns 43 am A2000-17 sch 1\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 12D by\nInspection of records of agents\ns 44 am A2000-17 sch 1; A2008-7 amdt 1.49\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 12DA\nby A2010-54 amdt 2.26\nam A2022-8 amdt 1.5, amdt 1.6\nPower to seize evidence\ns 45 am A2000-17 sch 1; A2007-39 amdt 3.63\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 12E by\nReceipt for things seized\ns 46 om A2010-54 amdt 1.16\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 12F by\nAccess to things seized\ns 47 om A2010-54 amdt 1.16\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 12G by\n\nReturn of things seized\ns 48 sub A2008-7 amdt 1.50\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 12H by\nSelf-incrimination etc\ns 49 am A2001-77 ss 11-13\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 12I by\nDamage etc to be minimised\ns 50 am A1994-26 sch; A2000-17 sch 1\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 12M by\nCompensation\ns 51 am A1998-54 sch; A2000-17 sch 1; A2005-20 amdt 3.152;\nA2007-39 amdt 3.64\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 12N by\nPower of Magistrates Court for pt 4\ns 51AA ins A2003-47 s 20\nEnforcement of undertakings\ns 51A ins A2001-77 s 14\nSubstantiation of claims\ns 51B ins A2001-77 s 14\nDefinitions—pt 6\ns 51C renum as s 62\nMaximum annual percentage rate\ns 51D renum as s 63\nDisclosure of cost of credit\ns 51E renum as s 64\n\nInvestigator may require giving of information and producing of documents\ns 52 om A2010-54 amdt 1.20\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 13 by\nCopying of documents produced under s 52\ns 53 om A2010-54 amdt 1.20\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 14 by\nSecrecy\ns 54 sub A2001-44 amdt 1.1582\nom A2010-54 amdt 1.20\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 15 by\nCommissioner may begin or defend legal proceeding on behalf of consumer\ns 55 reloc from Fair Trading (Consumer Affairs) Act 1973 s 16 by\nCommissioner must obtain consent in relation to proceeding\ns 56 reloc from Fair Trading (Consumer Affairs) Act 1973 s 16A by\nConduct of proceeding by commissioner\ns 57 reloc from Fair Trading (Consumer Affairs) Act 1973 s 16B by\nCourt’s powers\ns 58 reloc from Fair Trading (Consumer Affairs) Act 1973 s 16C by\nRecovery of money other than costs\ns 59 reloc from Fair Trading (Consumer Affairs) Act 1973 s 16D by\nCosts\ns 60 reloc from Fair Trading (Consumer Affairs) Act 1973 s 16E by\nCommissioner not personally liable\ns 61 reloc from Fair Trading (Consumer Affairs) Act 1973 s 16F by\nMaximum annual percentage rate and disclosure\npt 6 hdg (prev pt 4A hdg) ins A2009-44 amdt 1.23\nrenum as pt 6 hdg A2010-54 amdt 1.17\n\nDefinitions—pt 6\ns 62 (prev s 51C) ins A2009-44 amdt 1.23\nrenum as s 62 A2010-54 amdt 1.19\ndef annual percentage rate ins A2009-44 amdt 1.23\ndef code ins A2009-44 amdt 1.23\nom A2010-40 amdt 1.6\nins A2010-54 amdt 1.18\ndef contract document ins A2009-44 amdt 1.23\ndef credit ins A2009-44 amdt 1.23\ndef credit contract ins A2009-44 amdt 1.23\ndef credit fees and charges ins A2009-44 amdt 1.23\nMaximum annual percentage rate\ns 63 (prev s 51D) ins A2009-44 amdt 1.23\nam A2010-40 amdt 1.7\nrenum as s 63 A2010-54 amdt 1.19\nDisclosure of cost of credit\ns 64 (prev s 51E) ins A2009-44 amdt 1.23\nam A2010-40 amdts 1.8-1.11\nrenum as s 64 A2010-54 amdt 1.19\nMiscellaneous\npt 7 hdg ins A2010-54 amdt 1.20\nCertificate evidence\ns 65 ins A2010-54 amdt 1.20\nConduct by representatives\ns 65A ins A2025-2 s 4\nProtection of officials from liability\ns 66 ins A2010-54 amdt 1.20\nRegulation-making power\ns 67 ins A2010-54 amdt 1.20\nTransitional—Housing and Consumer Affairs Legislation\nAmendment Act 2024\npt 8 hdg ins A2024-29 s 36\n\nDefinitions—pt 8\ns 68 ins A2024-29 s 36\nAlleged contravention of civil penalty provision before commencement day\ns 69 ins A2024-29 s 36\nApplications for civil penalty order not determined before commencement\nday\ns 70 ins A2024-29 s 36\nExpiry—pt 8\ns 71 ins A2024-29 s 36\nAustralian consumer law transitional provisions\nsch 1 hdg ins A2010-54 amdt 1.21\nDefinitions—sch 1\ns 1.1 ins A2010-54 amdt 1.21\ndef commencement day ins A2010-54 amdt 1.20\ndef repealed Acts ins A2010-54 amdt 1.20\nTransitional—reference to a repealed Act\ns 1.2 ins A2010-54 amdt 1.21\nTransitional—advisory committees\ns 1.3 ins A2010-54 amdt 1.21\nTransitional—dict, def fair trading legislation\ns 1.3A ins as mod SL2011-4 s 3\nmod lapsed on repeal of SL2011-4 (12 April 2012)\ns 1.4 ins A2010-54 amdt 1.21\nExpiry—sch 1\ns 1.5 ins A2010-54 amdt 1.21\n\nTrade measurement transitional provisions\nsch 2 hdg reloc from Fair Trading (Consumer Affairs) Act 1973 sch 2 hdg\nDefinitions—sch 2\ns 2.1 ins A2010-13 amdt 1.23\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 2.1 by\ndef commencement day ins A2010-13 amdt 1.23\ndef Commonwealth law ins A2010-13 amdt 1.23\ndef continuing matter ins A2010-13 amdt 1.23\ndef National Measurement Institute ins A2010-13 amdt 1.23\ndef repealed Acts ins A2010-13 amdt 1.23\ndef repealed Administration Act ins A2010-13 amdt 1.23\ndef repealed Principal Act ins A2010-13 amdt 1.23\nTransitional—application of repealed Acts to continuing matters\ns 2.2 ins A2010-13 amdt 1.23\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 2.2 by\n\nTransitional—disciplinary actions\ns 2.3 ins A2010-13 amdt 1.23\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 3.1 by\nTransitional—reviews\ns 2.4 ins A2010-13 amdt 1.23\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 2.4 by\nTransitional—seized property\ns 2.5 ins A2010-13 amdt 1.23\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 2.5 by\nTransitional—unpaid fees\ns 2.6 ins A2010-13 amdt 1.23\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 2.6 by\nTransitional—search warrants\ns 2.7 ins A2010-13 amdt 1.23\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 2.7 by\nTransitional—disclosure of information\ns 2.8 ins A2010-13 amdt 1.23\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 2.8 by\nTransitional—reference to a repealed Act\ns 2.9 ins A2010-13 amdt 1.23\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 2.9 by\ns 2.10 ins A2010-13 amdt 1.23\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 2.10 by\n\nExpiry—sch 2\ns 2.11 ins A2010-13 amdt 1.23\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 2.11 by\nConsumer credit transitional provisions\nsch 3 hdg ins A2010-40 amdt 1.18\nreloc from Fair Trading (Consumer Affairs) Act 1973 sch 3 hdg\nDefinitions—sch 3\ns 3.1 ins A2010-40 amdt 1.18\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 3.1 by\ndef ASIC ins A2010-40 amdt 1.18\nsub A2012-21 amdt 3.74\ndef national credit legislation ins A2010-40 amdt 1.18\ndef repealed credit legislation ins A2010-40 amdt 1.18\nTransitional—financial counselling trust fund\ns 3.2 ins A2010-40 amdt 1.18\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 3.2 by\nTransitional—provision of information and assistance to ASIC\ns 3.3 ins A2010-40 amdt 1.18\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 3.3 by\nTransitional—ASIC has particular functions\ns 3.4 ins A2010-40 amdt 1.18\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 3.4 by\n\nTransitional—reference to repealed legislation\ns 3.5 ins A2010-40 amdt 1.18\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 3.5 by\nTransitional—pre-credit code contracts\ns 3.6 ins A2010-40 amdt 1.18\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 3.6 by\nTransitional—finance broking commissions\ns 3.7 ins A2010-40 amdt 1.18\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 3.7 by\nexp 1 January 2011 (s 3.7 (2) (LA s 88 declaration applies))\ns 3.8 ins A2010-40 amdt 1.18\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 3.8 by\nExpiry—sch 3\ns 3.9 ins A2010-40 amdt 1.18\nreloc from Fair Trading (Consumer Affairs) Act 1973 s 3.9 by\ndict ins A2005-60 amdt 1.101\nam A2009-44 amdt 1.24; A2010-40 amdt 1.12, amdt 1.13;\nA2010-54 amdt 1.22, amdt 1.23; A2011-22 amdt 1.205;\nA2020-42 s 72; A2025-2 s 5\ndef acquire reloc from s 5 A2005-60 amdt 1.87\nam A2007-39 amdt 3.65\nom A2010-54 amdt 1.24\nins A2020-42 s 73\ndef advisory committee ins A2010-54 amdt 1.25\ndef annual percentage rate ins A2009-44 amdt 1.25\nsub A2010-54 amdt 1.26\ndef application law ins A2010-54 amdt 1.27\ndef approved code ins A2005-60 amdt 1.101\ndef arrive at reloc from s 5 A2005-60 amdt 1.87\nom A2010-54 amdt 1.28\ndef Australian Consumer Law ins A2010-54 amdt 1.29\ndef Australian Consumer Law (ACT) ins A2010-54\namdt 1.29\n\ndef Australian Consumer Law text ins A2010-54 amdt 1.29\ndef business reloc from s 5 A2005-60 amdt 1.87\nsub A2010-54 amdt 1.30; A2020-42 s 74\ndef business premises ins A2010-54 amdt 1.31\ndef civil penalty order ins A2020-42 s 75\nom A2024-29 s 37\ndef civil penalty provision ins A2020-42 s 75\nom A2024-29 s 37\ndef code ins A2009-44 amdt 1.25\nsub A2010-40 amdt 1.14; A2010-54 amdt 1.32\ndef commissioner ins A2000-17 sch 1\nsub A2010-54 amdt 1.33\ndef compulsory conciliation notice ins A2020-42 s 75\ndef conciliation ins A2020-42 s 75\ndef conduct ins A2005-60 amdt 1.101\nom A2010-54 amdt 1.34\ndef connected ins A2010-54 amdt 1.35\ndef consumer ins A2005-60 amdt 1.101\nsub A2010-54 amdt 1.36; A2020-42 s 76\ndef consumer complaint ins A2020-42 s 77\ndef consumer legislation ins A2020-42 s 77\ndef contract document ins A2009-44 amdt 1.25\nsub A2010-54 amdt 1.36\ndef court ins A2010-54 amdt 1.37\ndef covenant reloc from s 5 A2005-60 amdt 1.87\nam A2007-39 amdt 3.66\nom A2010-54 amdt 1.38\ndef credit ins A2009-44 amdt 1.25\ndef credit contract ins A2009-44 amdt 1.25\ndef credit fees and charges ins A2009-44 amdt 1.25\ndef disposal ins A2007-39 amdt 3.67\nom A2010-54 amdt 1.40\ndef engaging ins A2005-60 amdt 1.101\nom A2010-54 amdt 1.40\ndef fair trading legislation ins A2010-54 amdt 1.41\nam A2010-54 amdt 1.42; pars renum R24 LA; A2011-16\namdt 1.16; pars renum R25 LA; A2011-44 s 72; pars\nrenum R29 LA; am A2013-7 amdt 1.8; pars renum R30\nLA; A2016-46 amdt 2.2; pars renum R35 LA\ndef goods reloc from s 5 A2005-60 amdt 1.87\nsub A2010-54 amdt 1.43\ndef identity card ins A2010-54 amdt 1.44\ndef instrument ins A2010-54 amdt 1.44\n\ndef Intergovernmental Agreement ins A2010-54 amdt 1.44\ndef investigation ins A2010-54 amdt 1.44\ndef investigator ins A2010-54 amdt 1.44\nsub A2011-16 amdt 1.17\ndef involved ins A2005-60 amdt 1.101\nom A2010-54 amdt 1.45\ndef jurisdiction ins A2010-54 amdt 1.46\ndef law ins A2010-54 amdt 1.46\ndef modifications ins A2010-54 amdt 1.46\ndef month ins A2010-54 amdt 1.46\ndef new participant ins A2005-60 amdt 1.101\nom A2010-54 amdt 1.47\ndef occupier ins A2010-54 amdt 1.48\ndef offence ins A2010-54 amdt 1.48\ndef offering ins A2005-60 amdt 1.101\nom A2010-54 amdt 1.49\ndef other jurisdiction ins A2010-54 amdt 1.50\ndef participant ins A2005-60 amdt 1.101\nom A2010-54 amdt 1.51\ndef participate ins A2005-60 amdt 1.101\nom A2010-54 amdt 1.51\ndef participating jurisdiction ins A2010-54 amdt 1.52\ndef participation payment ins A2005-60 amdt 1.101\ndef party ins A2020-42 s 77\ndef payment ins A2005-60 amdt 1.101\ndef price reloc from s 5 A2005-60 amdt 1.87\ndef provision reloc from s 5 A2005-60 amdt 1.87\ndef published reloc from s 5 A2005-60 amdt 1.87\ndef pyramid selling scheme ins A2005-60 amdt 1.101\ndef recruitment payment ins A2005-60 amdt 1.101\ndef refusing ins A2005-60 amdt 1.101\ndef require reloc from s 5 A2005-60 amdt 1.87\ndef resupply ins A2007-39 amdt 3.67\ndef send sub A2005-60 amdt 1.85\n\ndef services am A2000-66 sch 1 pt 6\nam A2007-39 amdt 3.68, amdt 3.69\nsub A2010-54 amdt 1.54\ndef share reloc from s 5 A2005-60 amdt 1.87\nom A2010-54 amdt 1.55\ndef State ins A2010-54 amdt 1.56\ndef statement reloc from s 5 A2005-60 amdt 1.87\nom A2010-54 amdt 1.57\ndef supplier ins A2010-54 amdt 1.58\ndef supply am A2005-60 amdt 1.86\nam A2007-39 amdt 3.70\nsub A2010-54 amdt 1.59\ndef Territory ins A2010-54 amdt 1.60\ndef this jurisdiction ins A2010-54 amdt 1.60\ndef trade or commerce reloc from s 5 A2005-60 amdt 1.87\ndef undertaking ins A2005-60 amdt 1.101\ndef unsolicited goods reloc from s 5 A2005-60 amdt 1.87\ndef unsolicited services reloc from s 5 A2005-60 amdt 1.87\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication No Amendments to Republication date\n1 A1993-44 31 January 1994\n2 A1997-96 1 June 1998\n3 A1998-54 31 March 1999\n4 A2000-17 31 July 2000\n5 A2001-77 14 September 2001\n5 (RI) A2001-77 ‡ 11 August 2003\n6 A2001-77 14 March 2002\n6 (RI) A2001-77 ‡ 11 August 2003\n7 A2002-31 25 November 2002\n7 (RI) A2002-31 ‡ 11 August 2003\n8 A2003-2 31 March 2003\n8 (RI) A2003-2 ‡ 11 August 2003\n9 A2003-47 1 November 2003\n10 A2004-18 20 April 2004\n11 A2004-18 1 July 2004\n12* A2005-20 2 June 2005\n13 A2005-20 2 November 2005\n14 A2005-60 22 December 2005\n15 A2005-60 23 December 2006\n16 A2007-39 27 December 2007\n17 A2008-7 7 May 2008\n18 A2008-25 15 January 2009\n\n5 Earlier republications\nRepublication No Amendments to Republication date\n19 A2009-44 22 December 2009\n20 A2010-40 6 October 2010\n21 (RI) †† A2010-54 15 July 2013\n22 (RI) †† A2010-54 15 July 2013\n23 (RI) †† A2010-54 15 July 2013\n24 (RI) †† A2011-22 15 July 2013\n25 (RI) †† A2011-22 15 July 2013\n26 (RI) †† A2011-49 15 July 2013\n27 (RI) †† A2011-49 15 July 2013\n28 (RI) †† A2012-21 15 July 2013\n29 (RI) †† A2012-21 15 July 2013\n30 (RI) †† A2013-7 15 July 2013\n31 (RI) †† A2013-19 15 July 2013\n32 (RI) †† A2013-19 15 July 2013\n33 A2013-19 2 January 2014\n34 A2016-20 1 August 2016\n35 A2016-46 22 August 2017\n36 A2018-25 9 August 2018\n37 A2018-33 23 October 2018\n38 A2020-42 27 August 2021\n39 A2022-8 1 July 2022\n40 A2024-29 16 July 2024\n41 A2025-2 27 February 2025\n‡ includes textual correction in s 37 (1)\n†† reissue for textual correction (dictionary)\n\nExpired transitional or validating provisions 6\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":85}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has changed substantially from its original form as a local \"Fair Trading Act\" into the instrument that applies the Commonwealth Australian Consumer Law as the ACT's consumer law (see ss 6–7 and the legislation history in the endnotes). Over time the Act was amended to: adopt the ACL text and related regulations (s 6); expand investigatory and enforcement provisions (div. 5.2, ss 35–54); create a statutory conciliation scheme for low‑value consumer complaints (div. 5.1A, ss 34A–34K); provide a mechanism for codes of practice and undertakings (pt 3, ss 22–27); and add maximum APR and disclosure provisions for credit contracts (pt 6, ss 62–64). The endnotes and amendment history record the renaming and major amendments (Fair Trading (Australian Consumer Law) Amendment Act 2010 and subsequent Acts) that effected this change. These amendments broadened the Act’s scope from an ACT‑only fair trading regime to a vehicle that implements and operates the national consumer law text within the Territory, while adding Territory‑specific enforcement and procedure mechanisms."},"complexity_factors":["Incorporation by reference of a sizable Commonwealth text (the ACL) rather than reproducing it, producing ongoing dependence on external amendments (ss 6–8).","Cross‑jurisdictional application and binding interactions between participating jurisdictions (ss 5, 11, 15–16) that create interaction effects and potential conflicts.","Broad investigatory powers (appointment of investigators, entry, seizure, warrants, notices to produce) with detailed procedural safeguards and criminal penalties for non‑compliance (div. 5.2, ss 36–46, 52–54).","Administrative discretion concentrated in the commissioner for investigations, conciliation and litigation decisions (ss 33, 34D, 55–57), increasing interpretation and enforcement complexity.","Multiple enforcement pathways (conciliation, undertakings, court orders, criminal offences, civil penalties and forfeiture) with separate procedures and remedies (pt 3; div. 5.1A; div. 5.2).","Regulation‑making powers that can change substantive outcomes (eg maximum APR, excluded Commonwealth modifications) creating contingent legal effects (ss 63; 67; s 8).","Overlap of criminal, civil and administrative law rules (eg Evidence Act exclusion for conciliation, Criminal Code application to offences) requiring cross‑reference to other statutes (s 4; s 34K).","Detailed definitions and historical amendment history recorded in endnotes, indicating many relocations and insertions that complicate reading and legislative context (dictionary; endnotes)."],"plain_english_summary":"# What this Act does (plain English)\n\n- Mechanically, the Act makes the Australian Consumer Law (the ACL) — the text at Schedule 2 to the Competition and Consumer Act 2010 and its regulations — operate as the consumer law of the Australian Capital Territory (the ACT) (see ss 6–7). The ACL as it applies in the ACT is referred to in the Act as the \"Australian Consumer Law (ACT)\" (s 5(1); s 7).\n\n- Who it affects: people and entities carrying on business in the ACT, bodies corporate incorporated or registered in the ACT, people ordinarily resident in the ACT and others connected with the ACT (s 11). The Act also reaches conduct partly or fully outside the ACT where the connection exists (s 11(2)). Participating jurisdictions (States and Territories that have applied the ACL) and their laws are defined and linked by reference to the Intergovernmental Agreement (s 5).\n\n- Key institutional and procedural changes:\n  - The Commissioner for Fair Trading is the ACT official responsible for complaints, investigations, guidance and enforcement activities under this Act (ss 32–33). The commissioner can delegate functions to public servants (s 34).\n  - The commissioner may conciliate consumer complaints of up to $5,000 (div. 5.1A, ss 34A–34K). The commissioner can issue a compulsory conciliation notice requiring a business to attend; failure to attend without a reasonable excuse is an offence (s 34G; offence s 34GA).\n  - Investigators may be appointed with identity cards and powers to enter premises (with consent, when premises are open to the public, during business hours for business premises, or under warrant), inspect, copy, test and in some circumstances seize goods and documents (div. 5.2, ss 36–46, 52–53). Non‑compliance with a notice to produce documents is an offence (s 52(2)). Seized items must be returned or compensation paid unless a prosecution results or forfeiture is ordered (ss 48–49).\n  - The commissioner may begin or defend legal proceedings on behalf of consumers subject to written consents from the consumer and the Minister (ss 55–56). Costs orders against the consumer are paid by the commissioner or the Territory in specified circumstances (s 60). Recovery of money (other than costs) recovered in proceedings is paid to the consumer (s 59).\n  - The Act allows the Minister and commissioner to develop codes of practice for particular supplier‑consumer relationships; approved codes become disallowable instruments and breaches can lead to requests for undertakings and court enforcement (pt 3, ss 22–27).\n  - Regulations may prescribe a maximum annual percentage rate (APR) for credit contracts and require disclosure rules for cost of credit (pt 6, ss 62–64). The Act treats a prescribed rate as if it were prescribed by the National Credit Code (s 63(3)).\n\n- Explicit cross‑jurisdiction mechanisms and limits:\n  - The Act treats the ACL text as applying in the ACT but allows regulations to exclude future Commonwealth modifications from immediate application (s 8). Generic terms in the ACL are adapted for the ACT context (s 9). Application laws of other participating jurisdictions can bind the ACT in certain circumstances where the ACT carries on business (ss 15–16). Jurisdictions are not exposed to pecuniary penalties or prosecution by the application law (s 18).\n\n- Why this matters (claimed purpose, then practical implications):\n  - The Act states its purpose in effect by applying the ACL as the ACT consumer law (long title; ss 6–7). That creates a single, nationally consistent consumer law text to govern unfair practices, product safety, misleading conduct, consumer guarantees and related matters in the ACT.\n  - Practical implications and trade‑offs:\n    - Compliance burden: businesses operating in the ACT must follow the ACL obligations and may be required to attend conciliation, produce documents, submit to inspections and face seizure or court action (ss 11, 34F, 39–46, 52). These create administrative and legal costs for suppliers and service providers.\n    - Enforcement incentives and discretion: the commissioner has broad discretion to accept complaints, investigate, conciliate, refer matters and commence proceedings (ss 33, 34D, 55). That concentrates decision authority in an administrative office and may lead to variable enforcement intensity depending on resourcing and policies.\n    - Effects on private choices and contracts: the Act enables the Territory to limit the effective interest and chargeable amounts in credit contracts by regulation (s 63) and to require more inclusive disclosure of interest charges (s 64). Where a maximum APR is prescribed, contracts are void to the extent they impose prohibited monetary liabilities (s 63(3)). That changes the legal boundary of permissible credit pricing and contract drafting.\n    - Market‑level effects: adopting the ACL text aligns ACT law with the national standard (ss 6–7; s 12 on references), which reduces legal fragmentation for businesses operating across jurisdictions but also means Commonwealth ACL changes automatically affect ACT law unless excluded by regulation (s 8). Consistent rules can reduce compliance costs for multi‑jurisdiction businesses but may raise transitional complexity when modifications occur.\n    - Concentration of benefits vs diffuse costs: enforcement (investigations, conciliation outcomes, consumer proceedings) gives identifiable benefits to affected consumers, while compliance costs fall on businesses; the Act creates mechanisms (codes, undertakings, civil and criminal penalties) that can yield concentrated regulatory impacts on specific industries (pt 3; ss 22–27).\n    - Risk areas and substitution effects: the Act allows codes of practice to be proposed and, if industry groups present codes, the commissioner may submit them to the Minister (s 22(5)). That procedure invites negotiated, industry‑specific regulation which may produce industry influence over normative rules; businesses may also change organisational arrangements or conduct across borders to avoid particular obligations where the Act’s extra‑territorial reach is limited (s 11(2); ss 15–17).\n    - Implementation risks: because the Act imports Commonwealth text by reference (ss 6–7) and allows selective exclusion of future Commonwealth modifications (s 8), there is an implementation dependency on Commonwealth legislative timing and on use of Territory regulations to exclude or adopt changes — this can create temporary misalignment between federal and Territory practice.\n\n- Who pays, who decides, and what behaviour changes (concise):\n  - Who pays: businesses and suppliers bear compliance costs, fines and penalties for contraventions (e.g. s 52(2) offence penalties; s 25(5) breach of court order 50 penalty units). The Territory bears costs of legal proceedings conducted by the commissioner, and pays compensation or costs ordered against the commissioner or officials in certain circumstances (ss 60–61; s 66). Seized property must be returned or compensation paid if prosecutions do not proceed within 90 days (s 48).\n  - Who decides: the Minister approves codes (s 23) and consents to commissioner litigation in some cases (s 56); the commissioner exercises operational enforcement and conciliation functions (ss 33; 34D); magistrates issue warrants and hear enforcement matters (ss 41–42; ss 25–26); courts and tribunals (including ACAT as defined) hear proceedings under the ACL as applied in the ACT (ss 9; 11).\n  - Behaviour changes expected: businesses will need to keep required records, respond to investigator notices, attend conciliation when lawfully required (ss 52; 34G–34GA), design contracts to meet disclosure and APR rules (pt 6), and may alter commercial practices to avoid enforcement risks (ss 11; 63).\n\n- Concrete statutory references for the main mechanics: adoption of the ACL (ss 6–7); definitions and scope (s 5; s 11); commissioner powers and functions (ss 32–34, 55–61); conciliation framework (div. 5.1A, ss 34A–34K); investigator powers (div. 5.2, ss 36–46, 52–54); codes of practice (pt 3, ss 22–27); APR and disclosure (pt 6, ss 62–64); interjurisdictional rules and limits (ss 8, 15–18); enforcement and penalties (various: ss 25(5), 34GA, 52(2), 67).\n\nThis summary refers only to the Act’s text and the sections cited above and does not assess policy desirability. It surfaces the mechanical changes, who bears costs, where discretion resides, the principal compliance points for businesses and the statutory trade‑offs the text creates (for example, national consistency vs timing and regulatory alignment; enforcement discretion vs predictable private ordering)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2354},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"Originally enacted in 1992 as a standalone Fair Trading Act for the ACT, the legislation was fundamentally restructured in 2010 to become an 'application statute' for the national Australian Consumer Law (ACL). Its primary purpose shifted from being a self-contained local consumer protection statute to a vehicle for importing and applying the Commonwealth ACL as ACT law. While it retains ACT-specific enforcement mechanisms (Commissioner investigations, compulsory conciliation, credit disclosure), its core substantive content now derives from the national scheme, significantly altering its original scope from purely local regulation to national harmonisation with local enforcement."},"complexity_factors":["Incorporation by reference of the entire *Australian Consumer Law* text (Schedule 2 of the Commonwealth *Competition and Consumer Act 2010*), meaning the Act's operative provisions are largely contained in external legislation.","Approximately 45 defined terms in the Dictionary (pages 52–56), with some terms (e.g., 'consumer', 'business') having dual definitions depending on which Part of the Act applies.","Extensive cross-referencing to Commonwealth legislation including the *Acts Interpretation Act 1901*, *Criminal Code*, and *National Credit Code*.","Nested conditional logic in investigation powers (Division 5.2), distinguishing between entry with consent, without consent, with warrants, and remote warrant applications, each triggering different procedural safeguards.","Multiple layers of exceptions in evidentiary and secrecy provisions (e.g., section 54 on secrecy contains exceptions for court proceedings, public functions, and with consent).","Complex interaction with other jurisdictions' laws (Part 2, Division 2.4) regarding 'application laws', double jeopardy protections, and immunities for government entities.","Transitional provisions (Part 8 and three Schedules) preserving old legislative regimes for specific time periods and circumstances."],"plain_english_summary":"This Act is the ACT's main law for protecting consumers and ensuring businesses trade fairly. It does three big things:\n\n**1. Imports the National Consumer Law**\nThe Act brings the *Australian Consumer Law* (ACL) — which is a national scheme in the Commonwealth *Competition and Consumer Act 2010* — into force as ACT law. This means the same consumer guarantees, protections against misleading conduct, and unfair contract terms that apply across Australia also apply in the ACT, enforced through local courts and tribunals (the ACAT).\n\n**2. Gives Powers to the Commissioner for Fair Trading**\nThe Act creates the office of the Commissioner, who acts as the local \"consumer cop.\" The Commissioner can:\n*   **Conciliate small disputes**: For consumer complaints worth up to $5,000, the Commissioner can force businesses to attend a meeting (conciliation) to try to resolve the issue without going to court. It is an offence for a business to ignore a notice to attend.\n*   **Investigate**: Investigators can enter business premises (with consent or a warrant), seize evidence, copy documents, and require people to answer questions or hand over records.\n*   **Take court action**: With the consumer's consent, the Commissioner can sue a dodgy trader on behalf of a consumer.\n\n**3. Industry Codes and Credit Rules**\n*   **Codes of Practice**: The Minister can approve industry-specific codes (e.g., for motor vehicle repairers or second-hand dealers) that set rules above the minimum legal standard. The Commissioner can enforce these through court orders.\n*   **Credit**: The Act allows regulations to set a maximum interest rate for credit contracts and requires clear disclosure of credit costs.\n\n**Who it affects**: Anyone carrying on business in the ACT, anyone living in the ACT who buys goods or services, and the Commissioner and their investigators.\n\n**Why it matters**: It ensures ACT consumers have the same rights as other Australians, provides a low-cost way to resolve small disputes, and gives authorities real teeth (fines, seizures, court orders) to stop unfair trading."}},"importantCases":[],"_links":{"self":"/api/acts/fair-trading-australian-consumer-law-act-1992","history":"/api/acts/fair-trading-australian-consumer-law-act-1992/history","analysis":"/api/acts/fair-trading-australian-consumer-law-act-1992/analysis","conflicts":"/api/acts/fair-trading-australian-consumer-law-act-1992/conflicts","importantCases":"/api/acts/fair-trading-australian-consumer-law-act-1992/important-cases","documents":"/api/acts/fair-trading-australian-consumer-law-act-1992/documents"}}