Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSchedule 2 Fair Trading (Consumer Affairs) Act 1973
(see s 3)
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Territory law
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territory law
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his or her
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the commissioner's
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section 7 (1) (b), (c) or (d)
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section 33 (1) (b), (c) or (d)
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under the regulations
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by regulation
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his or her
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the person's
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11 Power not to be exercised before identity card shown
An investigator may exercise a power under a territory law in relation to a person only if the investigator first shows the person the investigator's identity card.
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12A Consent to entry
(1) When asking for the occupier's consent to enter premises under this division, an investigator must—
(a) show the investigator's identity card; and
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fax,
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email,
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section 12E (Power to seize evidence)
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section 45 (Power to seize evidence)
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Territory law
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territory law
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The regulations
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A regulation
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his or her
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the person's
[2.13] Section 13 (1) (a) (i) to (iii)
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stated
[2.14] Section 13 (1) (b) and (c)
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(b) may, on giving a corporation a written warning of its obligation to comply with a requirement under this section, by written notice, require the executive officer of the corporation—
(i) to give to the investigator, by writing signed by the officer, information stated in the notice; and
(ii) to give to the investigator, orally, information stated in the notice; and
(iii) to produce to the investigator a document stated in the notice; and
(c) may require an entity mentioned in paragraph (a) or (b) to give the information or produce the document—
(i) at a place stated in the notice; and
(ii) at or within a time stated in the notice.
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section 12
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section 39
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the investigator's
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(5) In this section:
"executive officer" means a person (however described and whether or not the person is a director of the corporation) who is concerned with, or takes part in, the corporation's management.
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s 13
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s 52
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section 13
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section 52
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15 Secrecy
(1) A person to whom this section applies commits an offence if—
(a) the person—
(i) makes a record of protected information about someone else; and
(ii) is reckless about whether the information is protected information about someone else; or
(b) the person—
(i) does something that divulges protected information about someone else; and
(ii) is reckless about whether—
(A) the information is protected information about someone else; and
(B) doing the thing would result in the information being divulged to someone else.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2) Subsection (1) does not apply if the record is made, or the information is divulged—
(a) under this Act or another law applying in the Territory; or
(b) in relation to the exercise of a function, as a person to whom this section applies, under this Act or another law applying in the Territory.
Note The defendant has an evidential burden in relation to the matters mentioned in ss (2) and (3) (see Criminal Code, s 58).
(3) Subsection (1) does not apply to the divulging of protected information about someone with the person's consent.
(4) A person to whom this section applies commits an offence if, in a criminal proceeding against a defendant, the person divulges protected information to a court, or produces a document to a court, that was given or produced by the defendant in accordance with a requirement under section 13 (1) unless—
(a) the proceeding is for an offence against section 13 (2); or
(b) the proceeding is in respect of the falsity of the information or of a statement in the document.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(5) A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law applying in the Territory.
(6) In this section:
"court" includes a tribunal, authority or person having power to require the production of documents or the answering of questions.
"divulge" includes communicate.
"person to whom this section applies" means a person —
(a) who is or has been—
(i) the commissioner; or
(ii) a member of the staff of the commissioner; or
(b) mentioned in section 7 (2); or
(c) who exercises, or has exercised, a function under this Act.
"produce" includes allow access to.
"protected information" means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else.
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16 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.
16A Commissioner must obtain consent in relation to proceeding
(1) The commissioner must not begin or defend a proceeding under section 16 unless the commissioner has—
(a) the written consent of the consumer; and
(b) the written consent of the Minister.
(2) Nothing in subsection (1) requires the commissioner to obtain the consent of the consumer or the Minister in relation to the defence of a counterclaim, set-off or cross-action.
(3) A consent given under subsection (1) (a) is irrevocable except with the consent of the commissioner.
(4) A consent given under subsection (1) (b) is subject to the conditions the Minister considers appropriate.
16B Conduct of proceeding by commissioner
(1) Subject to section 16A (1), the commissioner may, without consulting or seeking the consent of the consumer, conduct a proceeding under section 16 (2) in the name of the consumer and in the way the commissioner considers appropriate.
(2) For the purpose of conducting a proceeding under section 16 (2), the commissioner has the same rights as the consumer would have had in the conduct of the proceeding, including the right—
(a) to sign documents in connection with the proceeding on behalf of the consumer; and
(b) to settle an action or part of an action; and
(c) to give an undertaking in relation to costs.
16C Court's powers
In a proceeding under section 16 (2), a court has the same powers as it would have had if the proceeding had been begun by the consumer.
16D Recovery of money other than costs
Money (other than costs) recovered by the commissioner as a result of a proceeding under section 16 (2) must be paid to the consumer without deduction.
16E Costs
(1) If an order for costs is made against the consumer in relation to a proceeding under section 16 (2)—
(a) the costs must be paid by the commissioner; and
(b) the order may be enforced against the commissioner as if the commissioner were the consumer; and
(c) the order must not be enforced against the consumer.
(2) If an order for costs is made in favour of the consumer—
(a) the costs are payable to the commissioner; and
(b) the order may be enforced by the commissioner.
16F Commissioner not personally liable
The commissioner is not personally liable as a result of a proceeding under section 16 (2) but any amount that the commissioner becomes liable to pay under section 16E (1) must be paid by the Territory.
relocate to the Fair Trading Act 1992 as part 5 and renumber sections 6 to 16F as sections 32 to 61
relocate to the Fair Trading Act 1992 as schedules 2 and 3