Penalties - Australian Consumer Law and Fair Trading Act 2012 (Vic)

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The value of a penalty unit is $158.57 for financial year 2017-18. This amount will change at the start of each financial year. For more information, visit the Indexation of fees and penalties page on the Department of Treasury and Finance website.

Your obligation

Maximum penalty for breaching your obligation

Section of the Australian Consumer Law and Fair Trading Act 2012 (Vic)

You must not include prohibited terms in a contract for the supply of goods or services.

Such terms include those that limit, change or exclude a person’s rights to a remedy if you breach a warranty you have given, or a representation you have made during negotiations, before they enter into the contract.

60 penalty units (person),

120 (body corporate)

30

You must not engage in prohibited debt collection practices. These include*:

  • using physical force, undue harassment or coercion;
  • entering or threatening to enter a private residence without lawful authority;
  • using any threat, deception or misrepresentation to obtain consent to enter a private residence;
  • refusing to leave a private residence or workplace when requested to do so; or
  • doing or threatening to do any act that may intimidate a person or a member of that person's family.

* for a complete list see section 45(1) of the Act

240 penalty units (person),

1,200 (body corporate)

45(1)

You must not engage in debt collection if you are a ‘prohibited person’. This includes* where you have:

  • been found to be an insolvent under administration;
  • in the past five years, held a private security licence under the Private Security Act 2004 that was cancelled or suspended under section 56 or 61 of that Act;
  • in the past five years, held a private security registration under the Private Security Act 2004 that has been cancelled or suspended under section 111 or 116 of that Act; or
  • in the past five years, been found guilty or convicted of an offence involving fraud, dishonesty, drug trafficking or violence punishable by imprisonment of three months or more.

* for a complete list see section 47(2) of the Act

240 penalty units or two years imprisonment (person),

1,200 (body corporate)

47(2)

You must comply with any conditions imposed by the Business Licensing Authority on any permission granted to engage in debt collection.

240 penalty units or two years imprisonment (person),

1,200 (body corporate)

50(3)

You must not charge a debtor for your costs connected with collecting payment of their debt.

120 penalty units

52(1)

If you are prohibited from engaging in debt collection, you must not knowingly purchase or accept a consumer debt from a creditor for the purpose of collecting that debt.

240 penalty units or two years imprisonment (person),

1,200 (body corporate)

53

You must not dispose of a high value motor vehicle ($1,000 and over) unless you have obtained a written search result of the Commonwealth Personal Property Securities Register.

60 penalty units (person),

120 (body corporate)

63

Within seven days of disposing of uncollected goods without a court order, you must prepare a record of the disposal containing specific information, including* the date and manner of disposal.

* for a complete list see section 74 of the Act

10 penalty units (person),

50 (body corporate)

74

If you sell an uncollected vehicle without a court order, you must provide the purchaser with a receipt containing specific information, including* your name and address, the vehicle's last registration number (if available) and vehicle identification number.

* for a complete list see section 76 of the Act

10 penalty units (person),

50 (body corporate)

76

A credit reporting agent must comply with a court order.

60 penalty units or six months imprisonment

80(3)

You must not act as an introduction agent on any premises occupied by a sex work service provider and on (or from) which the sex work service provider is operating a brothel or escort agency.

240 penalty units

84(1)

You must not act as an introduction agent if you meet certain criteria, including if you*:

  • are under 18 years of age
  • are insolvent under administration
  • have been found guilty of a serious offence within the last five years.

* for a complete list see section 92(1) of the Act

120 penalty units or imprisonment for 12 months

92(1)

If you are a company, you must not act as an introduction agent if you meet certain criteria, including* if:

  • one or more of your directors is disqualified from acting as an introduction agent
  • you have been found guilty of a serious offence within the last five years.

* for a complete list see section 92(2) of the Act

600 penalty units

92(2)

You must comply with any conditions imposed by the Business Licensing Authority on any permission granted to act as an introduction agent.

120 penalty units or 12 months imprisonment (person)

600 (body corporate)

95(3)

You must ensure that an introduction agreement contains certain prescribed information, including*:

  • the names, addresses and telephone numbers of the parties to the agreement
  • a full description of the service to be provided by the agent under the agreement
  • the terms on which the service is offered
  • the price of the service and the method of payment.

* for a complete list see section 97 of the Act

240 penalty units

97

Before any part of an introduction service is provided, you must not demand or receive, an amount more than 30 per cent of the price at which you agree to provide the service.

240 penalty units

98(1)

If required to refund money to a person (because they wish to withdraw from an introduction agreement) during the cooling off period, you must do so within seven days after receiving the notice of withdrawal.

240 penalty units

99

You must cease supplying the goods or services if you have not responded to a related show cause notice by the end of the time period stipulated, which has been served on you by the Director of Consumer Affairs Victoria.

600 penalty units (person),

1,200 (body corporate)

119(5)

In responding to a show cause notice, you must not make a false or misleading statement to the Director of Consumer Affairs.

600 penalty units (person),

1,200 (body corporate)

119(7)

When you receive a statutory request to provide information or produce documents to assist the Director of Consumer Affairs Victoria in monitoring your compliance with the Act or Regulations, you must not:

(a) refuse or fail to comply to the extent that you are capable of complying with it;

(b) knowingly provide false or misleading information or evidence;

(c) obstruct or hinder the Director in exercising a power under this section.

20 penalty units

125(2)

When you receive a statutory request to provide information, give evidence or produce documents relating to a breach (or potential breach) of the Act or Regulations, you must not:

(a) refuse or fail to comply, to the extent that you are capable of complying with it;

(b) knowingly provide false or misleading information or evidence;

(c) obstruct or hinder the Director in exercising a power under this section.

60 penalty units

126(3)

You must comply with a code of practice prescribed under this Act.

20 penalty units

141

You must not remove goods embargoed during an emergency search of premises.

60 penalty units

154(7)

You must not sell, lease, move, transfer or otherwise deal with embargoed goods.

60 penalty units

162(4)

You must not, without reasonable excuse, refuse or fail to comply with a requirement of the Director of Consumer Affairs Victoria, or an inspector, during the execution of any authorised inspection powers under the Act.

60 penalty units

169

You must not give information to an inspector that you believe to be false or misleading, or produce a document you know to be false or misleading without indicating how it is false or misleading and, if practicable, providing correct information.

60 penalty units

171

You must not, without reasonable excuse, hinder or obstruct an inspector exercising their powers.

60 penalty units

172

If you are not an inspector appointed under the Australian Consumer Law and Fair Trading Act 2012, you must not hold yourself out to be one.

60 penalty units

173

You must comply with any court order prohibiting the payment of money or transfer of other property.

240 penalty units (person),

600 (body corporate)

212(5)

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