Australian Consumer Law and Fair Trading Act 2012

226 Orders against persons found to have contravened Australian Consumer Law (Victoria) 217

Chapter 9—Miscellaneous 218

227 Application of Australian Consumer Law (Victoria) in respect of bills and receipts under Legal Profession Uniform Law (Victoria) 218

228 Public warning statements 218

229 Complaints etc. are privileged 218

230 Disapplication of certain provisions to Australian Consumer Law (Victoria) 219

231 Supreme Court—Limitation of jurisdiction 219

232 Regulations 219

Chapter 10—Repeals, savings, transitionals and consequential amendments 222

233 Repeal of Fair Trading Act 1999 222

234 Repeal of Disposal of Uncollected Goods Act 1961 222

236 Repeal of Landlord and Tenant Act 1958 222

237 Savings and transitional provisions 222

238 Closure of the Consumer Credit Fund 222

Schedules 223

Schedule 1—Consumer Acts 223

Schedule 2 224

Schedule 3 225

Schedule 4—Savings and transitional provisions 226

Schedule 5—Closure of the Consumer Credit Fund 237

═══════════════

Endnotes 239

1 General information 239

2 Table of Amendments 242

3 Explanatory details 247

Version No. 038

No. 21 of 2012

Version incorporating amendments as at

The Parliament of Victoria enacts:

Chapter 1—Preliminary

1 Purposes

The main purposes of this Act are—

(a) to promote and encourage fair trading practices and a competitive and fair market;

(b) to protect consumers;

(c) to regulate trade practices;

(d) to provide for codes of practice;

(e) to provide for the powers and functions of the Director of Consumer Affairs Victoria including powers to conciliate disputes under this Act and powers to carry out investigations into alleged breaches of this Act;

(f) to promote uniformity with the consumer laws of other jurisdictions through the interpretation and application of the Australian Consumer Law in Victoria consistently with those laws;

(g) to regulate certain businesses;

(h) to repeal and re-enact with amendments the Fair Trading Act 1999;

(i) to repeal the Disposal of Uncollected Goods Act 1961, the Carriers and Innkeepers Act 1958 and the Landlord and Tenant Act 1958;

(j) to amend the Credit (Administration) Act 1984 to close the Consumer Credit Fund and transfer any funds to the Victorian Consumer Law Fund.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 December 2012, it comes into operation on that day.

3 Definitions

(1) In this Act—

accommodation means a room or other area at an accommodation place that contains sleeping facilities;

accommodation place means any place that provides accommodation for use by members of the travelling public as part of a commercial transaction, but does not include accommodation in or on something that is being used, or is ordinarily used, as means of transportation;

Accommodation places include backpacker hostels, bed and breakfast providers, hotels, motels, resorts, serviced apartments and similar facilities.

accommodation provider means a person who operates a business that includes providing accommodation;

Authority means the Business Licensing Authority established under the Business Licensing Authority Act 1998;

bailment includes bailment for reward, bailment in the course of business, gratuitous bailment, involuntary bailment and any sub‑bailment;

business day, in relation to an introduction agent, means a day on which the introduction agent is open for business;

business licensing Act has the same meaning as in the Business Licensing Authority Act 1998;

commercial transaction includes an arrangement under which accommodation is provided without charge if the arrangement is commercial in nature;

Consumer Act means—

(a) an Act listed in Schedule 1; or

(b) Part 4 of the Veterans Act 2005;

consumer debt means any debt that is incurred by a natural person wholly or predominately in connection with personal, domestic or household purposes;

contract of supply includes an agreement to supply;

court—

(a) in Part 3.1, in relation to any legal proceeding, includes VCAT and a person acting judicially;

(b) in Part 3.2, in relation to any matter, means the court or arbitrator by or before whom the matter falls to be determined;

(c) in Part 4.2, means any court of competent jurisdiction and includes VCAT;

See section 223 for the meaning of court in the Australian Consumer Law (Victoria).

credit report means any written, oral, or other communication with respect to the credit worthiness, credit standing, or credit capacity of a person but does not include a report containing information solely as to transactions or communications between the person making the report and the person who is the subject of the report;

credit reporting agent means a person who engages in the practice of providing credit reports to any other person, whether for profit or reward or on a regular co-operative basis;

dealer means a person by whom or on whose behalf any antecedent negotiations are conducted but does not include the supplier or an agent of the supplier acting with the authority of the supplier;

debt, in Part 4.1, includes an alleged debt;

Director means the person who, for the time being, is employed as Director of Consumer Affairs Victoria under the Public Administration Act 2004;

discharge, in Chapter 3, in relation to a contract of supply of goods or services, means discharge of the contract so far as it is executory;

discharged contract means a contract to which Part 3.2 applies;

disposal costs means the costs incurred by the receiver for the disposal of goods under Part 4.2;

enforcement expenses has the same meaning as it has in the National Credit Code;

engage in debt collection means to perform any of the following for remuneration or reward—

(a) to find, or repossess, for another person any goods or chattels that the other person is entitled to repossess under an agreement or goods mortgage;

(b) to collect, attempt to collect, or request payment of, debts owed to another person;

fault means negligence or another act or omission giving rise to a liability;

the Fund means the Victorian Consumer Law Fund referred to in section 134(1);

guest means a person to whom, or for whom, accommodation is provided by an accommodation provider during a period of accommodation, but does not include—

(a) a person who is at the accommodation place merely to obtain beverages or food or to visit someone else; or

(b) a person who usually lives at the accommodation place;

S. 3(1) def. of high value amended by No. 57/2013 s. 6.

high value, for goods, means the goods are of a value more than or equal to—

(a) in the case of a motor vehicle, $1000 or, if another value is prescribed by the regulations, that other value; or

(b) in any other case, $5000 or, if another value is prescribed by the regulations, that other value;

hire-purchase agreement includes—

(a) a letting of goods with an option to purchase; and

(b) an agreement for the purchase of goods by instalments (whether that agreement describes the instalments as rent or hire or otherwise);

but does not include any agreement—

(c) by which the property in the goods in the agreement passes at the time of the agreement or on or at any time before the delivery of the goods; or

(d) under which the person by whom the goods are being hired or purchased is a person who is engaged in the trade or business of selling goods of the same nature or description as the goods comprised in the agreement; or

(e) that is a regulated contract within the meaning of the Credit Act 1984; or

(f) that is a credit contract within the meaning of the National Credit Code;

innkeeper's liability means innkeeper's liability under the common law but only in relation to the strict liability imposed on an innkeeper for failing to safeguard the property of the innkeeper's guests that is brought to the innkeeper's inn;

innkeeper's lien means the common law right allowing an innkeeper—

(a) to take possession of the property of the innkeeper's guests that is brought to the innkeeper's inn; and

(b) to keep the property until the innkeeper receives payment for accommodation, beverages, food and other services provided to the guest;

innocent misrepresentation, in Part 3.1, in relation to a contract of supply of goods or services means misrepresentation that is not fraudulent;

inspector means a person appointed as an inspector under section 142;

introduction agent has the meaning given by section 81;

introduction agreement means an agreement to provide an introduction service;

introduction service has the meaning given by section 82;

S. 3(1) def. of licence amended by Nos 16/2014 s. 5, 26/2019 s. 135, 7/2022 s. 52, 6/2025 s. 83(1).

licence, in Division 3 of Part 6.2, means—

(a) a licence issued or granted under—

(i) the Conveyancers Act 2006; or

(ii) the Estate Agents Act 1980; or

(iii) the Motor Car Traders Act 1986; or

(b) a person who is a registered agent's representative within the meaning of section 4(1) of the Estate Agents Act 1980; or

(c) a right to participate in a customer service capacity in the business of a motor car trader within the meaning of the Motor Car Traders Act 1986; or

(e) a registration or endorsement of registration under the Second-Hand Dealers and Pawnbrokers Act 1989; or

(f) a registration as a professional engineer under the Professional Engineers Registration Act 2019;

licence suspension period, in relation to a licence in Division 3 of Part 6.2, means the period—

(a) commencing on the date of service of the notice in relation to the licence under section 120; and

(b) ending on—

(i) the lapsing of the suspension of the licence under section 122; or

(ii) the date of an order referred to in section 122(2) relating to the suspension of the licence;

licensee, in relation to a licence in Division 3 of Part 6.2, means the person who is the holder of the licence;

loss, in Part 5.2, includes damage or destruction;

low value, for goods, means the goods are of a value less than—

(a) in the case of a motor vehicle, $1000 or, if another value is prescribed by the regulations, that other value; or

(b) in any other case, $200 or, if another value is prescribed by the regulations, that other value;

medium value, for goods other than motor vehicles, means the goods are—

(a) of a value equal to or more than $200 or, if another value is prescribed by the regulations, that other value; and

(b) less than $5000 or, if another value is prescribed by the regulations, that other value;

S. 3(1) def. of member of the police force repealed by No. 37/2014 s. 10(Sch. item 6.1(b)).

motor vehicle, in Part 4.2, has the same meaning as it has in the Road Safety Act 1986;

National Credit Code has the same meaning as in the National Consumer Credit Protection Act 2009 of the Commonwealth;

non-party order means an order referred to in section 135(1);

occupier, in relation to a premises, means a person who appears to be of or over 16 years of age and who appears to be in control of the premises;

officer—

(a) in relation to a body corporate which is a corporation within the meaning of the Corporations Act, has the same meaning as officer of a corporation has in section 9 of that Act; and

(b) in relation to a body corporate which is not a corporation within the meaning of that Act, means any person (by whatever name called) who is concerned in or takes part in the management of the body corporate or an employee of the body corporate;

owner, in Part 4.2, in relation to a motor vehicle, means the registered operator within the meaning of the Road Safety Act 1986;

period of accommodation means the period of time during which a guest is entitled to use accommodation in an accommodation place;

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 6.1(a)).

police officer has the same meaning as in the Victoria Police Act 2013;

post box means post office box, document exchange, mail collection agency or mail forwarding agency;

private residence includes any part of the allotment on which the private residence is situated;

prohibited person means a person who is prohibited from engaging in debt collection under section 47(1) and who does not hold a current permission given by the Authority under section 49;

property of a guest means the property brought to the accommodation place or its precincts by or for the guest, but does not include—

(a) a motor vehicle brought to the accommodation or its precincts by or for the guest, or other things owned by the guest left in or on the motor vehicle; or

(b) property taken from the accommodation or its precincts by or for the guest;

provide, in Part 5.2, includes offering to provide;

provider, in Part 4.2, means the person who gives possession of goods under a bailment (whether or not the person is the owner of the goods);

public auction, in Part 4.2, includes an auction conducted on the Internet;

public holiday has the same meaning as in the Public Holidays Act 1993;

publicly registered interest, in Part 4.2, means an interest in goods that is recorded—

(a) in the register within the meaning of the Personal Property Securities Act 2009 of the Commonwealth if the goods are described by serial number in that register; or

(b) in any register prescribed by the regulations;

receiver, in Part 4.2, means the person who takes possession of goods under a bailment;

Registrar, in Part 4.2, means the Registrar appointed under section 4 of the Unclaimed Money Act 2008;

related body corporate has the same meaning as in the Corporations Act;

relevant charge has the meaning given by
section 55;

rescission, in Part 3.1, in relation to a contract of supply of goods or services means avoidance of the contract as from its beginning;

safekeeping service means a service provided at an accommodation place where property of guests is deposited with the accommodation provider for safekeeping, but does not include a safe facility located in a unit of accommodation;

Secretary means the Secretary to the Department of Justice;

time of discharge, in Part 3.2, in relation to any contract, means the time at which—

(a) performance of the contract becomes impossible; or

(b) the contract is otherwise frustrated; or

(c) the contract is avoided by the operation of section 12 of the Goods Act 1958;

uncollected goods has the meaning given by section 54;

workplace includes any land used in conjunction with a workplace for the purposes of the workplace.

(2) Without limiting subsection (1), unless the contrary intention appears the words and expressions used in this Act have the same meanings as they have in the Australian Consumer Law (Victoria).

4 Crown bound

Subject to section 19, this Act binds the Crown not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

5 Extra-territorial application of this Act

(1) This Act applies within and outside Victoria.

(2) This Act applies outside Victoria to the full extent of the extra-territorial legislative power of the Parliament.

(3) Without limiting subsection (1) or (2), this Act applies to—

(a) the engaging in conduct in Victoria by persons outside Victoria;

(b) the engaging in conduct outside Victoria by persons in Victoria;

(c) a supply of goods or services in Victoria where the contract for the supply of goods or services is made in Victoria;

(d) in a case where a contract for the supply of goods or services is made outside Victoria, to the supply of those goods or services to—

(i) a person normally resident in Victoria;

(ii) a body corporate whose principal place of business is in Victoria.

Chapter 2—The Australian Consumer Law

Part 2.1—Definitions

6 Definitions

(1) In this Chapter, unless the contrary intention appears—

application law means—

(a) the law of a participating jurisdiction that applies the Australian Consumer Law, either with or without modifications, as a law of the participating jurisdiction; or

(b) any regulations or other legislative instrument made under a law described in paragraph (a); or

(c) the Australian Consumer Law, applying as a law of the participating jurisdiction, either with or without modifications;

Australian Consumer Law means (according to the context)—

(a) the Australian Consumer Law text; or

(b) the Australian Consumer Law text, applying as a law of a participating jurisdiction, either with or without modifications;

Australian Consumer Law text means the text described in section 7;

S. 6(1) def. of instrument amended by No. 6/2018 s. 68(Sch. 2 item 10.1).

instrument means any document whatever, including the following—

(a) an Act or an instrument made under an Act;

(b) a law of this jurisdiction or an instrument made under such a law;

(c) an award or other industrial determination or order, or an industrial agreement;

(d) any other order (whether executive, judicial or otherwise);

(e) a notice, certificate or licence;

(f) an agreement;

(g) an application made, information or complaint laid, affidavit sworn or affirmed, or warrant issued, for any purpose;

(h) an indictment, presentment, summons or writ;

(i) any other pleading in, or process issued in connection with, a legal or other proceeding;

S. 6(1) def. of Intergovern-mental Agreement amended by No. 1/2021 s. 6.

Intergovernmental Agreement means the Intergovernmental Agreement for the Australian Consumer Law between the Commonwealth, the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania, the Australian Capital Territory and the Northern Territory of Australia, as in force from time to time;

jurisdiction means a State or the Commonwealth;

law, in relation to a Territory, means a law of, or in force in, that Territory;

modifications includes additions, omissions and substitutions;

month means a period commencing at the beginning of a day of one of the 12 months of the year and ending immediately before the beginning of the corresponding day of the next month or, if there is no such corresponding day, ending at the expiration of the next month;

participating jurisdiction means a jurisdiction that is a party to the Intergovernmental Agreement and applies the Australian Consumer Law as a law of the jurisdiction, either with or without modifications;

State includes a Territory;

Territory means the Australian Capital Territory or the Northern Territory of Australia;

this jurisdiction means Victoria.

(2) Terms used in this Chapter and also in the Australian Consumer Law (Victoria) have the same meanings in this Chapter as they have in that Law.

(3) For the purposes of this Chapter—

(a) a jurisdiction is taken to have applied the Australian Consumer Law as a law of the jurisdiction if a law of the jurisdiction substantially corresponds to the provisions of the Australian Consumer Law text, as in force from time to time; and

(b) that corresponding law is taken to be the Australian Consumer Law, or the Australian Consumer Law text, applying as a law of that jurisdiction.

Part 2.2—Application of Australian Consumer Law

7 The Australian Consumer Law text

The Australian Consumer Law text consists of—

(a) Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth; and

(b) the regulations under section 139G of that Act.

8 Application of Australian Consumer Law

(1) The Australian Consumer Law text, as in force from time to time—

(a) applies as a law of this jurisdiction; and

(b) as so applying may be referred to as the Australian Consumer Law (Victoria); and

(c) as so applying is a part of this Act.

(2) This section has effect subject to sections 9, 10 and 11.

9 Future modifications of Australian Consumer Law text

(1) A modification made by a Commonwealth law to the Australian Consumer Law text after the commencement of this section does not apply under section 8, if the modification is declared by Order of the Governor in Council published in the Government Gazette to be excluded from the operation of that section.

(2) An Order under subsection (1) has effect only if published before the end of 2 months after the date of the modification.

(3) Subsection (1) ceases to apply to the modification if a further Order so provides.

(4) For the purposes of this section, the date of the modification is the date on which the Commonwealth Act effecting the modification receives the Royal Assent or the regulation effecting the modification is registered under the Legislative Instruments Act 2003 of the Commonwealth.

10 Meaning of generic terms in Australian Consumer Law for purposes of this jurisdiction

(1) In the Australian Consumer Law (Victoria), regulator means the Director.

(2) For the purposes of the application of the Australian Consumer Law (Victoria), court has the meaning given in section 223 of this Act.

11 Interpretation of Australian Consumer Law

(1) The Acts Interpretation Act 1901 of the Commonwealth applies as a law of this jurisdiction to the Australian Consumer Law (Victoria).

(2) For the purposes of subsection (1), the Commonwealth Act mentioned in that subsection applies as if—

(a) the statutory provisions in the Australian Consumer Law (Victoria) were a Commonwealth Act; and

(b) the regulations in the Australian Consumer Law (Victoria) or instruments under that Law were regulations or instruments under a Commonwealth Act.

(3) The Interpretation of Legislation Act 1984 does not apply to—

(a) the Australian Consumer Law (Victoria); or

(b) any instrument under that Law.

12 Application of Australian Consumer Law

(1) The Australian Consumer Law (Victoria) applies to and in relation to—

(a) persons carrying on business within this jurisdiction; or

(b) bodies corporate incorporated or registered under the law of this jurisdiction; or

(c) persons ordinarily resident in this jurisdiction; or

(d) persons otherwise connected with this jurisdiction.

(2) Subject to subsection (1), the Australian Consumer Law (Victoria) extends to conduct, and other acts, matters or things, occurring or existing outside or partly outside this jurisdiction (whether within or outside Australia).

S. 12A inserted by No. 57/2013 s. 7.

12A Certain instruments are not legislative instruments under Subordinate Legislation Act 1994

The following instruments made under the Australian Consumer Law (Victoria) are not legislative instruments for the purposes of the Subordinate Legislation Act 1994—

(a) a safety standard published under section 104(1);

(b) a safety standard declared under section 105(1);

(c) an interim ban on consumer goods published under section 109(1);

(d) an interim ban on product related services published under section 109(2);

(e) a notice of extension of an interim ban period under section 111(2);

(f) a notice of extension of an interim ban period under section 111(4);

(g) a notice of further extension of an interim ban period under section 111(6);

(h) a notice of revocation of an interim ban published under section 113;

(i) a permanent ban on consumer goods published under section 114(1);

(j) a permanent ban on product related services published under section 114(2);

(k) a notice of revocation of a permanent ban published under section 117;

(l) a recall notice published under section 122(1);

(m) an information standard published under section 134(1);

(n) an information standard declared under section 135(1).

Part 2.3—References to Australian Consumer Law

13 References to Australian Consumer Law

(1) A reference in any instrument to the Australian Consumer Law is a reference to the Australian Consumer Law of any or all of the participating jurisdictions.

(2) Subsection (1) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires.

14 References to Australian Consumer Law of other jurisdictions

(1) This section has effect for the purposes of an Act, a law of this jurisdiction or an instrument under an Act or such a law.

(2) If a law of a participating jurisdiction other than this jurisdiction provides that the Australian Consumer Law text as in force for the time being applies as a law of that jurisdiction, the Australian Consumer Law of that jurisdiction is the Australian Consumer Law text, applying as a law of that jurisdiction.

Part 2.4—Application of Australian Consumer Law to Crown

15 Part does not apply to Commonwealth

In this Part, participating jurisdiction or other jurisdiction does not include the Commonwealth.

16 Application law of this jurisdiction

The application law of this jurisdiction binds (so far as the legislative power of Parliament permits) the Crown in right of this jurisdiction and of each other jurisdiction, so far as the Crown carries on a business, either directly or by an authority of the jurisdiction concerned.

17 Application law of other jurisdictions

(1) The application law of each participating jurisdiction other than this jurisdiction binds the Crown in right of this jurisdiction, so far as the Crown carries on a business, either directly or by an authority of this jurisdiction.

(2) If, because of this Chapter, a provision of the law of another participating jurisdiction binds the Crown in right of this jurisdiction, the Crown in that right is subject to that provision despite any prerogative right or privilege.

18 Activities that are not business

(1) For the purposes of sections 16 and 17, the following do not amount to carrying on a business—

(a) imposing or collecting—

(i) taxes; or

(ii) levies; or

(iii) fees for authorisations;

(b) granting, refusing to grant, revoking, suspending or varying authorisations (whether or not they are subject to conditions);

(c) a transaction involving—

(i) only persons who are all acting for the Crown in the same right (and none of whom is an authority of a State); or

(ii) only persons who are all acting for the same authority of a State; or

(iii) only the Crown in right of a State and one or more non-commercial authorities of that State; or

(iv) only non-commercial authorities of the same State;

(d) the acquisition of primary products by a government body under legislation, unless the acquisition occurs because—

(i) the body chooses to acquire the products; or

(ii) the body has not exercised a discretion that it has under the legislation that would allow it not to acquire the products.

(2) Subjection (1) does not limit the things that do not amount to carrying on a business for the purposes of sections 16 and 17.

acquisition of primary products by a government body under legislation includes vesting of ownership of primary products in a government body by legislation;

authorisation means a licence, permit, certificate or other authorisation that allows the holder of the authorisation to supply goods or services;

government body means a State or an authority of a State;

primary products means—

(a) agricultural or horticultural produce; or

(b) crops, whether on or attached to the land or not; or

(c) animals (whether dead or alive); or

(d) the bodily produce (including natural increase) of animals.

(4) For the purposes of this section, an authority of a State is non-commercial if—

(a) it is constituted by only one person; and

(b) it is neither a trading corporation nor a financial corporation.

19 Crown not liable to pecuniary penalty or prosecution

(1) Nothing in the application law of this jurisdiction makes the Crown in any capacity liable to a pecuniary penalty or to be prosecuted for an offence.

(2) Without limiting subsection (1), nothing in the application law of a participating jurisdiction makes the Crown in right of this jurisdiction liable to a pecuniary penalty or to be prosecuted for an offence.

(3) The protection in subsection (1) or (2) does not apply to an authority of any jurisdiction.

Part 2.5—Miscellaneous

20 Conferral of functions and powers on certain bodies

(1) The authorities and officers of the Commonwealth referred to in the Australian Consumer Law (Victoria) have the functions and powers conferred or expressed to be conferred on them under the Australian Consumer Law (Victoria).

(2) In addition to the powers mentioned in subsection (1), the authorities and officers referred to in that subsection have power to do all things necessary or convenient to be done in connection with the performance of the functions and exercise of the powers referred to in that subsection.

(3) The Commonwealth Minister who has the functions and powers conferred or expressed to be conferred on him or her under the Australian Consumer Law (Victoria) is not a public authority for the purposes of section 38 of the Charter of Human Rights and Responsibilities Act 2006.

21 No doubling-up of liabilities

(1) If—

(a) an act or omission is an offence against the Australian Consumer Law (Victoria) and is also an offence against an application law of another participating jurisdiction; and

(b) the offender has been punished for the offence under the application law of the other jurisdiction—

the offender is not liable to be punished for the offence against the Australian Consumer Law (Victoria).

(2) If a person has been ordered to pay a pecuniary penalty under the application law of another participating jurisdiction, the person is not liable to pay a pecuniary penalty under the Australian Consumer Law (Victoria) in respect of the same conduct.

Chapter 3—Contracts

Part 3.1—Implied conditions and warranties in certain contracts of supply

Division 1—Supply of goods or services

22 Limitation of liability in relation to supply of recreational services

(1) Subject to subsection (2), a term of a contract of supply of recreational services is not void under section 64 of the Australian Consumer Law (Victoria) by reason only that the term excludes, restricts or modifies, or has the effect of excluding, restricting or modifying—

(a) the application of any or all of the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) to the supply of the recreational services under the contract; or

(b) the exercise of a right conferred by the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) in relation to the supply of the recreational services under the contract; or

(c) any liability of the supplier for a failure to comply with a guarantee under that Subdivision in relation to the supply of the recreational services under the contract.

(2) Subsection (1) only applies if—

(a) the contract of supply of recreational services was entered into on or after 1 June 2004; and

(b) the exclusion, restriction or modification contained in the term is limited to liability for death or personal injury; and

(c) the term—

(i) contains the prescribed particulars (if any) and is in the prescribed form (if any); or

(ii) is specified, or is of a class of term specified, in an Order made under section 23; and

(d) if there is a prescribed form for the term, the supplier has not made a false or misleading statement as to a material particular in or in relation to the term; and

(e) the term was brought to the attention of the purchaser prior to the supply of the recreational services.

(3) Despite subsection (1), a person is not entitled to rely on a term of a contract in relation to the supply of recreational services which complies with subsection (2) if—

(a) the person has done or omitted to do something in relation to the supply of those recreational services that but for
subsection (1) would—

(i) be an act or omission to which all or any of the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) would apply; or

(ii) give rise to the exercise of a right conferred by all or any of the provisions of Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria); or

(iii) constitute a failure to comply with a guarantee that applies under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria); and

(b) the act or omission was done or omitted to be done with reckless disregard, with or without consciousness, for the consequences of the act or omission.

disease includes any physical or mental ailment, disorder, defect or morbid condition, whether of sudden onset or gradual development and whether of genetic or other origin;

injury means any physical or mental injury;

personal injury means—

(a) an injury of a natural person (including the aggravation, acceleration or recurrence of an injury of the individual); or

(b) the contraction, aggravation, acceleration or recurrence of a disease of a natural person; or

(c) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to a natural person that is or may be harmful or disadvantageous to, or result in harm or disadvantage to—

(i) the person; or

(ii) the community;

recreational services means services that consist of participation in—

(a) a sporting activity or a similar leisure‑time pursuit; or

(b) any other activity that—

(i) involves a significant degree of physical exertion or physical risk; and

(ii) is undertaken for the purposes of recreation, enjoyment or leisure.

(5) The definition of injury in subsection (4) does not, by implication, affect the meaning of the expression injury when used in a provision of this Act other than this section.

23 Exemption from waiver form requirement

S. 23(1) amended by No. 1/2021 s. 7.

(1) The Governor in Council, on the recommendation of the Minister, may, by Order published in the Government Gazette, provide that a specified term of a contract of supply of recreational services, or a class of such term, does not need to comply with the requirements of section 22(2)(c)(i).

(2) The Governor in Council may make an Order under this section subject to any conditions the Governor in Council thinks fit and specifies in the Order.

(3) An Order under this section has effect according to its terms.

(4) The Governor in Council, on the recommendation of the Minister, may, by Order published in the Government Gazette, vary or revoke an Order made under this section.

(5) An Order made under this section ceases to have effect on—

(a) the expiry of the anniversary of the date the Order was published in the Government Gazette; or

(b) if an earlier expiry date is specified in the Order, the earlier date.

(6) On or before the 6th sitting day after an Order under this section is published in the Government Gazette, the Minister must ensure that a copy of the Order is laid before each House of the Parliament.

(7) A failure to comply with subsection (6) does not affect the operation or effect of the Order but the Scrutiny of Acts and Regulations Committee of the Parliament may report the failure to each House of Parliament.

(8) An Order may be disallowed in whole or in part by either House of Parliament.

(9) Part 5 of the Subordinate Legislation Act 1994 applies to an Order as if—

(a) a reference in that Part to a "statutory rule" were a reference to the Order; and

(b) a reference in section 23(1)(c) of that Part to "section 15(1)" were a reference to subsection (6) of this section.

24 Rescission for innocent misrepresentation

(1) If a purchaser enters into a contract of supply of goods after an innocent misrepresentation is made to the purchaser and, if the misrepresentation had been fraudulent, the purchaser would have been entitled to rescind the contract by reason of the misrepresentation, the purchaser may rescind the contract by notice given to the supplier before, or within a reasonable period after—

(a) in the case of a contract of supply by way of lease, delivery of the goods; and

(b) in any other case, acceptance of the goods.

(2) Subsection (1) applies whether or not the misrepresentation has become a term of the contract.

25 Discharge or rescission of contract of supply of goods

(1) This section applies if a purchaser—

(a) discharges a contract of supply of goods by reason of repudiation or breach of condition by the supplier; or

(b) in accordance with section 24(1) rescinds a contract of supply of goods after an innocent representation is made.

(2) If the goods have been delivered to the purchaser and have not been returned to the supplier, the purchaser must return the goods to the supplier or permit the supplier to take possession of the goods.

(3) The purchaser is liable to the supplier for loss or damage caused to the goods—

(a) by the purchaser wilfully or by the purchaser's negligence while the goods are in the purchaser's possession during a period of 21 days after discharging or rescinding the contract; and

(b) by the purchaser wilfully while the goods are in the purchaser's possession after the expiration of a period of 21 days after discharging or rescinding the contract.

(4) If the property in the goods passed to the purchaser before the discharge or the rescission, the property re-vests in the supplier.

(5) The supplier is liable to the purchaser for money paid and for the value of any other consideration paid or provided under the contract by the purchaser to the supplier.

(6) If—

(a) the purchaser used the goods before the discharge or rescission; and

(b) the supplier acted honestly and reasonably in supplying the goods—

the court may, if it is satisfied that, in all the circumstances, it is just and convenient to do so, allow the supplier to recover from the purchaser an amount equal to the whole or any part of the fair value to the purchaser of the purchaser's use of the goods.

26 When does a discharge or rescission have effect?

(1) If a purchaser purports to discharge or rescind a contract of supply of goods, the purported discharge or rescission has effect only if—

(a) the supplier is aware that the purchaser treats the contract as at an end, whether by reason of the return of the goods to the supplier or by reason of any other information which comes to the knowledge of the supplier; or

(b) if the purchaser is unable, due to the conduct or omission of the supplier, after taking reasonable steps, to inform the supplier or to cause the supplier to become aware that the purchaser treats the contract as at an end—

(i) the purchaser treats the contract as at an end; and

(ii) by the purchaser's conduct, shows unequivocally that the purchaser treats the contract as at an end.

(2) This section does not apply to a rejection under the Australian Consumer Law (Victoria).

27 Liability of supplier and person conducting antecedent negotiations

(1) In a contract of supply of goods or services, a representation made to the purchaser in the course of any antecedent negotiations by a dealer or by a person acting on behalf of the supplier (otherwise than as an agent of the supplier acting with the authority of the supplier) confers on the purchaser—

(a) as against the supplier, the same right to rescind the contract and the same right of action in damages as the purchaser would have had if the representation had been made by an agent of the supplier acting with the authority of the supplier; and

(b) as against the person by whom the representation was made, the same right of action in damages as the purchaser would have had if the purchaser had purchased the goods or services from that person; and

(c) if the antecedent negotiations were conducted on behalf of another person, as against that other person the same right of action in damages as the purchaser would have had if the purchaser had purchased the goods or services from that other person.

(2) In a contract of supply of goods or services, a warranty given to the purchaser in the course of any antecedent negotiations by a dealer or
by a person acting on behalf of the supplier (otherwise than as an agent of the supplier acting with the authority of the supplier) confers on the purchaser—

(a) as against the person by whom the warranty was given, the same right of action in damages as the purchaser would have had if—

(i) the warranty had been given in consideration of the purchaser purchasing the goods or services from that person; and

(ii) the purchaser had purchased the goods or services from that person; and

(b) if the antecedent negotiations were conducted on behalf of a dealer, as against the dealer the same right of action in damages as the purchaser would have had if—

(i) the warranty had been given in consideration of the purchaser purchasing the goods or services from the dealer; and

(ii) the purchaser had purchased the goods or services from the dealer.

(3) For the purposes of subsections (1) and (2) it is immaterial whether or not the goods or services supplied to the purchaser were purchased by the supplier from a dealer by whom or on whose behalf any antecedent negotiations were conducted.

(4) Nothing in this section prevents a statement being both a representation and a warranty.

(5) Nothing in this section confers on a purchaser an entitlement to an amount of damages arising from a representation or a warranty exceeding the amount of the loss suffered by the purchaser.

28 Indemnity for supplier or dealer

(1) Without prejudice to any other rights or remedies to which a supplier may be entitled, a supplier is entitled to be indemnified—

(a) by a person by whom any antecedent negotiations were conducted who made a representation or gave a warranty; and

(b) by a dealer on whose behalf any antecedent negotiations were conducted by another person who made a representation or gave a warranty—

against any damage suffered by the supplier by reason of the operation of section 27.

(2) Without prejudice to any other rights or remedies to which a dealer may be entitled, a dealer is entitled to be indemnified by a person who conducted any antecedent negotiations on behalf of the dealer and made a representation or gave a warranty against any damage suffered by the dealer by reason of the operation of section 27.

29 Certain contracts or provisions void

A contract of supply of goods or services or a provision in or that relates to a contract of supply of goods or services is void if that contract or provision—

(a) purports to have the effect of excluding, restricting or modifying the provisions of section 27 or 28; or

(b) purports to have the effect of precluding a right of action or a defence based on or arising out of a representation or a warranty referred to in section 27(1) or (2).

30 Penalty for including void provision relating to antecedent negotiations

A supplier or a person by whom or on whose behalf any antecedent negotiations are conducted must not include or permit to be included in a contract of supply of goods or services a provision that by reason of section 29 is void.

Penalty: 60 penalty units, in the case of a natural person;

120 penalty units, in the case of a body corporate.

Division 2—General

31 Application of Goods Act 1958 to contracts of supply

(1) Sections 17, 18, 19(a) and (b) and 20 of the Goods Act 1958 do not apply to contracts of supply to which Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) applies.

(2) Section 4(2) of the Goods Act 1958 is taken to apply in relation to this Part and Division 1 of Part 3-2 of the Australian Consumer Law (Victoria) as if—

(a) the reference to Part were a reference to Part 3-2 of the Australian Consumer Law (Victoria); and

(b) the reference to contracts for the sale of goods included a reference to contracts of supply of goods.

(3) A reference in Part I of the Goods Act 1958 to a condition includes a reference to a guarantee within the meaning of Division 1 of Part 3-2 of the Australian Consumer Law (Victoria).

(4) Except as otherwise expressly provided by Division 1 of Part 3-2 of the Australian Consumer Law (Victoria), nothing in that Division affects the application to a contract of supply of goods or services of the Goods Act 1958 or any other Act or law.

32 Limit of liability of guarantors

(1) If there is a contract of guarantee in relation to the performance of the obligations of a purchaser under a contract of supply of goods or services, the liability of the guarantor in relation to the performance of those obligations does not include liability in respect of an amount exceeding the sum of—

(a) the amount for which the purchaser is liable by reason of the breach of the contract of supply; and

(b) the reasonable costs of and incidental to enforcing the contract of guarantee.

(2) Subject to subsection (3), a guarantor of the obligations of a purchaser under a contract of supply of goods or services where the purchaser is a minor is liable under the contract of guarantee to the same extent as the guarantor would be liable if the purchaser had not been a minor when the contract of supply was made.

(3) Subsection (2) does not apply with respect to a contract of guarantee unless, when it was made, it included a prominent statement immediately above or below the place where the guarantor signed the contract to the effect that a person who enters into a guarantee in respect of the obligations of a purchaser who is minor may not have a right to recover from the purchaser amounts that the guarantor is liable to pay under the contract of supply.

domestic partner of a person means—

(a) a person who is in a registered relationship with the person; or

(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i) for fee or reward; or

(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

guarantee includes indemnity;

guarantor means a person who enters into a contract of guarantee in respect of the performance of the obligations of a purchaser under a contract of supply of goods or services or of a person who enters into a contract of indemnity in relation to a contract of supply of goods or services but does not include—

(a) a person who is the supplier, or spouse or domestic partner of the supplier of goods or services to which the contract relates; or

(b) if the supplier is a body corporate, a person who is a director or an officer of the body corporate or is a related body corporate within the meaning of the Corporations Act or a director or an officer of a related body corporate or spouse or domestic partner of that director or officer; or

(c) a person who enters into a contract of guarantee or a contract of indemnity in respect of the obligations, under a contract of supply of goods or services, of a person who deals in goods or services of the kind to which the contract of supply relates.

spouse of a person means a person to whom the person is married.

(5) For the purposes of the definition of domestic partner in subsection (4)—

(a) registered relationship has the same meaning as in the Relationships Act 2008; and

(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c) a person is not a domestic partner of another person only because they are co-tenants.

33 Limit of liability under security

If a mortgage, charge, pledge or other security is provided by a person to secure the obligations of a purchaser under a contract of supply of goods or services, the amount secured in respect of the liability of that person in respect of those obligations does not exceed liability in respect of the sum of—

(a) the amount for which the purchaser is liable by reason of the breach of the contract of supply of goods or services; and

(b) the reasonable costs of, and incidental to, enforcing the mortgage, charge, pledge, lien or other security.

34 Contract of supply not illegal etc.

(1) A contract of supply of goods or services is not illegal, void or unenforceable by reason only that the supplier is guilty of an offence under this Part.

(2) If a supplier commits an offence referred to in subsection (1), the purchaser does not, by reason only of having been a party to the contract, aid, abet, counsel or procure the commission of the offence.

Part 3.2—Frustrated contracts

Division 1—Introductory

35 Contracts to which this Part applies

(1) This Part applies to a contract if the parties to the contract are discharged from the further performance of the contract because—

(a) performance of the contract becomes impossible; or

(b) the contract is otherwise frustrated; or

(c) the contract is avoided by the operation of section 12 of the Goods Act 1958.

(2) This Part applies to contracts made before or after 1 July 2008 if the time of discharge of the contract is after 29 September 1959.

(3) This Part does not apply to—

(a) any charter-party, except a time charter-party or a charter-party by way of demise; or

(b) any contract (other than a charter-party) for the carriage of goods by sea; or

(c) any contract of insurance except as provided for in section 40.

Division 2—Consequences of frustrated contract

36 Adjustment of amounts paid or payable to parties to discharged contracts

(1) All amounts paid to any party under a discharged contract before the time of discharge are recoverable.

(2) All amounts payable to any party under a discharged contract before the time of discharge cease to be payable.

37 Court may allow amounts paid or payable to be recovered or paid

Despite section 36, the court may, if it considers it just to do so having regard to all the circumstances of the case, allow a party to a discharged contract—

(a) to whom amounts were paid or are payable under that contract before the time of discharge; and

(b) who has incurred expenses before the time of discharge in or for the purpose of the performance of that contract—

to retain or recover (as the case may be) the whole or any part of the amounts paid or payable to that party under the contract in an amount not exceeding the expenses incurred.

38 Parties to pay an amount for valuable benefits obtained

(1) This section applies if a party to a discharged contract obtained a valuable benefit (other than a payment of money to which section 36 or 37 applies) before the time of discharge because of anything done by another party in or for the purpose of the performance of the contract.

(2) Despite section 36, the benefited party is liable to pay to that other party any amount (not exceeding the value of the benefit obtained) that the court considers just having regard to all the circumstances of the case.

(3) For the purpose of subsection (2), the court may have regard to—

(a) the amount of any expenses the benefited party incurred before the time of discharge in or for the purpose of the performance of the contract, including any amount paid or payable by the benefited party to any other party under the contract and retained or recoverable by that party under section 36 or 37; or

(b) the effect, in relation to the benefit obtained, of the circumstances giving rise to the frustration or avoidance of the contract.

(4) For the purpose of this section, if a party to the contract has assumed obligations under the contract in consideration of the conferral of a benefit by another party to the contract on any other person (whether or not that person is a party to the contract), the court may, if in all the circumstances of the case it considers it just to do so, treat any benefit conferred on that other person as a benefit obtained by the party who has assumed those obligations.

39 Calculation of expenses incurred

In estimating, for the purposes of this Division, the amount of any expenses incurred by any party to a discharged contract, the court may include an amount that appears reasonable for—

(a) overhead expenses; and

(b) work or services performed personally by the party.

40 Circumstances in which amounts payable under contract of insurance excluded

In considering whether any amount is to be retained or recovered by any party to a discharged contract, the court must not take into account any amounts payable to a party under a contract of insurance because of the circumstances giving rise to the frustration or avoidance of the contract unless an obligation to insure is imposed—

(a) by an express provision in the frustrated or avoided contract; or

(b) by or under any enactment.

Division 3—General

41 Circumstances in which contract provisions continue to have effect despite frustration

If any contract to which this Part applies contains a provision that on the true construction of the contract—

(a) is intended to continue to have effect in circumstances that operate or would, but for that provision, operate to frustrate or avoid the contract; or

(b) is intended to have effect whether or not circumstances that operate or would, but for that provision, operate to frustrate or avoid the contract arise—

the court must give effect to that provision and must only give effect to Division 2 to the extent that the court is satisfied that it is consistent with the provision of the contract.

42 Performed part of contract not frustrated

If it appears to the court that part of a contract to which this Part applies—

(a) is wholly performed before the time of discharge; or

(b) is wholly performed before the time of discharge except for payment in respect of that part of the contract of amounts that are or can be ascertained under the contract—

the court must treat that part of the contract as if it were a separate contract that had not been frustrated or avoided and Division 2 will only apply to the remainder of that contract.

43 Nature of action

All actions and proceedings to recover amounts under this Part are taken to be founded on simple contract.

44 Limitation period

Subject to Part II of the Limitation of Actions Act 1958, a cause of action under this Part is taken to have first accrued at the time of discharge.

Chapter 4—General business provisions

Part 4.1—Debt collection

45 Prohibited debt collection practices

(1) A person must not in trade or commerce engage in a prohibited debt collection practice while—

(a) collecting or attempting to collect a debt; or

(b) repossessing or attempting to repossess goods.

Penalty: 240 penalty units, in the case of a natural person;

(2) In subsection (1), prohibited debt collection practice means—

(a) using physical force or undue harassment or coercion;

(b) entering or threatening to enter a private residence without lawful authority;

(c) using any threat, deception or misrepresentation to obtain consent to enter a private residence;

(d) refusing to leave a private residence or workplace when requested to do so;

(e) doing or threatening to do any act that may intimidate a person or a member of that person's family;

Carrying a firearm within the meaning of the Firearms Act 1996 or a dangerous article within the meaning of the Control of Weapons Act 1990.

(f) doing or threatening to do any act that may expose to ridicule a person or a member of that person's family;

Parking a vehicle outside a debtor's private residence that displays information that a person is engaged in debt collection.

(g) using a document that is not an official document but that resembles or purports to be an official document;

Examples

Any document that gives the appearance of having been authorised, issued or approved by a court, government or government agency when it has not been.

Serving a summons that has not been issued.

(h) impersonating an employee or agent of the State, another state, a Territory or the Commonwealth;

(i) attempting to take possession of or threatening to take possession of any property to which the person, or the person's principal, is not entitled to possession;

Making a representation that immediate possession will be taken of a debtor's home or other property when a debt is not secured by that property or the creditor has not obtained judgment for the debt.

(j) disclosing or threatening to disclose debt information, without the consent of the debtor, to any other person who does not have a clear and legitimate interest in the information;

Disclosing debt information when contacting a person who is not the debtor while attempting to locate or identify the debtor.

(k) making a false or misleading representation in connection with—

(i) the nature of a debt; or

(ii) the extent of a debt; or

(iii) the consequences of not paying a debt; or

(iv) the method of recovering a debt;

Examples

1 Falsely representing that a debt is a fine or other pecuniary penalty, or that a person has committed an offence.

2 Using a letterhead which is liable to mislead the person to whom the letter is sent as to the identity, status or role of the person who used the letterhead.

3 Falsely representing to a person who is not a debtor that, in relation to a debt, the person must prove or make a statutory declaration that he or she does not owe the debt.

4 Threatening to give a credit reporting agency information that could affect a person's creditworthiness that could not be given or that would, if given, be false or misleading.

(l) contacting a person by a method that the person has asked not to be used, unless there is no other method available;

(m) contacting a person about a debt after the person advises in writing that no further communication should be made about that debt, unless the contact is by way of—

(i) an action issued through a court or VCAT; or

S. 45(2)(m)(ii) amended by No. 50/2014 s. 9(a).

(ii) the threat of an action that the person to whom the debt is owed is entitled to issue through a court or VCAT and which the person intends to take; or

S. 45(2)(m)(iii) inserted by No. 50/2014 s. 9(b), amended by No. 12/2015 s. 8.

(iii) a communication with the person for the purposes of complying with the National Credit Code;

(n) communicating with a person under 18 years of age in relation to a debt, if the person is not the debtor;

(o) demanding the payment of a debt from a person without having a belief on reasonable grounds that the person is—

(i) the debtor or the debtor's agent or representative; and

(ii) liable for the debt;

(p) communicating with a person in a manner that is unreasonable in its frequency, nature or content.

(3) In subsection (2), debtor includes a mortgagor or guarantor of a debtor.

S. 45(4) amended by No. 47/2014 s. 249.

(4) For the purposes of subsection (2)(g), official document includes a summons, a court document, a VCAT document, a notice issued under the Infringements Act 2006 or the Fines Reform Act 2014 and any other communication that is authorised, issued or approved by a court, VCAT, a government or a government agency.

Section 38 of the Interpretation of Legislation Act 1984 defines document.

(5) This section does not apply to any of the following acting in an official capacity—

(a) the sheriff or a sheriff's officer;

S. 45(5)(b) substituted by No. 37/2014 s. 10(Sch. item 6.2).

(b) a police officer;

(c) a bailiff;

(d) any other employee or agent of the State, another state, a Territory or the Commonwealth.

46 Additional remedy for contraventions of section 45

(1) A natural person who has experienced humiliation or distress due to a course of conduct of another person in contravention of section 45 with respect to a consumer debt may apply to a court or VCAT for an order that the person engaging in that conduct, or a person involved in that conduct, pay damages of up to $10 000 (or another prescribed amount).

(2) In subsection (1)—

course of conduct means conduct that occurs on at least 2 occasions;

person involved has the meaning given by section 197.

(3) Subsection (1)—

(a) applies in addition to any other available remedy;

(b) is not intended to affect any other available remedy.

(4) Clauses 28BB and 28GG of Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998 do not apply in a proceeding where damages are sought under this section.

(5) Part VBA of the Wrongs Act 1958 does not apply to a claim under this section.

47 Certain persons prohibited from engaging in debt collection

(1) A person is prohibited from engaging in debt collection if that person—

(a) in the case of a natural person—

(i) is under 18 years of age; or

S. 47(1)(a)(ii) amended by No. 13/2019 s. 221(Sch. 1 item 4).

(ii) is a represented person within the meaning of the Guardianship and Administration Act 2019; or

(iii) is an insolvent under administration; or

S. 47(1)(a)(iv) amended by No. 50/2014 s. 10(1)(a).

(iv) has, in the preceding 5 years, held a private security licence under the Private Security Act 2004 that was cancelled or suspended under section 56 or 61 of that Act; or

S. 47(1)(a)(v) amended by No. 50/2014 s. 10(1)(b), repealed by No. 12/2024 s. 60.

S. 47(1)(a)(vi) amended by No. 50/2014 s. 10(1)(c).

(vi) has, in the preceding 5 years, been found guilty or convicted in Victoria or elsewhere, of an offence involving fraud, dishonesty, drug trafficking or violence punishable by imprisonment of 3 months or more; or

S. 47(1)(a)(vii) amended by No. 50/2014 s. 10(1)(d).

(vii) has, in the preceding 5 years, been found to have been involved in the use of physical force, undue harassment or coercion in contravention of—

(A) section 12DJ of the Australian Securities and Investments Commission Act 2001 of the Commonwealth; or

(B) an equivalent provision in an Act of the Commonwealth or Act of another State or Territory; or

(C) this Act or the regulations (except if damages have been awarded under section 46);

S. 47(1)(a)(viii) amended by No. 50/2014 s. 10(1)(e).

(viii) has, in the preceding 5 years, been found guilty or convicted of an offence against section 45;

(b) in the case of a body corporate—

(i) is an externally administered body corporate; or

(ii) is a body corporate—

(A) one or more of the directors of which is a person referred to in paragraph (a); or

(B) managed or effectively controlled by a natural person who is a person referred to in paragraph (a); or

(iii) has, in the preceding 5 years, been found guilty or convicted of an offence against section 45; or

S. 47(1)(b)(iv) amended by No. 50/2014 s. 10(2).

(iv) has, in the preceding 5 years, been found to have contravened section 53A(2) or 60 of the Trade Practices Act 1974 of the Commonwealth or section 50 of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth while engaging in debt collection; or

S. 47(1)(b)(v) inserted by No. 50/2014 s. 10(3).

(v) has, in the preceding 5 years, held a private security licence under the Private Security Act 2004 that was cancelled or suspended under section 56 or 61 of that Act; or

S. 47(1)(b)(vi) inserted by No. 50/2014 s. 10(3), repealed by No. 12/2024 s. 60.

S. 47(1)(b)(vii) inserted by No. 50/2014 s. 10(3).

(vii) has, in the preceding 5 years, been found to have been involved in the use of physical force, undue harassment or coercion in contravention of—

(A) section 12DJ of the Australian Securities and Investments Commission Act 2001 of the Commonwealth; or

(B) an equivalent provision in an Act of the Commonwealth or Act of another State or Territory; or

(C) this Act or the regulations (except if damages have been awarded under section 46).

(2) A prohibited person must not engage in debt collection.

S. 47(3) inserted by No. 50/2014 s. 10(4).

(3) A body corporate does not commit an offence against subsection (2) if—

(a) the body corporate is a prohibited person only because of subsection (1)(b)(ii); and

(b) at the time the body corporate engaged in debt collection, it was not aware that the natural person referred to in subsection (1)(b)(ii) was a person referred to in subsection (1)(a); and

(c) the body corporate had taken reasonable precautions and exercised due diligence in relation to appointing the natural person as director or giving the natural person management or effective control of the body corporate to ensure that the natural person was not a person referred to in subsection (1)(a).

48 Applications by prohibited persons for permission to engage in debt collection

(1) Subject to subsection (4), a prohibited person may apply to the Authority at any time for permission to—

(a) engage in debt collection;

(b) be a director of a corporation that engages in debt collection;

(c) manage or effectively control a corporation that engages in debt collection.

(2) An application under this section must—

(a) be in the form approved by the Authority; and

(b) contain the information required by the Authority; and

(c) be accompanied by the documents required by the Authority; and

(d) be accompanied by the prescribed fee (if any).

(3) In considering an application under this section, the Authority may—

(a) conduct any inquiries it thinks fit;

(b) require the applicant to provide any further information relating to the application that the Authority thinks fit in the manner required by the Authority;

(c) seek advice and information on the application from any other person or body as it thinks fit.

(4) The Authority may refuse to give its permission if the applicant does not provide the further information required, or his or her consent for the Authority to obtain that information, within a reasonable time after the requirement is made.

(5) An application may be withdrawn at any time before the Authority determines it.

(6) Subsection (1) does not apply to a person who is—

(a) under the age of 18 years; or

S. 48(6)(b) amended by No. 13/2019 s. 221(Sch. 1 item 4).

(b) a represented person within the meaning of the Guardianship and Administration Act 2019.

49 Permission from the Authority

The Authority may give its permission if it is satisfied that it is not contrary to the public interest for it to do so.

50 Authority may impose conditions

(1) In giving its permission under this Part, the Authority may impose any conditions it considers appropriate to ensure the ongoing protection of the public interest.

(2) The Authority may vary any of the conditions it has imposed—

(a) on the application of the person given the permission, upon the payment of the prescribed fee (if any);

(b) on the application of the Director;

(c) of its own motion.

(3) The person given the permission must comply with any conditions imposed in respect of that permission.

(4) If the Authority is satisfied that any condition imposed in respect of a permission has been contravened or not complied with, it may revoke the permission.

(5) Before taking any action under this section the Authority may seek and use information and advice from any person or body or other source as it thinks fit.

51 Application for review

(1) A person whose interests are affected by a decision of the Authority under sections 49 and 50 may apply to VCAT for review of the decision.

(a) the day on which the decision is made; or

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

52 Offence to charge debtor for cost of debt collection

(1) A debt collector must not recover, or attempt to recover, from a debtor any remuneration or payment in connection with the collection of a debt including the costs and expenses of a debt collector for—

(a) finding or attempting to find goods or chattels of the debtor;

(b) repossessing or attempting to repossess goods or chattels from the debtor;

(c) collecting or attempting to collect a debt owed by the debtor.

(2) Subsection (1) does not apply in respect of a debt collector who is recovering or attempting to recover on behalf of a creditor enforcement expenses reasonably incurred by that creditor—

(a) if a credit contract allows the recovery of those expenses; or

See section 107 of the National Credit Code.

(b) in the case of a debt that was not wholly or predominately accrued in connection with personal, domestic or household purposes, if a term of an agreement between the creditor and the debtor permits the recovery of those expenses.

(3) It is a defence for an offence against subsection (1) that the debt collector had an honest and reasonable belief that the enforcement expenses that he or she was recovering or attempting to recover did not exceed those reasonably incurred by the creditor.

(4) Any costs or expenses recovered in contravention of subsection (1)—

(a) may be recovered by the debtor as a debt; and

(b) if the debt collector is the creditor—

(i) may be set off against the debt; or

(ii) may be recovered by the debtor from the debt collector or the creditor.

costs do not include—

(a) stamp duty; or

(b) legal costs fixed by, or payable under, rules of court or a court order;

credit contract has the meaning given by section 4 of the National Credit Code;

creditor includes a partner, employer, employee, principal or agent of the creditor or a person who is in any way acting in collusion with the creditor;

debt collector means a person who engages in debt collection—

(a) as a principal or agent;

(b) as an employee of a principal or agent in exchange for salary, wages or commission;

debtor includes a person from whom goods or chattels may be lawfully repossessed.

53 Offence to purchase debt for the purpose of collection

A prohibited person must not knowingly purchase, or accept an assignment of, a consumer debt from a creditor for the purpose of collecting that debt.

Part 4.2—Disposal of uncollected goods

Division 1—Preliminary

54 Uncollected goods

(1) Goods under bailment are uncollected goods if—

(a) the goods are ready for delivery to the provider in accordance with the terms of the bailment, but the provider has not taken delivery of the goods and has not given directions as to their delivery; or

(b) the receiver is required to give notice to the provider when the goods are ready for delivery but cannot locate or communicate with the provider; or

(c) the receiver can reasonably expect to be relieved of any duty to safeguard the goods on giving notice to the provider but cannot locate or communicate with the provider; or

(d) the provider has not paid the relevant charge payable to the receiver in relation to the goods within a reasonable time after being informed by the receiver that the goods are ready for delivery.

(2) Goods are not uncollected goods for the purposes of subsection (1)(a) if the provider's failure to take delivery arises from—

(a) the receiver refusing to make delivery; or

(b) the receiver preventing the provider from taking delivery.

55 Relevant charge

(1) The relevant charge is the amount payable by the provider to the receiver for goods under bailment and payment of which entitles the provider to take delivery of the goods.

(2) Unless determined otherwise by a court order, the amount payable to the receiver is the sum of the following—

(a) for any carriage or storage of the goods or for any repairs, cleaning, treatment or other work done in connection with the goods—

(i) the amount agreed to by the provider and receiver as the charge payable to the receiver; or

(ii) in the absence of an agreement, an amount that is reasonable;

(b) the amount of costs for any storage, maintenance or insurance of the goods incurred by the receiver from—

(i) the giving of a notice under Division 2 of the receiver's intention to dispose of the goods until the disposal of the goods; or

(ii) the making of an application for a court order under Division 3 until the disposal of the goods.

56 Application

(1) This Part applies to the possession of goods under a bailment regardless of whether possession was taken before or after the commencement of this Part.

(2) This Part does not apply to—

(a) goods left behind at the end of a tenancy to which the Residential Tenancies Act 1997 applies;

(b) unsolicited goods;

(c) second-hand goods received in pawn under the Second-Hand Dealers and Pawnbrokers Act 1989;

S. 56(2)(d) substituted by No. 37/2014 s. 10(Sch. item 6.3).

(d) any unclaimed property to which section 57 of the Victoria Police Act 2013 applies;

(e) any unclaimed non-monetary prize to which section 7.4.12 of the Gambling Regulation Act 2003 applies;

(f) any goods or lost property within the meaning of section 251A of the Transport (Compliance and Miscellaneous) Act 1983;

(g) any vehicle that is able to be moved or impounded under clause 4 of Schedule 4 to the Road Management Act 2004;

(h) any goods that are the subject of an order for forfeiture to which section 134 of the Petroleum (Submerged Lands) Act 1982 applies;

(i) any goods seized to which section 171 of the Gene Technology Act 2001 applies;

(j) any motor vehicle not collected or released to which section 84Z of the Road Safety Act 1986 applies;

(k) any unclaimed property to which section 16 of the National Gallery of Victoria Act 1966 applies;

(l) any unclaimed property to which section 51 of the Libraries Act 1988 applies;

(m) any unclaimed property to which section 25 of the Museums Act 1983 applies;

(n) any goods forfeited or recovered by the Magistrates' Court of Victoria to which section 137 of the Magistrates' Court Act 1989 applies;

(o) uncollected goods under any other Act that is prescribed for the purposes of this paragraph.

(3) Subject to the exclusions in subsection (2), this Part applies in addition to any other remedy or right that may be available to dispose of uncollected goods under any other Act.

(4) This Part applies to the disposal of uncollected goods—

(a) if there is no agreement between the provider and the receiver about their disposal; or

(b) if there is an agreement about their disposal, only in respect of matters not dealt with by the agreement.

(5) This Part does not apply to a lease or other agreement to which Part IVA of the Landlord and Tenant Act 1958 applied immediately before the commencement of section 236 of this Act.

(6) For the avoidance of doubt, this Part does not affect the right of a provider and receiver to make an agreement about the disposal of uncollected goods.

57 Common law

The common law relating to the bailment of goods remains in force to the extent to which it is not affected by this Part and a person is entitled to exercise any rights that the person may have at common law in relation to the recovery of goods or compensation for the loss of or damage to goods except to the extent to which this Part otherwise provides.

Division 2—Disposal of uncollected goods

58 Receiver may dispose of uncollected goods

(1) Subject to subsection (2), a receiver may dispose of uncollected goods under this Division.

(2) A receiver must not dispose of uncollected goods if—

(a) a dispute exists between the provider and receiver regarding the relevant charge, including such a dispute about the condition of the goods or the nature or quality of any repairs or other work done in connection with the goods; and

(b) an application has been made to the court under section 69.

(3) Subsection (2) does not prevent the receiver from giving notice under this Division of the receiver's intention to dispose of the uncollected goods.

(4) A receiver who disposes of uncollected goods in accordance with this Division is not liable in relation to the goods by reason of the disposal.

59 Payment of relevant charge

The provider, the owner of the uncollected goods or any other person with an interest in the goods is entitled, on payment of the relevant charge, to delivery of the goods at any time before their disposal.

60 Low value uncollected goods

(1) A receiver may dispose of low value uncollected goods if—

(a) the receiver has given the provider written notice of the receiver's intention to dispose of the goods; and

(b) 28 days have elapsed since the giving of the notice and the provider has not taken delivery of the goods or given directions as to their delivery.

(2) A receiver may dispose of low value uncollected goods if—

(a) the receiver cannot locate or communicate with the provider in order to provide written notice under subsection (1) after making reasonable attempts to do so; and

(b) 60 days have elapsed since the goods became uncollected goods.

(3) Goods may be disposed of under this section by sale, destruction, appropriation or any other means.

61 Medium value uncollected goods

(1) A receiver may dispose of medium value uncollected goods if—

(a) the receiver has given written notice of the receiver's intention to dispose of the goods to the following—

(i) the provider; and

(ii) in a case where the provider and the owner are different people and the receiver is aware of that fact, the owner of the goods; and

(b) 28 days have elapsed since the giving of the notice and the provider has not taken delivery of the goods or given directions as to their delivery.

(2) A receiver may dispose of medium value uncollected goods if—

(a) the receiver cannot locate or communicate with the provider or the owner of the goods in order to provide written notice under subsection (1) after making reasonable attempts to do so; and

(b) 90 days have elapsed since the goods became uncollected goods.

(3) Goods must be disposed of under this section by public auction or by private sale and with reasonable care to ensure that the goods are sold for the best price that can be reasonably obtained, having regard to the circumstances existing when the goods are sold.

62 High value uncollected goods

(1) A receiver may dispose of high value uncollected goods if—

(a) the receiver has given written notice of the receiver's intention to dispose of the goods to the following—

(i) the provider; and

(ii) in a case where the provider and the owner are different people and the receiver is aware of that fact, the owner of the goods; and

(iii) any person who has a publicly registered interest in the goods; and

(iv) any other person having or claiming an interest in the goods of which the receiver is aware; and

(b) 28 days have elapsed since giving the notice and neither of the following persons have taken delivery of the goods or given directions as to their delivery—

(i) the provider; or

(ii) the owner of the goods.

(2) A receiver may dispose of high value uncollected goods if—

(a) the receiver cannot locate or communicate with the provider or the owner of the goods in order to provide written notice under subsection (1) after making reasonable attempts to do so; and

(b) 180 days have elapsed since the goods became uncollected goods.

(3) Goods must not be disposed of under this section otherwise than—

(a) by way of public auction that is either—

(i) advertised at least 7 days in advance; or

(ii) held over a period of at least 7 days; or

(b) subject to subsection (4), by way of private sale.

(4) Goods may only be disposed of under subsection (3)(b) if—

(a) notice has been given in accordance with subsection (1); and

(b) the receiver has a reasonable belief that the best price could only be achieved by private sale; and

(c) the receiver takes reasonable care to ensure that the goods are sold for the best price that can reasonably be obtained, having regard to the circumstances at the time the goods are sold.

63 Additional requirement for disposal of motor vehicles

A receiver must not dispose of a motor vehicle that is of a high value unless the receiver has obtained in relation to that motor vehicle a written search result under section 170(2)(b) of the Personal Property Securities Act 2009 of the Commonwealth.

Penalty: 60 penalty units, in the case of a natural person;

120 penalty units, in the case of a body corporate.

64 Details of registered operator

S. 64(1) amended by Nos 49/2019 s. 186(Sch. 4 item 3.1), 25/2025 s. 106(Sch. 1 item 3).

(1) A receiver of a motor vehicle may apply to the Secretary to the Department of Transport and Planning in accordance with subsection (2) for a certificate setting out the details of the registered operator of a motor vehicle.

(2) The application must—

(a) be accompanied by the fee prescribed (if any) under the Road Safety Act 1986 for an extract from the register within the meaning of that Act; and

(b) be in the form of a statutory declaration; and

(c) include the following particulars—

(i) if the receiver is a natural person, the receiver's full name, address and date of birth;

(ii) if the receiver is a body corporate, the receiver's business name and address and ABN;

(iii) the vehicle's last registration number (if available) and vehicle identification number;

(iv) if the receiver intends to dispose of the vehicle under section 62, a copy of any notice given under that section;

(v) if the receiver has applied under section 68 for an order to dispose of the vehicle, a copy of the application;

(vi) a copy of any written search result obtained under section 63;

(vii) any other information prescribed by the regulations.

S. 64(3) amended by Nos 49/2019 s. 186(Sch. 4 item 3.2), 25/2025 s. 106(Sch. 1 item 3).

(3) On receipt of an application under subsection (1), the Secretary to the Department of Transport and Planning, if the Secretary is satisfied that the application is being made for the purposes of this Part, must give to the receiver a certificate setting out the details of the registered operator of the motor vehicle.

registered operator has the same meaning as it has in the Road Safety Act 1986;

S. 64(4) def. of Roads Corporation repealed by No. 49/2019 s. 186(Sch. 4 item 3.3).

vehicle identification number has the same meaning as it has in the Road Safety Act 1986.

65 Perishable goods

(1) A receiver may dispose of perishable uncollected goods by sale, appropriation or destruction if—

(a) the receiver has given the provider oral or written notice of the receiver's intention to dispose of the goods; and

(b) having regard to the nature and condition of the goods, a reasonable time in which to collect the goods has elapsed since the giving of the notice.

Perishable goods need not have perished to be disposed of under this subsection.

(2) A receiver may dispose of uncollected goods by any means if the goods have perished but must make reasonable attempts to give the provider oral or written notice of the disposal of the goods within a reasonable time after the disposal.

66 Form of notices under this Division

A notice of the receiver's intention to dispose of uncollected goods under this Division must specify—

(a) the receiver's name;

(b) a description of the goods;

(c) an address at which the goods may be collected;

(d) a statement of the relevant charge payable to the receiver for the goods and, if the relevant charge is likely to increase, a statement of the current relevant charge and an estimate of further charges that will accrue;

(e) a statement to the effect that on or after a specified date the goods will be disposed of unless they are collected and the relevant charge paid;

(f) if applicable, a statement to the effect that the receiver will retain from the proceeds of sale of the goods an amount not exceeding the sum of the relevant charge and the disposal costs.

67 Giving notice

(1) A notice under this Division may be given to the person personally or left at, or sent by post to, the person's last known address.

(2) A notice to a person with a publicly registered interest in uncollected goods is taken to have been given if it has been sent by post to the person's address in the register in which the interest is recorded.

Division 3—Applications to court, court order and related provisions

68 Application to court for disposal order

(1) A receiver may apply to a court for an order to dispose of uncollected goods.

(2) The application must—

(a) state fully the grounds on which it is made;

(b) include the information in section 66(a) to (d);

(c) in the case of the disposal of a motor vehicle, include the written search result required under section 63 and any certificate obtained under section 64.

(3) The receiver must give a copy of the application to—

(a) the provider, if the provider can be located after reasonable enquiries have been made;

(b) the owner of the goods, if the owner can be located after reasonable enquiries have been made;

(c) any person with a publicly registered interest in the goods;

(d) any other person known by the receiver to have or to be claiming an interest in the goods.

69 Other applications to court

If a dispute exists between the provider and the receiver regarding the relevant charge for uncollected goods, either party may apply to a court for an order determining the amount of the relevant charge payable to the receiver.

70 Court orders

(1) On an application under section 68 or 69, the court may make any of the following orders—

(a) an order authorising the disposal of specified goods under bailment;

(b) an order determining the relevant charge payable to the receiver;

(c) any other orders that it considers necessary to give effect to an order made under paragraph (a) or (b).

(2) An order under subsection (1)(a) must specify the following—

(a) the authorised means of disposal of the goods;

(b) the date by which the goods may be disposed of;

(c) the amount of the relevant charge payable to the receiver for the goods.

71 Payment of relevant charge

If a court order has been made for the disposal of uncollected goods, the provider, the owner of the uncollected goods or any other person with an interest in the goods is entitled, on payment to the receiver of the relevant charge, to delivery of the goods at any time before their disposal.

72 Effect of other proceeding

(1) If, at any time before the disposal of uncollected goods under Division 2, a person (other than the provider) starts a proceeding for the recovery of the goods, an order made under section 70 is suspended until the proceeding is decided.

(2) If an order is made for the recovery of the goods, the order made under section 70 ceases to have effect.

Division 4—Miscellaneous

73 Proceeds of sale

(1) If uncollected goods are sold under Division 2, the receiver is entitled to retain the relevant charge payable to the receiver for the goods and the disposal costs.

(2) The balance (if any) of the proceeds of sale are to be dealt with as if the receiver were a business and the money were unclaimed money for the purposes of the Unclaimed Money Act 2008.

(3) If the proceeds of the sale are insufficient to pay the relevant charge and disposal costs, the receiver may recover the deficiency from the provider as a debt in court.

74 Records held by receiver

(1) Within 7 days after disposing of uncollected goods under Division 2, the receiver must prepare a record of the following particulars—

(a) a description of the goods;

(b) if the goods were disposed of under section 60, 61, 62 or 65—

(i) the date and means of giving notice of intention to dispose of the goods; and

(ii) the name and address of any person to whom the notice was given;

(c) the date of disposal;

(d) the manner of disposal;

(e) if the goods were sold—

(i) the name and address of the purchaser;

(ii) the sale price;

(iii) the amount retained by the receiver to cover the relevant charge payable to the receiver for the goods;

(iv) the amount retained by the receiver to cover the disposal costs;

(f) if the goods were sold by public auction, the name and address of the principal place of business of the auctioneer who sold the goods;

(g) if applicable, the amount of the balance of the proceeds of sale paid to the Registrar and the date of payment.

Penalty: 10 penalty units, in the case of a natural person;

50 penalty units, in the case of a body corporate.

(2) The receiver must—

(a) retain the record for 6 years from the date of disposal; and

(b) make the record available on request by any of the following—

(i) the provider;

(ii) the owner;

(iii) any other person claiming to have an interest in the goods.

75 Good title

(1) The purchaser of goods sold under Division 2 acquires good title to the goods, free from any interest that existed in the goods in favour of another person before the goods were sold, if the purchaser buys the goods—

(a) without notice of any failure of the receiver to comply with this Part; and

(b) without notice of any defect or want of title of the provider.

(2) A receiver who disposes of goods by appropriation in accordance with Division 2 acquires good title to the goods.

76 Receiver to provide purchaser of motor vehicle with receipt

(1) If a receiver sells a motor vehicle under Division 2, the receiver must provide the purchaser with a receipt that complies with this section.

Penalty: 10 penalty units, in the case of a natural person;

50 penalty units, in the case of a body corporate.

(2) The receipt must contain the following—

(a) if the receiver is a natural person, the receiver's full name, address and date of birth;

(b) if the receiver is a body corporate, the receiver's business name and address and ABN;

(c) the vehicle's last registration number (if available) and vehicle identification number;

(d) the purchaser's full name, address and date of birth;

(e) the date of sale;

(f) the sale price;

(g) the name of the owner of the vehicle;

(h) any other prescribed information.

(3) The receipt must state that the vehicle has been disposed of under this Part and must be signed by both the purchaser and the receiver.

77 Application of other provisions

(1) For the purposes of Chapter 7—

(a) a provider is taken to be a consumer; and

(b) a receiver is taken to be a trader; and

(c) any dispute under this Part between a provider and a receiver is taken to be a consumer and trader dispute.

(2) Section 153 does not apply to this Part.

(3) Part 8.2 does not apply to this Part.

Part 4.3—Fair reporting

78 Correction of errors

(1) A consumer who disputes the accuracy or completeness in relation to the consumer of any information compiled by a credit reporting agent may request the agent to correct the information.

(2) A request under subsection (1) must be by written notice which must—

(a) include details of the matters in dispute; and

(b) be served on the agent personally or by post or by electronic communication.

(3) If a consumer makes a request under subsection (1), the credit reporting agent must, within 30 days, inform the consumer—

(a) as to whether or not the agent has made any amendment or supplement to or deletion from the information recorded in relation to that consumer; and

(b) if so, of the full details of the amendment, supplement or deletion.

(4) If a credit reporting agent amends, supplements or deletes information, the agent must give written notice of that fact to the following persons within 30 days—

(a) all persons who have been supplied with information with respect to the consumer within 6 months before the amendment, supplement or deletion is made;

(b) any persons to whom the credit reporting agent has supplied information and whom the consumer requires the agent to notify of the amendment, supplement or deletion.

(5) In this section, consumer means any person with respect to whom—

(a) a credit report is made; or

(b) any information is held by a credit reporting agent.

79 Consumer may apply to Magistrates' Court where agent fails to correct information etc.

(1) This section applies if a consumer makes a request under section 78 and—

(a) does not receive any of the information referred to in section 78(3) within 30 days after making the request; or

(b) is informed that the credit reporting agent has not made any amendment or supplement to or deletion from the information recorded in relation to the consumer; or

(c) is not satisfied with any amendment supplement or deletion of which the consumer is informed.

(2) The consumer may apply to the Magistrates' Court for an order requiring the credit reporting agent to make any or any further amendment or supplement to or deletion from information compiled in relation to that consumer.

(3) A consumer must serve written notice of an application under subsection (2) on the credit reporting agent within 7 days after making the application.

80 Powers of Court on application

(1) On an application under section 79, the Magistrates' Court may—

(a) order that all or any persons or any class or description of persons be excluded from the Court during all or any of the proceedings and, in case of disobedience, order the removal from the Court of those persons; or

(b) by order prohibit the publication of a report of the proceedings; or

(c) make orders under both paragraphs (a) and (b).

(2) On hearing an application under section 79, the Magistrates' Court may order a credit reporting agent—

(a) to amend, supplement, or delete any item of information concerning the consumer that is in the agent's possession or under the agent's control—

(i) which the Court is satisfied is inaccurate, misleading, or irrelevant to the purpose for which the information is kept; or

(ii) which the Court is of the opinion should be amended, supplemented, or deleted by reason of the effluxion of time; and

(b) to give full details of that amendment, supplement, or deletion to any person to whom the credit reporting agent has provided information with respect to the consumer and who is specified in the order.

(3) A credit reporting agent must comply with an order under this section.

Penalty: 60 penalty units or imprisonment for 6 months.

Chapter 5—Specific business provisions

Part 5.1—Introduction agents

Division 1—Interpretation

81 Meaning of introduction agent

An introduction agent is a person who carries on a business of providing, or offering to provide, an introduction service.

82 Meaning of introduction service

(1) An introduction service is any one or more of the following—

(a) giving a name (or other identifying details) to a person; or

(b) giving a document containing names (or other identifying details) to a person; or

Section 38 of the Interpretation of Legislation Act 1984 defines document.

(c) arranging for a person to attend a meeting; or

(d) doing anything else specified by the regulations for the purposes of this subsection in relation to a person—

for the purpose of introducing the person to one or more other persons who might be interested in having a personal relationship with the person, or in attending a social outing with the person.

(2) For the purposes of subsection (1), it is irrelevant—

(a) whether the intended introduction is direct or indirect; or

(b) whether the personal relationship is intended to be for a long or short time.

83 Who carries on a business?

(1) For the purposes of this Part, a person carries on a business if the person—

(a) owns, or partly owns, the business; or

(b) is entitled to share in the proceeds of the business; or

(c) is in effective control of the business.

(2) A person is in effective control of a business if he or she—

(a) is regularly or usually in charge of the business; or

(b) regularly directs the staff of the business in their duties; or

(c) establishes and oversees the office procedures of the business; or

(d) employs or directs any person who does anything referred to in paragraph (a), (b) or (c).

S. 84 repealed by No. 7/2022 s. 53(1).

Division 2—Persons who are not introduction agents

85 Effect of this Division

If this Division states that a person does not act as an introduction agent in carrying out an activity, nothing in this Part applies to that person in carrying out that activity.

86 Exemption for activities with a community purpose

(1) A person does not act as an introduction agent by carrying out an activity if—

(a) the activity is carried out for a community purpose; and

(b) the net proceeds from the activity are solely applied (or to be applied) to furthering that purpose.

(2) In this section, community purpose means—

(a) a philanthropic or benevolent purpose (including the promotion of art, culture, science, religion, education, medicine or charity); or

(b) a sporting or recreational purpose (including the benefiting of any sporting or recreational club or association).

87 Exemption for non-profit activities

A person does not act as an introduction agent by carrying out an activity—

(a) that does not have a significant commercial purpose or character; and

(b) that does not primarily seek to make a profit for the person or any other person.

88 Exemption for publishers of advertisements etc.

(1) A person does not act as an introduction agent by—

(a) publishing or making available, details of persons who are seeking a personal or social relationship with one or more other persons—

(i) in a newspaper, magazine or similar document that is readily available to members of the public; or

(ii) in a television, radio or similar broadcast that is readily accessible to members of the public who possess the necessary equipment; and

(b) providing a means of enabling persons seeing or hearing the details to make contact with the persons supplying the details.

(2) Subsection (1) applies even if—

(a) it is necessary for members of the public to pay to obtain the newspaper, magazine, document or broadcast; and

(b) a charge is imposed on persons making use of the means referred to in subsection (1)(b).

89 Exemption for information service providers

(1) In this section—

information provider means a person who operates an information service;

information service means the provision of details of persons seeking a personal or social relationship with one or more other persons.

(2) An information provider does not act as an introduction agent in operating an information service if—

(a) a person can obtain details of persons seeking a personal or social relationship with one or more other persons from the information service without the need to speak to, or to otherwise communicate with, the information provider (or any person employed by the information provider); and

(b) a person who provides information to the information provider (or any person employed by the information provider) for the purpose of having that information provided to other persons is not, by providing that information, placed under any obligation—

(i) to use the service again; or

(ii) to pay a fee of more than $250 (or any other amount fixed by the regulations for the purposes of this paragraph); and

(c) a person to whom the information is provided is not, by using the information service, placed under any obligation—

(i) to use the service again; or

(ii) to pay a fee of more than $250 (or any other amount fixed by the regulations for the purposes of this paragraph).

(3) If the fees for providing information to, or obtaining information from, an information service are based on the length of time a person has electronic or mechanical access to the information service and the length of that time is automatically recorded by electronic or mechanical means, subsections (2)(b)(ii) and (2)(c)(ii) do not apply in determining whether an information provider falls within the exemption provided by subsection (2).

90 Exemption for organisers of dances etc.

(1) A person does not act as an introduction agent merely by organising a social activity with the intention of enabling persons to meet if—

(a) the activity is publicly advertised and is open to any member of the public who is willing to pay the admission cost set for the activity; and

(b) the admission cost is the only cost a person attending the activity is liable to pay the organiser of the activity; and

(c) no person attending the activity is placed under any obligation to the organiser of the activity by reason of being allowed to attend the activity, other than an obligation concerning the person's conduct at the activity itself.

(2) The condition specified by subsection (1)(a) is met even if a member of the public is refused admission to the activity, if the refusal is based on a failure by that person to obtain admission to the activity before a limit on the number of persons who could attend the activity was reached.

(3) The condition specified by subsection (1)(b) is met even if food or drink is sold by the organiser in relation to the activity.

(4) A reference in this section to the organiser of an activity includes a reference to any agent or person associated with the organiser.

91 Other exemptions

S. 91(1) substituted by No. 7/2022 s. 53(2), amended by No. 41/2025 s. 3(Sch. 1 item 5).

(1) A person who provides commercial sexual services within the meaning of section 35(1) of the Crimes Act 1958 does not act as an introduction agent merely by providing commercial sexual services or by doing anything incidental to the provision of those services.

(2) A person does not act as an introduction agent merely by providing a means that enables another person to offer to provide an introduction service.

Division 3—Persons who must not act as introduction agents

92 Certain persons not to act as introduction agents

(1) Subject to section 94, a natural person must not act as an introduction agent if he or she—

(a) is under 18 years of age; or

(b) is an insolvent under administration; or

(c) has been found guilty of a serious offence within the last 5 years; or

(d) it has been found guilty of an offence under the Introduction Agents Act 1997 or an equivalent offence in another jurisdiction within the last 5 years; or

(e) in offering to provide, or in the provision of, an introduction service, has been found guilty of an offence under this Part or an equivalent offence in another jurisdiction within the last 5 years; or

(f) in offering to provide, or in the provision of, an introduction service, has been found guilty of an offence under Part 2 of the Fair Trading Act 1999 (as in force immediately before 1 January 2011) or under Part 3-2 of the Australian Consumer Law (Victoria) or an equivalent offence in another jurisdiction within the last 5 years; or

S. 92(1)(g) amended by Nos 13/2019 s. 221(Sch. 1 item 4), 7/2022 s. 53(3)(a).

(g) is a represented person within the meaning of the Guardianship and Administration Act 2019.

S. 92(1)(h) repealed by No. 7/2022 s. 53(3)(b).

Penalty: 120 penalty units or imprisonment for 12 months.

(2) A body corporate must not act as an introduction agent if—

(a) one or more of its directors is disqualified from acting as an introduction agent by subsection (1); or

(b) it has been found guilty of a serious offence within the last 5 years; or

(c) it has been found guilty of an offence under the Introduction Agents Act 1997 or an equivalent offence in another jurisdiction within the last 5 years; or

(d) in offering to provide, or in the provision of, an introduction service, it has been found guilty of an offence under this Part or an equivalent offence in another jurisdiction within the last 5 years; or

(e) in offering to provide, or in the provision of, an introduction service, it has been found guilty of an offence under Part 2 of the Fair Trading Act 1999 (as in force immediately before 1 January 2011) or under Part 3-2 of the Australian Consumer Law (Victoria) or an equivalent offence in another jurisdiction within the last 5 years; or

(f) it is an externally-administered body corporate.

Penalty: 600 penalty units.

externally-administered body corporate has the same meaning as in the Corporations Act;

serious offence means an offence involving—

(a) fraud; or

(b) dishonesty; or

(c) drug trafficking; or

(d) violence—

punishable by imprisonment for 3 months or more regardless of whether the offence occurred in Australia or elsewhere.

Division 4—Permission for disqualified persons to act as introduction agents

93 Disqualified person may apply for permission to act as an introduction agent

(1) A person who is disqualified from acting as an introduction agent by section 92 (other than a person referred to in section 92(1)(a), (g) or (h)) may apply to the Authority at any time for permission to act as an introduction agent.

(2) An application must—

(a) be in a form approved by the Authority; and

(b) contain the information required by the Authority; and

(c) be accompanied by any documents required by the Authority; and

(d) be accompanied by the prescribed fee (if any).

(3) An application may be withdrawn at any time before the Authority determines it.

94 Permission to act as an introduction agent

(1) The Authority may give its permission if it is satisfied that it is not contrary to the public interest for it to do so.

(2) Without limiting its discretion to do so, the Authority may refuse to give its permission if the applicant—

(a) refuses to provide any further information required by the Authority under subsection (3)(b); or

(b) fails to provide any further information required by the Authority under subsection (3)(b) within a reasonable time after the requirement is made.

(3) In determining whether to give its permission, the Authority—

(a) is not required to conduct a hearing; and

(b) may require the applicant to provide such further information as the Authority considers necessary in the manner required by the Authority; and

(c) may seek advice and information on the application from any other person or body as the Authority thinks fit.

(4) The Authority may revoke a permission granted under this section by notice in writing issued to the person in respect of whom the permission was granted if the Authority is satisfied that it is in the public interest for it to do so.

(5) The Authority must not revoke a permission without giving the person an opportunity to be heard.

95 Authority may impose conditions on permission

(1) In giving its permission under section 94(1), the Authority may impose any conditions it considers appropriate to ensure the ongoing protection of the public interest.

(2) The person given the permission, or the Director, may apply to the Authority for a variation or revocation of any conditions the Authority has imposed in respect of the permission.

(3) A person given permission under section 94(1) must comply with any conditions imposed in respect of that permission.

Penalty: 120 penalty units or 12 months imprisonment, in the case of a natural person;

600 penalty units, in the case of a body corporate.

(4) If the Authority is satisfied that any condition imposed in respect of a permission has been contravened or not complied with, it may revoke the permission by notice in writing issued to the person in respect of whom the permission was granted.

(5) Before taking any action under this section, the Authority may seek and use information and advice from any person or body or other source as it thinks fit.

96 Application for review

(1) A person whose interests are affected by a decision of the Authority under section 94 or 95 may apply to VCAT for review of the decision.

(a) the day on which the decision is made; or

(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

Division 5—Introduction agreements

97 What must an introduction agreement contain?

An introduction agent must not enter into an agreement to provide a person with an introduction service unless the agreement—

(a) is in writing and is readily legible; and

(b) starts with the words "Important Notice" printed in at least 14 point bold type followed by the statement set out in Schedule 2 which (apart from any insertions made by hand) must be printed in at least 12 point type; and

(c) states the names, addresses and telephone numbers of the parties to the agreement; and

(d) sets out a full description of the service to be provided by the agent under the agreement and the terms on which the service is offered; and

(e) states the price of the service and the method of payment; and

(f) contains a statement in bold type that is in at least 12 point type that this Act forbids the payment of more than 30% of the price of the service before any part of the service is provided; and

(g) sets out the period of the agreement; and

(h) states the conditions under which refunds will be made; and

(i) is in English and is expressed clearly; and

(j) sets out in full all other terms of the agreement; and

(k) is signed by the introduction agent (or the introduction agent's authorised agent) and the person who is to be provided with the introduction service under the agreement; and

(l) complies with any other requirements set out in the regulations.

98 Restriction on prepayments

(1) An introduction agent must not demand or receive, before any part of an introduction service is provided, an amount that is more than 30% of the price at which the agent agrees to provide the service.

(2) This section does not apply to an introduction agreement if—

(a) the amount that is to be paid under the agreement is $1000 (or any other amount fixed by the regulations) or less; and

(b) the total of that amount and all amounts that the person entering into the agreement with the introduction agent paid, or became liable to pay, the agent in respect of any other introduction agreements—

(i) in the 30 days immediately before the date the agreement was signed is $1000 (or any other amount fixed by the regulations) or less; and

(ii) in the 12 months immediately before the date of the agreement was signed is $5000 (or any other amount fixed by the regulations) or less.

99 Person may withdraw from agreement within 3 days without penalty

(1) A person who has entered into an introduction agreement may withdraw from the agreement at any time before the expiration of 3 clear business days after he or she receives a copy of the signed agreement.

(2) To do this, the person must within that time—

(a) give, or cause to be delivered to, the introduction agent; or

(b) leave at the address shown as the agent's address in the agreement; or

(c) send by facsimile or by other electronic means to the agent—

a written notice signed by the person that states that he or she withdraws from the agreement.

(3) If a person withdraws from an agreement under this section—

(a) the introduction agent is entitled to $250 (or any other amount fixed by the regulations) or 10% of the total amount that is to be paid to the agent under the agreement (whichever is the lower amount); and

(b) the agent must refund all money paid to the agent under the agreement by (or on behalf of) the person (other than any amount the agent is entitled to under paragraph (a)); and

(c) the person is not liable to the agent in any way for withdrawing from the agreement (regardless of anything to the contrary in the agreement).

(4) An introduction agent who must refund money to a person under subsection (3)(b) must do so within 7 days after receiving the notice of withdrawal.

Part 5.2—Liability of accommodation providers

100 Application of common law

For innkeeper's lien and innkeeper's liability—

(a) an accommodation provider, and only an accommodation provider, is an innkeeper;

(b) an accommodation place, and only an accommodation place, is an inn.

101 Liability of accommodation providers under this Part

(1) Subject to subsection (2) and section 102, an accommodation provider is liable to make good the loss of any property of a guest if the property is lost—

(a) in the accommodation place during the period of accommodation; or

(b) while the property is deposited for safekeeping with the accommodation provider.

(2) This liability of an accommodation provider under this Part does not include liability for the loss of any property of a guest if the loss was due to an intentional or negligent act or omission of the guest.

102 Limitation on accommodation providers' liability for property of guest

(1) Subject to subsection (2), the liability of an accommodation provider to make good the loss of, or damage to, any property of a guest under section 101 is limited to $300 per unit of accommodation or any higher prescribed amount if the notice set out in Schedule 3 was displayed in accordance with section 104—

(a) at all times during the accommodation period; and

(b) at the time of the arrival of the guest at the accommodation place.

(2) Subsection (1) does not apply if—

(a) the property of the guest had been deposited by or on behalf of the guest for safekeeping with the accommodation provider in accordance with section 103; or

(b) the accommodation provider had represented that a safekeeping service was available at the accommodation place before the guest agreed to purchase the accommodation and the accommodation provider—

(i) had unreasonably refused to accept the property for safekeeping; or

(ii) was unable to accept the property for safekeeping due to the default of the accommodation provider; or

(c) the loss or damage was caused by the intentional or negligent act or omission of the accommodation provider or its employees or agents.

103 Accommodation provider to provide safekeeping service

(1) An accommodation provider must accept the property of a guest for deposit in a safekeeping service unless the accommodation provider has a reasonable excuse for not doing so.

(2) If a guest asks to use an accommodation provider's safekeeping service, the accommodation provider—

(a) may inspect the property to be deposited by the guest;

(b) may ask the guest to describe the nature of the property and the approximate value of the property;

(c) must provide the guest with a receipt for the property, which contains the information given under paragraph (b);

(d) may require the guest to place the property in a container and fasten or seal the container.

(3) An accommodation provider is liable for the loss of a guest's property if it happens after the accommodation provider accepts the property for depositing in the safekeeping service.

(4) Subject to subsection (5), the liability of an accommodation provider under subsection (3) is limited to $3000 (or another prescribed amount) for each unit of accommodation provided for the use of the guest on the day of the loss, irrespective of—

(a) the number of guests who are provided with the use of that unit of accommodation on the day; and

(b) the value of the loss on the day.

(5) The limitation on liability under subsection (4) does not apply if, before or at the time the accommodation provider accepts the property for depositing in the safekeeping service—

(a) the guest, in writing given to the accommodation provider, declares the value of the property is more than $3000 (or the amount prescribed under subsection (4)); and

(b) the accommodation provider agrees, in writing given to the guest, to accept liability for the value of the property stated under paragraph (a); and

(c) the guest agrees to pay a fee for the accommodation provider accepting the property for depositing in the safekeeping service, if asked to do so by the accommodation provider.

(6) For the purposes of subsection (1), a reasonable excuse includes—

(a) that the guest does not place the property in a container and fasten or seal it, in response to a requirement under subsection (2)(d);

(b) in a case where subsection (5) applies, that the guest does not agree to pay any fee requested under subsection (5)(c);

(c) that the accommodation provider reasonably considers that depositing the property in the safekeeping service would be unreasonable having regard to the property's nature, size or value and the type of accommodation and tariff charged for the accommodation.

104 Notice about this Part

(1) An accommodation provider must cause the notice set out in Schedule 3 to be conspicuously displayed so it may easily be read by a person when the person is in the reception area of, or the main entrance to, the accommodation place.

(2) An accommodation provider must cause the notice set out in Schedule 3—

(a) to be conspicuously displayed in each unit of accommodation that is provided to guests so it may easily be read by a guest who has use of that unit of accommodation; or

(b) to be given to the guest in respect of each unit of accommodation, provided that the notice is specifically identified and mentioned to the guest.

105 Innkeeper's lien

If a person is a guest of an accommodation provider and the guest's actions would, if the accommodation provider were an innkeeper at common law, give rise to an innkeeper's lien for the guest's property, the accommodation provider may exercise an innkeeper's lien for the guest's property.

106 Chapter 8 not to apply

Chapter 8 does not apply to this Part.

Pt 5.3 (Headings and ss 106A–106L) inserted by No. 46/2025 s. 23.

Part 5.3—Fuel retailers

Division 1—Interpretation

S. 106A inserted by No. 46/2025 s. 23.

106A Definitions

In this Part—

biodiesel means a diesel fuel obtained by esterification of oil derived from plants or animals;

confirmed fuel retailer means a fuel retailer that has received a notice of confirmation under section 106C;

emergency has the same meaning as in the Emergency Management Act 2013;

fuel means any of the following—

(a) petroleum products within the meaning of the Business Franchise (Petroleum Products) Act 1979;

(b) biodiesel;

(c) compressed gas;

(d) liquefied natural gas;

(e) liquefied petroleum gas;

fuel pump display means the numerical display of the normal fuel price appearing on a metered fuel pump at a service station;

fuel retailer means a person or body that carries on the business of supplying fuel for retail sale;

liquefied petroleum gas means a hydrocarbon fluid composed predominantly of any of the following hydrocarbons or mixtures of all or any of them—

(a) propane;

(b) propylene;

(c) butane;

(d) butylene;

maximum fuel price means a price provided by a confirmed fuel retailer to the Director in accordance with section 106F(1) for a type of fuel;

normal fuel price, in relation to a type of fuel, means the price per litre at which fuel of that type is offered to retail consumers without any discount (whether by a voucher, discount rate, reward scheme or any other means) applying;

notice of confirmation means a notice of confirmation provided by the Director under section 106C;

service station means a building, place or premises where fuel is supplied for retail sale, but does not include a building, place or premises where the primary business is the hiring, leasing or sale of motor vehicles.

Division 2—Confirmation of fuel retailers

S. 106B inserted by No. 46/2025 s. 23.

106B Fuel retailers must provide information to Director

(1) A fuel retailer must provide the following information to the Director in accordance with any requirements of the Director—

(a) the business or company name of the fuel retailer;

(b) the business logo (if any) of the fuel retailer;

(c) the ABN of the fuel retailer;

(d) the trading name of the fuel retailer (if applicable) and the street address and postal address of the office of the fuel retailer;

(e) the number of service stations operated by the fuel retailer;

(f) the names of the fuel retailer's service stations (if different from the trading name described in paragraph (d));

(g) the street address, email address and telephone number of each of the fuel retailer's service stations;

(h) the name, position title, email address and telephone number of the person providing the information;

(i) the name, position title, email address and telephone number of the primary contact person for each of the fuel retailer's service stations (if different from the person described in paragraph (h));

(j) the method the fuel retailer will use to provide information relating to fuel prices for each of its service stations to the Director;

(k) the trading hours of each of the fuel retailer's service stations;

(l) the brands and types of fuel offered for retail sale at each of the fuel retailer's service stations;

(m) if membership may be required to purchase fuel at any of the fuel retailer's service stations;

(n) any other information required by the Director.

(2) A fuel retailer must provide information under subsection (1)—

(a) if the fuel retailer commences trading on or before the commencement day, within 14 business days after the commencement day; or

(b) if the fuel retailer commences trading after the commencement day, on or before the first day on which the fuel retailer offers any fuel for sale to retail customers.

commencement day means the day on which Part 3 of the Consumer Legislation Amendment Act 2025 comes into operation.

S. 106C inserted by No. 46/2025 s. 23.

106C Confirmation of fuel retailers

On receiving information from a fuel retailer under section 106B, the Director must give the fuel retailer written confirmation if the Director is satisfied that—

(a) the fuel retailer has complied with section 106B; and

(b) the information provided by the fuel retailer is accurate.

S. 106D inserted by No. 46/2025 s. 23.

106D Fuel retailer must update information

A fuel retailer must notify the Director of any change to the information referred to in section 106B within 14 business days after the change.

S. 106E inserted by No. 46/2025 s. 23.

106E Offence to sell fuel without confirmation

A fuel retailer must not offer any fuel for sale, or sell any fuel, to a retail customer unless the fuel retailer has received a notice of confirmation.

Division 3—Fuel price reporting

S. 106F inserted by No. 46/2025 s. 23.

106F Confirmed fuel retailers must provide maximum fuel price to Director

(1) A confirmed fuel retailer must provide to the Director the maximum fuel price at which the retailer intends to offer a type of fuel for sale to retail customers.

(2) The confirmed fuel retailer must provide a maximum fuel price to the Director under subsection (1)—

(a) for each of the retailer's service stations at which the type of fuel is to be offered for sale to retail customers; and

(b) at the prescribed time or, if no time is prescribed, between 8.30 a.m. and 2 p.m. on—

(i) the day before the day on which the price applies; or

(ii) if the price applies for more than one day, the day before the first day on which the price applies; and

(c) in the prescribed form and manner or, if no form or manner is prescribed, in the form and manner approved by the Director.

(3) A confirmed fuel retailer must not, without reasonable excuse, fail to provide a maximum fuel price to the Director in accordance with this section.

(4) For the purposes of subsection (3), it is a reasonable excuse for a confirmed fuel retailer to fail to provide a maximum fuel price in accordance with this section if the retailer is unable to provide the price due to—

(b) in the case of a maximum fuel price that must be provided by way of a software application, the unavailability of that application as a result of circumstances beyond the retailer's control; or

S. 106G inserted by No. 46/2025 s. 23.

106G Offence to sell fuel above the maximum fuel price

(1) A confirmed fuel retailer must not offer a type of fuel for sale to retail customers at a price that is higher than the maximum fuel price that applies to the retailer at the time of the offer.

(2) For the purposes of subsection (1), a maximum fuel price applies to a confirmed fuel retailer for a 24-hour period beginning—

(a) at the prescribed time; or

(b) if no time is prescribed, at 6 a.m. on the day on which the maximum fuel price applies.

S. 106H inserted by No. 46/2025 s. 23.

106H Offence to sell fuel at a price higher than any price at which fuel previously sold that day

(1) A confirmed fuel retailer must not offer a type of fuel for sale to retail customers at a price that is higher than any price at which the retailer has previously offered the type of fuel on the same day.

(2) In this section—

day means the 24-hour period beginning—

(a) at the prescribed time; or

(b) if no time is prescribed, at 6 a.m.

S. 106I inserted by No. 46/2025 s. 23.

106I Notification of change in fuel price

(1) If a confirmed fuel retailer increases or decreases the normal fuel price for a type of fuel on any fuel pump, the retailer must notify the Director—

(a) as soon as practicable, but not more than 30 minutes, after the price is increased or decreased in the fuel pump display; and

(b) in accordance with the regulations (if any).

(2) A confirmed fuel retailer must not, without reasonable excuse, fail to notify the Director in accordance with subsection (1).

(3) For the purposes of subsection (2), it is a reasonable excuse for a confirmed fuel retailer to fail to notify the Director in accordance with subsection (1) if the retailer is unable to notify the Director due to—

(b) in the case of a notification that must be provided by way of a software application, the unavailability of that application as a result of circumstances beyond the retailer's control; or

S. 106J inserted by No. 46/2025 s. 23.

106J Notification of unavailability of fuel

(1) If a fuel offered for retail sale by a confirmed fuel retailer is temporarily unavailable, the retailer must notify the Director as soon as reasonably practicable.

(2) A confirmed fuel retailer must not, without reasonable excuse, fail to notify the Director in accordance with subsection (1).

(3) For the purposes of subsection (2), it is a reasonable excuse for a confirmed fuel retailer to fail to notify the Director in accordance with subsection (1) if the retailer is unable to notify the Director due to—

(b) in the case of a notification that must be provided by way of a software application, the unavailability of that application as a result of circumstances beyond the retailer's control; or

S. 106K inserted by No. 46/2025 s. 23.

106K Confirmed fuel retailers may decrease normal fuel price

Nothing in this Part prevents a confirmed fuel retailer—

(a) offering a fuel for sale to retail customers at a price lower than the maximum fuel price that applies to the retailer in relation to that fuel at the time of the offer; or

(b) decreasing the normal fuel price at any time.

Division 4—Information sharing

S. 106L inserted by No. 46/2025 s. 23.

106L Collection, use, disclosure and publication of information relating to fuel prices

(1) Subject to anything to the contrary in this Act or any other Act, the Director may collect, use, disclose or publish any information or data if the collection, use, disclosure or publication is necessary for the Director to perform a function or exercise a power under this Part.

(2) Without limiting subsection (1), the Director may disclose or publish the following information for the purposes of making that information publicly available or protecting the interests of consumers—

(a) the business logos and trading names of fuel retailers;

(b) the street address and geographical locations of service stations;

(c) the trading hours and telephone numbers of service stations;

(d) the brands and types of fuel offered for sale to retail consumers at service stations;

(e) the normal fuel prices and maximum fuel prices for types of fuel offered for sale at service stations;

(f) whether membership is required to purchase fuel at service stations.

Chapter 6—Consumer Affairs Victoria

Part 6.1—Administration

107 Director of Consumer Affairs Victoria

There is to be a Director of Consumer Affairs Victoria employed under Part 3 of the Public Administration Act 2004.

108 Staff

There may be employed under Part 3 of the Public Administration Act 2004 any other employees that are necessary for the administration of this Act.

109 Functions of the Director

The Director has the following functions—

(a) to advise persons of their rights and obligations under this Act or a Consumer Act;

(b) to receive complaints from persons and to deal with them in accordance with this Act or a Consumer Act;

(c) to monitor compliance with this Act and the regulations and the Consumer Acts and the regulations under the Consumer Acts;

(d) to prepare and publish guidelines in relation to the operation and enforcement of this Act or the regulations or a Consumer Act or the regulations under a Consumer Act;

(e) to investigate breaches of this Act or the regulations or of a Consumer Act or the regulations under a Consumer Act;

(f) to prosecute breaches of this Act or the regulations or of a Consumer Act or the regulations under a Consumer Act;

(g) to institute and defend proceedings to achieve the purposes of this Act or the purposes of a Consumer Act;

(h) to encourage the preparation and use of codes of practice for guidance in safeguarding and promoting the interests of purchasers of goods and services;

(i) to prepare codes of practice safeguarding and promoting the interests of purchasers of goods and services and submit those codes of practice to the Minister for inclusion in the regulations under this Act;

(j) in respect of matters affecting the interests of purchasers and suppliers—

(i) to investigate those matters; and

(ii) to conduct research; and

(iii) to collect and collate information;

(k) to report to the Minister on any matter in relation to fair trading which he or she has investigated, either on his or her own motion or at the request of the Minister;

(l) to educate and inform people on fair trading issues;

S. 109(la) inserted by No. 46/2025 s. 24.

(la) to collect and publish information relating to the prices at which fuel is offered for sale to retail customers including, but not limited to, normal fuel prices, maximum fuel prices and information relating to fuel retailers;

(m) any power that, before the repeal of the Companies (Administration) Act 1981, could be exercised by the Commissioner for Corporate Affairs under that or any other Act, including the power to commence proceedings under section 10 of that Act;

(n) any other function conferred on the Director by or under this Act or any other Act.

110 Powers of the Director

The Director has all the powers necessary to perform his or her functions.

S. 111 substituted by No. 12/2015 s. 9.

111 Powers of delegation

(1) Subject to subsection (2), the Director, by instrument, may delegate to any person or class of person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act, any of the Director's functions or powers under this Act, other than this power of delegation.

(2) The Director may only delegate under subsection (1) the Director's powers under section 126 to—

(a) an executive within the meaning of the Public Administration Act 2004; or

(b) a person with a classification of Grade 6 or Senior Technical Specialist.

112 Director's report

(1) The Director must submit an annual report on the operation of this Act to the Minister on or before 31 December in each year.

(2) The Minister must cause a report received under subsection (1) to be laid before each House of Parliament within 21 sitting days of that House after it is received.

Part 6.2—Powers of Director

Division 1—Disputes

113 Making a complaint

(1) Any person may complain to the Director about any matter which the Director has power to refer to conciliation under section 114.

(2) A person may complain to the Director in writing.

(3) The Director may ask a person who has made a complaint to give more information about the complaint within the time fixed by the Director.

(4) A person who has made a complaint must give his or her name to the Director and such other information relating to his or her identity as the Director may require.

114 Conciliation and mediation

(1) The Director may refer to a consumer affairs employee for conciliation or mediation any dispute—

(a) between a purchaser (who is a natural person) or a possible purchaser (who is a natural person) and a supplier about a supply or possible supply of goods or services in trade or commerce;

(b) between a consumer (other than a natural person) or a possible consumer (other than a natural person) and a supplier about a supply or possible supply of goods or services in trade or commerce.

Section 3 of the Australian Consumer Law (Victoria) defines consumer.

(2) A dispute referred to a consumer affairs employee under subsection (1) must be reasonably likely to be settled.

(3) If the whole or any part of a dispute under subsection (1) falls within the jurisdiction of any prescribed person or body, the Director must refer the dispute, or that part of the dispute, to the person within whose jurisdiction it falls.

(4) Subsection (1) applies whether or not a person has made a complaint under section 113.

consumer affairs employee means any person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act.

115 Powers of the Director in relation to proceedings on behalf of consumers

(1) The Director may, subject to this section, institute or continue proceedings on behalf of, or defend proceedings brought against, a person or persons in respect of a consumer dispute.

(2) The Director must not, under subsection (1), institute or continue or defend proceedings unless the Director is satisfied—

(a) that the person or persons have a good cause of action or a good defence to an action relating to the consumer dispute; and

(b) that the person or persons are not bringing proceedings against a natural person who is acquiring goods or services of a kind ordinarily used for personal, household or domestic purposes; and

(c) that it is in the public interest to institute, continue or defend proceedings on behalf of the person or persons.

(3) The Director must not, under subsection (1), institute, continue or defend proceedings on behalf of a person or persons unless—

(a) the person has or the persons have given consent in writing; or

(b) in the case of group proceedings or representative proceedings, the representative party has given consent; or

(c) the proceedings are instituted, continued or defended under a provision of an Act that expressly provides that the consent of the person on whose behalf the proceedings are instituted, continued or defended is not required for the purposes of this section.

Note to s. 115(3) amended by No. 45/2018 s. 369.

See, for example, section 209 of the Residential Tenancies Act 1997.

(4) After consent has been given under subsection (3)(a) or (b), the Director may institute or continue a proceeding or defence on behalf of a person or persons even if the person or any of the persons revokes the consent.

consumer dispute means a dispute between a purchaser or purchasers or a possible purchaser or purchasers and a supplier about a supply or supplies or possible supply or supplies of goods or services in trade or commerce, other than a dispute under or in relation to the National Consumer Credit Protection Act 2009 of the Commonwealth;

proceeding includes group proceeding and representative proceeding.

This section is not intended to displace or limit the procedures for applications under section 149 or 277 of the Australian Consumer Law (Victoria).

116 Proceedings and costs

(1) If the Director institutes, continues or defends proceedings on behalf of a person under section 115—

(a) the Director may settle the proceedings either with or without obtaining judgment in the proceedings; and

(b) if a judgment is obtained in the proceedings in favour of the person, the Director may take such steps as are necessary to enforce the judgment; and

(c) subject to subsections (2) and (3), an amount (other than an amount in respect of costs) recovered by the Director in respect of the person in the proceedings is payable to the person; and

(d) an amount in respect of costs recovered in the proceedings is payable to the Director; and

(e) subject to subsection (2), the person is liable to pay an amount (not being an amount of costs) awarded against the person in the proceedings; and

(f) the Director is liable to pay the costs of or incidental to the proceedings that are payable by the person.

(2) If the Director institutes, defends or continues proceedings on behalf of a person without that person's consent or after the person revokes the consent to the institution, defence or continuation of the proceedings—

(a) the Director must compensate the person for—

(i) any loss suffered as the result of the loss of any settlement offer made to the person; and

(ii) out-of-pocket expenses incurred by the person during the proceedings after the revocation of consent; and

(b) the Director is liable to pay any amount awarded against the person in the proceedings.

(3) If the Director institutes, defends or continues proceedings on behalf of a person without that person's consent or after the person revokes the consent to the institution, defence or continuation of the proceedings, any amount recovered by the Director in respect of the person in the proceedings (including any amount for costs) that exceeds the amount payable to the person under subsection (2) may be applied to the payment of the costs of, and incidental to, the proceedings for which the Director is liable or that are incurred by the Director in relation to the proceedings.

(4) If, in proceedings instituted, continued or defended on behalf of a person under section 115—

(a) a party to the proceedings files a counterclaim; or

(b) the person is entitled to file a counterclaim—

and the counterclaim is not or would not be related to the proceedings and to the interests of the person in the dispute, the Director may apply to the court or VCAT hearing the proceedings for an order that the counterclaim not be heard in the course of those proceedings.

(5) If the court or VCAT makes an order under subsection (4), the court or VCAT may make any ancillary or consequential orders that it thinks just.

117 Grants of legal assistance

(1) The Director may grant legal assistance to a person who claims to be involved in a consumer dispute if the person—

(a) wishes to bring legal proceedings (other than criminal proceedings) arising out of the supply or the failure to supply to the person of goods or services or the disposal to the person of an interest in land; or

(b) wishes to make an appeal or seek judicial review in relation to legal proceedings of a kind referred to in paragraph (a); or

(c) is a party to legal proceedings or proceedings relating to an appeal or review referred to in paragraph (a) or (b).

(2) For the purposes of subsection (1), the Director—

(a) must be satisfied that the person has reasonable grounds for bringing, or being a party to, the proceedings; and

(b) must be of the opinion that it is desirable, in the general interests of consumers or of any class of consumers, that assistance should be granted; and

(c) must obtain the written approval of the Minister to grant the assistance.

(3) Despite subsections (1) and (2), the Director may decide not to grant assistance if the Director is of the opinion that it should not be granted because of the person's financial position.

(4) If the Director decides to grant assistance under subsection (1)—

(a) the Director must notify the person to whom the assistance is being granted; and

(b) the person must not, without the consent of the Director, withdraw from the proceedings or discharge any Australian legal practitioner acting in the proceedings.

(5) Assistance granted under this section does not extend to expenses other than—

(a) the costs of legal representation; and

(b) prescribed expenses.

(6) Expenses incurred in the provision of assistance under this section and court fees must be met out of money from the Consolidated Fund, which is, to the necessary extent, appropriated accordingly.

(7) In this section, consumer dispute has the same meaning as it has in section 115.

118 Costs and expenses relating to proceedings to which assisted person is a party

(1) If a person is granted assistance under section 117, the court must, in making an order for costs—

(a) in favour of the assisted person—make the same order (except against another assisted person) as the court would have made in favour of the assisted person if the person had not been an assisted person; or

(b) against the assisted person—make the same order (except in favour of another assisted person) as the court would have made against the assisted person if the person had not been an assisted person.

(2) If an order for costs is made under subsection (1)(a)—

(a) the costs are payable to the Director instead of the person in whose favour the order is made;

(b) the costs may be recovered by the Director as a debt due to the Crown;

(c) the costs, upon being paid to or recovered by the Director, must be paid into the Consolidated Fund.

(3) If an order for costs is made under subsection (1)(b), the costs must be paid by the Director.

(4) Except in the case of costs payable to the Director, money awarded by a court in favour of an assisted person is payable to the person without deduction.

Division 2—Show cause notices

119 Show cause notice

(1) The Director may, by notice in writing, require a supplier to show cause why the supplier should be allowed to continue carrying on the business of supplying goods or services.

(2) The Director may issue a notice under subsection (1) if the Director is of the opinion that there are reasonable grounds to believe that—

(a) the supplier has engaged in conduct that contravenes this Act or the regulations; and

(b) it is likely that the supplier will continue to engage in that conduct; and

(c) there is a danger that a person may suffer harm, loss or damage as a result of that conduct unless action is taken urgently.

(3) A notice under subsection (1) must—

(a) be served—

(i) personally on a supplier who is a natural person; or

(ii) at the registered office and the last known business address of a supplier that is a corporation; or

(iii) at the last known business address of a supplier that is a body corporate, other than a corporation;

(b) specify the conduct which the supplier is believed to have engaged in;

(c) state the time period within which the supplier must respond to the notice, that time period being not less than 14 days from the date of service of the notice;

(d) state what steps need to be taken by the supplier to respond to the notice;

(e) state the consequences for the supplier of not responding to the notice.

(4) Despite subsection (3)(a)(i), if, on the application of the Director, it appears to VCAT that service cannot be promptly effected on a supplier who is a natural person, VCAT may order that the notice be served—

(a) by sending it by post, facsimile or other electronic transmission to the supplier at his or her usual or last known residential or business address; or

(b) by leaving it at the supplier's usual or last known residential or business address with a person on the premises who is apparently at least 16 years old and apparently residing or employed there.

(5) If a supplier has not responded to a notice under this section in accordance with subsection (3) within the period specified in the notice, the supplier must, at the end of that period, cease to carry on a business of supplying goods or services to which the notice relates or any business of a like kind.

Penalty: 600 penalty units, in the case of a natural person;

(6) A supplier to whom a notice under this section applies may apply to VCAT for a review of the decision to issue the notice.

(7) A supplier must not, in response to the notice, make a statement to the Director that is false or misleading in a material particular.

Penalty: 600 penalty units, in the case of a natural person;

Division 3—Licence suspension

120 Director may suspend licence

(1) Despite anything to the contrary in a business licensing Act or any other Act or law other than this Division, the Director may suspend a licence by notice in writing issued to the licensee.

(2) The Director may only suspend a licence under this section if the Director has reasonable grounds to believe that—

(a) the licensee has engaged in conduct that under the relevant business licensing Act would constitute grounds for the initiation of disciplinary action against the licensee or the bringing of proceedings for an offence or for an injunction; and

(b) it is likely that the licensee will continue to engage in that conduct; and

(c) there is a danger that a person may suffer substantial harm, loss or damage as a result of that conduct unless action is taken urgently.

(3) A notice under subsection (1)—

(a) must be served—

(i) personally on a licensee who is a natural person; or

(ii) at the registered office and the last known business address of a licensee that is a corporation; or

(iii) at the last known business address of a licensee that is a body corporate, other than a corporation;

(b) must specify the conduct which the licensee is believed to have engaged in;

(c) must state the rights of review open to the licensee;

(d) has effect, whether or not the licensee has been afforded an opportunity to be heard on the matter.

(4) Despite subsection (3)(a)(i), if, on the application of the Director, it appears to VCAT that service cannot be promptly effected on a licensee who is a natural person, VCAT may order that the notice be served—

(a) by sending it by post, facsimile or other electronic transmission to the person at his or her usual or last known residential or business address; or

(b) by leaving it at the person's usual or last known residential or business address with a person on the premises who is apparently at least 16 years old and apparently residing or employed there.

(5) The suspension takes effect on the service of the notice.