Part 7General

Part 7—General

98 Application of Australian Consumer Law and Fair Trading Act 2012

(1) Sections 125, 126, 152, 172, 173, 176 and 178 of the Australian Consumer Law and Fair Trading Act 2012 apply (with any necessary modifications) in relation to the exercise or attempted exercise of a power of an inspector under Part 6 of this Act as if any reference in those sections to Part 6.4 of that Act were a reference to Part 6 of this Act.

(2) Sections 195 and 196 and Part 8.2 (except section 213) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act and any regulations made under this Act as if any reference in those provisions to the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act and any regulations made under this Act.

(3) For the purposes of subsection (2)—

(a) section 210 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference in that section to Part 3.1, 4.1 or 6.3 of the Australian Consumer Law and Fair Trading Act 2012 were a reference to this Act and any regulations made under this Act; and

(b) section 212 of the Australian Consumer Law and Fair Trading Act 2012 applies as if a reference to prescribed proceedings were a reference to—

(i) a proceeding for an offence against a provision of this Act or any regulations made under this Act; or

(ii) proceedings on an application for an injunction under section 201, 202, or 203 of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (2)) against a person alleged to have contravened a provision of this Act or any regulations made under this Act; or

(iii) proceedings on an application for an order under section 216, or for damages under section 217, of the Australian Consumer Law and Fair Trading Act 2012 (as applied by subsection (2)).