VICIn ForceAct
Retirement Villages Act 1986
40Application of Australian Consumer Law and Fair Trading Act 2012
Start here
Get a plain-English read of 40
Turn the raw legal text into a practical explanation grounded in Retirement Villages Act 1986.
40 Application of Australian Consumer Law and Fair Trading Act 2012
(1) Part 6.4 of the **Australian Consumer Law and Fair Trading Act 2012** (except sections 152, 153 and 175) extends and applies (with any necessary modifications) to this Act as if any reference in that Part to the **Australian Consumer Law and Fair Trading Act 2012** were a reference to this Act.
(2) Sections 125, 195 and 196 and Part 8.2
(except sections 205, 206, 207, 210, 211 and 213) of the **Australian Consumer Law and Fair Trading Act 2012** extend and apply (with any necessary modifications) to 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.
(3) For the purposes of subsection (2)—
(a) section 209 of the **Australian Consumer Law and Fair Trading Act 2012** applies as if a reference in that section to any section of that Act were a reference to that section as applied by subsection (1) or (2);
(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) proceedings for an offence against a provision of this Act (except an offence applied by subsection (1)); 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 (except an offence applied by subsection (1)); 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)).
S. 40(4) inserted by No. 12/2015 s. 21(Sch. 1 item 8).
***this Act*** includes the regulations.
S. 41 substituted by No. 4/2005 s. 18.