Consumer Affairs and Fair Trading Act 1990

Businesses operating in the NT: Any person conducting a business in the Territory is subject to the Australian Consumer Law (NT), including the prohibition on misleading or deceptive conduct, consumer guarantees, product safety rules, and ACL enforcement provisions.

Motor vehicle dealers: Must be licensed under Part 10 by the Director. Unlicensed dealing and dealing from unlicensed premises are offences (sections 128, 129). Dealers are subject to conduct obligations including maintaining a dealings register, using approved contract forms for second-hand vehicle sales, and roadworthiness obligations.

Fuel retailers: Under Part 11, service stations must display prices on regulated price boards. Fuel pricing transparency obligations apply to petrol, diesel, LPG, and biodiesel.

Second-hand dealers and pawnbrokers: Subject to licensing and conduct obligations under Parts 13 and 14.

Reporting agencies: Subject to the fair reporting obligations in Part 8, including duties to correct errors and obligations not to disclose prescribed reports without appropriate authority.

Traders receiving prescribed reports: Duty under section 117 to disclose receipt of a prescribed report to the subject of the report in specified circumstances.

The Crown: Bound by the Act (subject to the ACT exceptions in section 3) but not liable to prosecution. Under the ACL provisions, the Crown is not liable to pecuniary penalty (section 38).

ACL compliance: All businesses must comply with the Australian Consumer Law (NT), including: not engaging in misleading or deceptive conduct (ACL s 18); not making false or misleading representations about goods and services (ACL s 29); consumer guarantees for goods and services; product safety standards; and, for consumer contracts, unfair contract term prohibitions.

Motor vehicle dealer licensing (section 128): Must hold a licence before dealing in motor vehicles. A licensed dealer must conduct dealings from licensed premises (section 129).

Dealings register (section 157): Licensed dealers must maintain a register recording details of all vehicles acquired and supplied.

Contract form for second-hand vehicles (section 160): Contracts for the sale of second-hand vehicles must be in the approved form.

Fair reporting duties (section 117): A trader who receives a prescribed report about a consumer must disclose to the consumer, in the prescribed circumstances, that the report was received and the name of the reporting agency.

Correction obligations (section 119): Reporting agencies must correct errors in prescribed reports when notified or discovered.

Information obligations: Persons may be required to provide information to the Commissioner (section 8), authorised officers (section 22), or the Director (section 14). Failure to provide information or providing misleading information is an offence.

Commissioner's information-gathering powers (section 8): The Commissioner may require persons to provide documents, attend and give information, and produce information in connection with the Commissioner's functions.

Authorised officer entry and inspection (sections 20-22): May enter premises at any reasonable time, examine records, take copies, and require persons to answer questions. Entry without consent requires a warrant except in certain circumstances.

Director's licensing powers (section 145): May revoke, suspend, or vary motor vehicle dealer licences on prescribed grounds including character, financial fitness, and compliance history.

Ministerial power over trading stamps (section 124): The Minister may prohibit third-party trading schemes that are harmful to consumers. Contravention of a prohibition order is an offence (section 124A).

Order to preserve money or property (section 45): The Court may make orders to preserve money or other property where it appears that a person has engaged or is proposing to engage in conduct that contravenes the ACL or another provision of the Act.

Delegations: The Commissioner (section 11) and Director (section 17B) may delegate their functions to other persons.

Infringement notices and civil penalties: The Australian Consumer Law (NT) provides for civil penalty orders for many ACL contraventions, including pecuniary penalties calculated based on the body of offending conduct.

Motor vehicle dealer offences: Unlicensed dealing: penalty units specified in section 128. Breach of licence conditions: section 130. Odometer tampering: section 161. Sale without vehicle identification number: section 163.

Information offences: Failure to provide information required under sections 8, 14, or 22 (authorised officer requests): offences under sections 16, 23. Providing misleading information: section 17.

Fair reporting offences (section 121): Contravention of the duties in Part 8, including failure to disclose receipt of a prescribed report or breach of the correction obligations.

Court orders (section 45): The Court may make ancillary orders to preserve assets in consumer protection enforcement proceedings.

ACL complaints: Complaints about ACL contraventions may be made to the Commissioner. The Commissioner may investigate, seek remedies through negotiation, or refer matters for enforcement action.

Motor vehicle dealer licensing: Applications are made to the Director. The Director may seek additional information (section 133), hear objections (section 134), hold inquiries (section 135), and notify decisions (section 139). Licences last for a specified period (section 140). Annual fees and returns are required (section 141).

Fair reporting procedure (section 116): The reporting process must follow the prescribed procedures before a prescribed report can be used.

NTCAT applications: Consumers may apply to the NT Civil and Administrative Tribunal (NTCAT) for alteration of disputed information under section 119A.

Competition and Consumer Act 2010 (Cth): The ACL text is Schedule 2 to this Commonwealth Act. Changes to the ACL text automatically apply in the NT under section 27, unless excluded by regulation under section 28.

Corporations Act 2001 (Cth): The definition of 'officer' in relation to a body corporate references the Corporations Act (section 4(1)).

Criminal Code Act (NT): The Criminal Code applies to offences under Part 5 supporting provisions (section 41).

Legal Profession Act 2006 (NT): Section 46 applies Part 4 (ACL) to bills for legal services under the Legal Profession Act.

Interpretation Act 1978 (NT): The NT Interpretation Act does not apply to the Australian Consumer Law (NT) or instruments under it (section 30(3)).

Acts Interpretation Act 1901 (Cth): Applies as a law of the NT to the Australian Consumer Law (NT) (section 30(1)).

Two sets of consumer law operate together: The Act applies the national ACL as a Territory law, but also contains NT-specific provisions in Parts 8 to 16. A trader may be subject to ACL obligations AND separate NT licensing/conduct obligations simultaneously.

The Commissioner and ACCC are concurrent regulators for some ACL purposes: For product safety (ACL Part 3-3), both the Commissioner and the ACCC are regulators in the NT. For enforcement of Part 3-3, only the ACCC has the relevant powers (section 29(b)(i)). Understanding which body has jurisdiction for a particular ACL provision in the NT requires careful reference to section 29.

Future ACL amendments apply automatically unless excluded: Section 28(1) provides that modifications to the ACL text by Commonwealth law apply automatically in the NT unless excluded by NT regulation within two months. A business that complies with the ACL at a point in time may find its obligations have changed automatically with a Commonwealth amendment.

Recreational services liability limitation: Section 48 limits liability in relation to the supply of recreational services (consistent with the ACL's Schedule 2 provisions). This can affect consumer rights claims in recreational activity contexts.

Misleading advertising by NT retailer: A Darwin retailer advertises that a television has a higher price than its actual market value and then offers a "50% discount". This conduct is misleading and deceptive under ACL section 18 as applied by the Consumer Affairs and Fair Trading Act 1990 (NT). The Commissioner may investigate and seek a pecuniary penalty order.

Second-hand car dealer without licence: An individual in Alice Springs regularly buys and resells used cars without holding a motor vehicle dealer's licence. Under section 128 of the Act, this is an offence. The Director may seek prosecution and order forfeiture of proceeds.

Consumer disputes fuel price board accuracy: A Northern Territory petrol station displays incorrect prices on its price board. The Act's fuel pricing provisions under Part 11 apply. An authorised officer may inspect the station and enforce compliance.

Credit agency report correction: A consumer discovers that a credit report held by a reporting agency contains an incorrect debt listing. Under section 119, the consumer may require the reporting agency to correct the error. If the agency refuses, the consumer may apply to NTCAT under section 119A.