Fair Trading (Australian Consumer Law) Amendment Bill 2010 (Qld)

Fair Trading (Australian Consumer Law) Amendment Bill 2010

Fair Trading (Australian Consumer Law) Amendment Bill 2010

Amendments agreed to during Consideration

'S3A

Clause 18 (Replacement of pt 3 (Trade practices))

Page 55, after line 25—

insert—

Interpretation of unsolicited consumer agreement permitted hours provisions and termination period provision

'()

(2)

'3)

(4)

In a permitted hours provision, for applying the definition unsolicited consumer agreement as provided for in the Australian Consumer Law (Queensland), section 69, subsection (1) of that section is taken not to include paragraph

(d).

In the termination period provision, for applying the definition unsolicited consumer agreement as provided for in the Australian Consumer Law (Queensland), section 69, subsection (1) of that section is taken not to include paragraph (d), but only if the Australian Consumer Law (Queensland), section 73 was contravened in relation to the agreement the subject of termination.

If an agreement is terminated under the termination period provision because of the operation of subsection (2) of this section, the agreement is taken to be, for any related provision, an unsolicited consumer agreement terminated in accordance with the termination period provision.

In this section— permitted hours provision means—-

(a) the Australian Consumer Law (Queensland), section 73; or

(b) the Australian Consumer Law (Queensland), section

170.

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Fair Trading (Australian Consumer Law) Amendment Bill 2010

related provision means a section of the Australian Consumer Law (Queensland) that refers to an unsolicited consumer agreement terminated in accordance with section 82 of that aw.

termination period provision means the Australian Consumer Law (Queensland), section 82.'.

Clause 57 (Insertion of new pt 10)

Page 79, line 6— omit, insert—