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Fair Trading (Australian Consumer Law) Act 1992
55Commissioner may begin or defend legal proceeding on
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55 Commissioner may begin or defend legal proceeding on
behalf of consumer
(1) This section applies if a complaint or other matter involving a
consumer is made or referred to the commissioner.
(2) The commissioner may, on behalf of the consumer and either alone
or jointly, begin a legal proceeding against another person or defend
a proceeding brought against the consumer for the purpose of
enforcing or protecting the rights of the consumer in relation to an
infringement, or suspected infringement, by that other person of—
(a) those rights; or
(b) a law in force in the Territory relating to the interests of
consumers.
(3) The commissioner must not begin or defend a proceeding under
subsection (2) unless the commissioner is satisfied that—
(a) the consumer has a cause of action or a good defence to the
proceeding; or
(b) it is otherwise in the public interest to do so.