Part 2Transitional matters for Consumer Affairs and Fair Trading

Part 2 Transitional matters for Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010 amendment Act means the Consumer Affairs and Fair Trading Amendment (National Uniform Legislation) Act 2010. commencement means the commencement of section 13 of the amendment Act. new Act means the Consumer Affairs and Fair Trading Act 1990 as in force immediately after the commencement. old Act means the Consumer Affairs and Fair Trading Act 1990 as in force immediately before the commencement. 2 Interpretation Act 1978 not affected This Part does not limit Part III of the Interpretation Act 1978. 3 Authorised officers A person who, immediately before the commencement, was an authorised officer for the purposes of a Part of the old Act is taken to be an authorised officer for the same Part of the new Act. 4 Proceedings already commenced (1) The old Act continues to apply to or in relation to any proceedings under or in relation to the old Act that were commenced, but not concluded, before the commencement. (2) However, to the extent any such proceedings are proceedings for an injunction under section 89 of the old Act, the proceedings are taken, after the commencement, to be proceedings for an injunction under section 232 of the Australian Consumer Law (NT). Consumer Affairs and Fair Trading Act 1990 150 5 Sale price of motor vehicle partly recoverable if certain offence committed (1) This paragraph applies if: (a) before or after the commencement, a person is found guilty of an offence consisting of a contravention of section 44 of the old Act committed by falsely stating: (i) the year in which a motor vehicle was manufactured or first registered; or (ii) the model designation of the vehicle; and (b) a person (the purchaser) purchased the motor vehicle relying on the statement; and (c) before the commencement, the purchaser had not made an application under section 162(1). (2) The purchaser may apply to the Commissioner for an order under section 162(2). (3) The application must be dealt with as if it were made under section 162(1). 6 Unfair contract terms (1) Part 2-3 of the Australian Consumer Law (NT) applies to a contract entered into on or after the commencement. (2) If an old contract is renewed on or after the commencement, Part 2-3 of the Australian Consumer Law (NT) applies to the contract on and from the day on which the renewal takes effect, in relation to conduct that occurs on or after that day. (3) If a term of an old contract (to which subparagraph (2) has not already applied) is varied on or after the commencement: (a) Part 2-3 of the Australian Consumer Law (NT) applies to the term as varied on and from the day on which the variation takes effect, in relation to conduct that occurs on or after that day; and (b) sections 23(2) and 27 of the Australian Consumer Law (NT) apply to the contract. Consumer Affairs and Fair Trading Act 1990 151 (4) In this paragraph: old contract means a contract entered into before the 7 Requests for itemised bills Section 101 of the Australian Consumer Law (NT) does not apply in relation to a supply of services to the extent the services were supplied before the commencement. 8 Pecuniary penalties – having regard to previous findings The reference in section 224(2)(c) of the Australian Consumer Law (NT) to proceedings under Chapter 4 or Part 5-2 of the Australian Consumer Law (NT) includes a reference to proceedings, commenced before the commencement, under or in relation to: (a) Part 6 of the old Act; or (b) Part VC or VI of the Trade Practices Act 1974 (Cth); or (c) equivalent provisions of a law of a State or another Territory.