59Incorporation of Australian Consumer Law and Fair Trading Act 2012 enforcement provisions

59 Incorporation of Australian Consumer Law and Fair Trading Act 2012 enforcement provisions

(1) Sections 195 and 196 and Part 8.2 (other than sections 205, 206, 207, 210, 211 and 214) of the Australian Consumer Law and Fair Trading Act 2012 extend and apply (with any necessary modifications) to this Act as if a reference in any of those provisions to that Act were a reference to this Act.

(2) For the purposes of subsection (1)—

(a) 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 sections 60 to 81); 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 (1)) against a person alleged to have contravened a provision of this Act (except sections 60 to 81); 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 (1));

(b) section 213 of the Australian Consumer Law and Fair Trading Act 2012 applies as if in subsection (1), the words "in relation to a contravention of a prescribed provision" were omitted and subsections (4) and (5) were omitted.

S. 59(3) inserted by No. 12/2015 s. 21(Sch. 1 item 12).

(3) In this section—

this Act includes the regulations.

Note to s. 59 substituted by No. 21/2012 s. 239(Sch. 6 item 45.4).

Sections 201, 202, 203 and 204 are in Part 8.2 of the Australian Consumer Law and Fair Trading Act 2012 and are in respect of applications for injunctions where any provision of that Act, and by incorporation, any provision of this Act, is being contravened.

Under section 201, the Minister, Director or any other person may apply to the Supreme Court, County Court or Magistrates' Court for the grant of an injunction to restrain a person's conduct.

Under section 202, the Minister, Director or any other person may apply to the Supreme Court or the County Court for the grant of an injunction requiring a person to do any act or thing.

Under section 203(1), the Supreme Court, County Court or Magistrates' Court may grant an interim injunction pending determination of an application under section 201.

Under section 203(2), the Supreme Court or County Court may grant an interim injunction pending determination of an application under section 202.