Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010

Schedule 7 Transitional matters

   

1  Definitions

In this Schedule:

Australian Consumer Law has the same meaning as in Part XI of the Competition and Consumer Act 2010 as substituted by Schedule 2 to this Act.

Commonwealth Minister has the same meaning as in the Australian Consumer Law.

2  Declarations of goods to be unsafe goods

A notice under subsection 65C(5) of the Trade Practices Act 1974 that was in force immediately before the commencement of this item continues in force after that commencement as if:

                     (a)  it were an interim ban imposed under section 109 of the Australian Consumer Law by the Commonwealth Minister; and

                     (b)  it starts on the day of that commencement.

3  Permanent bans

A notice under subsection 65C(7) of the Trade Practices Act 1974 that was in force immediately before the commencement of this item continues in force after that commencement as if it were a permanent ban imposed under section 114 of the Australian Consumer Law.

4  Prescribed consumer product safety standards

A prescribed consumer product safety standard under section 65C of the Trade Practices Act 1974 that was in force immediately before the commencement of this item continues in force after that commencement as if it were a safety standard made under section 104 of the Australian Consumer Law.

5  Prescribed consumer product information standards

A prescribed consumer product information standard under section 65D of the Trade Practices Act 1974 that was in force immediately before the commencement of this item continues in force after that commencement as if it were an information standard made under section 134 of the Australian Consumer Law.

6  Acts or omissions that occurred before commencement

(1)       The Trade Practices Act 1974 as in force immediately before the commencement of this item continues to apply, after that commencement, in relation to acts or omissions that occurred before that commencement.

(2)       Without limiting subitem (1), action may be taken, under or in relation to Part VC or VI of that Act as so in force, in relation to those acts or omissions.

7  Proceedings already commenced

(1)       The Trade Practices Act 1974 as in force immediately before the commencement of this item continues to apply to or in relation to any proceedings, under or in relation to that Act, that were commenced, but not concluded, before that commencement.

(2)       However, to the extent that any such proceeding are proceedings for an injunction under section 80 of that Act as so in force, the proceedings are taken, after that commencement, to be proceedings for an injunction under section 232 of the Australian Consumer Law.

8  Unfair contract terms

(1)       Part 2-3 of the Australian Consumer Law applies to a contract entered into on or after the commencement of this item.

(2)       That Part does not apply to a contract entered into before that commencement. However:

                     (a)  if the contract is renewed on or after that commencement—that Part applies to the contract as renewed, on and from the day (the renewal day ) on which the renewal takes effect, in relation to conduct that occurs on or after the renewal day; or

                     (b)  if a term of the contract is varied on or after that commencement, and paragraph (a) has not already applied in relation to the contract—that Part applies to the term as varied, on and from the day (the variation day ) on which the variation takes effect, in relation to conduct that occurs on or after the variation day.

(3)       If paragraph (2)(b) applies to a term of a contract, subsection 23(2) and section 27 of the Australian Consumer Law apply to the contract.

(4)       Despite paragraphs (2)(a) and (b) and subitem (3), that Part does not apply to a contract, or a term of a contract, to the extent that the operation of that Part would result in an acquisition of property (within the meaning of paragraph 51(xxxi) of the Constitution) from a person otherwise than on just terms (within the meaning of that paragraph of the Constitution).

9  Requests for itemised bills

Section 101 of the Australian Consumer Law does not apply in relation to a supply of services to the extent that the services were supplied before the commencement of this item.

10  Pecuniary penalties—having regard to previous findings

The reference in paragraph 224(2)(c) of the Australian Consumer Law to proceedings under Chapter 4 or Part 5-2 of Schedule 2 includes a reference to proceedings, commenced before the commencement of this item, under or in relation to:

                     (a)  Part VC or VI of the Trade Practices Act 1974 ; or

                     (b)  equivalent provisions of a law of a State or a Territory.

11  Regulations relating to professional standards laws

Regulations made for the purposes of section 87AB of the Trade Practices Act 1974 that were in force immediately before the commencement of this item have effect, after the commencement of this item, as if they had been made for the purposes of section 137 of that Act as amended by this Act.

12  General power for regulations to deal with transitional matters

The Governor-General may make regulations prescribing matters of a transitional, application or saving nature in relation to the amendments and repeals made by the Schedules to this Act.