Consumer Affairs Legislation Amendment Bill 2014 - Legislation update

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Date
13 August 2014
Category
Legislation updates

The Consumer Affairs Legislation Amendment Bill 2014 amends legislation within the Consumer Affairs Victoria portfolio:

  • Sex Work Act 1994  
  • Motor Car Traders Act 1986
  • Australian Consumer Law and Fair Trading Act 2012
  • Associations Incorporation Reform Act 2012
  • Domestic Building Contracts Act 1995
  • Estate Agents Act 1980
  • Retirement Villages Act 1986
  • Funerals Act 2006
  • Fire Services Levy Monitor Act 2012.

Sex Work Act 1994

Amendments to the Sex Work Act 1994 came into effect on 13 August 2014. The amendments provide that sex work service providers may advertise for staff who will not engage in sex work, such as administrative and cleaning staff.

Motor Car Traders Act 1986

Amendments to the Motor Car Traders Act 1986 are scheduled to come into effect on 3 November 2014.

The amendments:

  • streamline the process for cooling-off in relation to vehicle sales. Instead of the previous cooling-off waiver, the contract of sale will now be required to include a clear and easy-to-understand statement of a purchaser’s cooling-off rights when buying a car
  • clarify which employees are required to provide a police records check when beginning employment with a motor car trader
  • modernise record-keeping requirements
  • remove the right of a prospective purchaser to request the name and address of the former owner of a used vehicle offered for sale by a licensed motor car trader.

These changes will be supported by amendments to the Motor Car Traders Regulations 2008, which will consolidate and simplify a number of prescribed forms and notices.

The amended regulations are currently being drafted and will commence concurrently with the amendments to the Motor Car Traders Act 1986.

Associations Incorporation Reform Act 2012

Amendments to the Associations Incorporation Reform Act 2012 have come into effect.

The amendments:

  • ensure that when a grievance procedure has been initiated in an incorporated association by a member, the association cannot take disciplinary action against that member in respect of that matter before the grievance process has been concluded
  • clarify minor matters in relation to financial reporting
  • require secretaries of incorporated associations to advise the Registrar of Incorporated Associations in writing of changes of address.

Fire Services Levy Monitor Act 2012

Amendments to the Fire Services Levy Monitor Act 2012 came into effect on 13 August 2014.

The amendments clarify and enhance the investigatory and enforcement capacities of the Director of Consumer Affairs Victoria and the Fire Services Levy Monitor.

Australian Consumer Law and Fair Trading Act 2012

Amendments to the Australian Consumer Law and Fair Trading Act 2012 (ACLFTA) will progressively come into effect from 13 August 2014.

The amendments:

  • clarify inspectors’ powers to better enforce the ACLFTA and the Australian Consumer Law
  • provide greater consumer protection by aligning the circumstances in which bodies corporate are prohibited from engaging in debt collection with those applicable to natural persons, subject to the addition of a due diligence exception.

Funerals Act 2006

Amendments to the Funerals Act 2006 came into effect on 13 August 2014.

The amendments abolish the Funeral Industry Ministerial Advisory Council.

Domestic Building Contracts Act 1995

Amendments to the Domestic Building Contracts Act 1995 came into effect on 13 August 2014.

The amendments remove obsolete references to infringement offences in the Act.

Estate Agents Act 1980

Amendments to the Estate Agents Act 1980 came into effect on 13 August 2014.

The amendments:

  • simplify the industry nomination requirements for members of the Estate Agents Council where there are single vacancies
  • clarify the restriction on an agent purchasing property that they had been engaged to sell.

Retirement Villages Act 1986

Amendments to the Retirement Villages Act 1986 came into effect on 13 August 2014.

The amendments:

  • remove a redundant reference to a list in a prescribed form in the definition of residence documents in the Retirement Villages Act 1986
  • repeal a related and now also redundant offence in that Act.

For more information, visit the Consumer Affairs Legislation Amendment Bill 2014 page on the Austlii website.

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