1 Name of Act
2 Commencement
3 Extent to which Act binds the Crown
4 Definitions
5 (Repealed)
5A Extraterritorial application
Division 1 Director-General and staff
6 Control and direction by Minister
7 (Repealed)
8 Delegation by Director-General
9 Functions of Director-General
9A Exchange of information
10 Exclusion of liability
11 Annual report
11A Definition of court
12 Making of application for legal assistance
13 Grant of legal assistance
14 Assignment to Australian legal practitioner of case of assisted person
15 Court proceedings to which assisted person is a party
16 Costs and expenses etc relating to proceedings to which assisted person is a party
17 Privilege attaching to certain relationships
Part 2A Provisions relating to investigations
Division 1 Powers relating to investigations
18 Office and identification of investigator
19 Powers of entry
19A Powers of search and seizure under search warrant
20 Power to obtain information, documents and evidence
21 Inspection of documents by Director-General and others
22 Preservation of secrecy
23 Obstruction etc of officers
Division 2 Seized property and disposal of certain property
23A Dealing with seized property
23B Court orders relating to disposal of certain consumer goods
23C Disposal of property
23D Embargo notices
23E Embargo period for embargo notices
23F Multiple embargo notices for the same consumer goods or product related services
23G Powers of investigators to secure consumer goods
23H Consent to deal with embargoed consumer goods or equipment or supply product related services
23I Compliance with embargo notices
Part 2B Products Safety Committee and advisory bodies
Division 1 Products Safety Committee and advisory committees
24 Products Safety Committee
25 Advisory committees
Division 2 Fair Trading Advisory Council
25A Establishment
25B Membership
25C Functions
Division 3 Motor Vehicle Industry Advisory Council
25D Establishment
25E Membership
25F Functions
Division 4 Property Services Advisory Council
25G Establishment
25H Membership
25I Functions
Division 5 Retirement Villages Advisory Council
25J Establishment
25K Membership
25L Functions
Part 3 The Australian Consumer Law
26 Definitions
Division 2 Application of Australian Consumer Law
27 The Australian Consumer Law text
28 Application of Australian Consumer Law
29 Future modifications of Australian Consumer Law text
30 Meaning of generic terms in Australian Consumer Law for purposes of this jurisdiction
31 Interpretation of Australian Consumer Law
32 Application of Australian Consumer Law
Division 3 References to Australian Consumer Law
33 References to Australian Consumer Law
34 References to Australian Consumer Law of other jurisdictions
Division 4 Application of Australian Consumer Law to Crown
35 Division does not apply to Commonwealth
36 Application law of this jurisdiction
37 Application law of other jurisdictions
38 Activities that are not business
39 Crown not liable to pecuniary penalty or prosecution
40 Conferral of functions and powers on certain bodies
41 No doubling-up of liabilities
Part 4 NSW consumer safety and information requirements
Note
Division 1 Provisions relating to supply of unsafe goods and services
42 Reference of certain questions to Products Safety Committee
43 Attendance of witnesses and production of documents
44 Method of notifying safety warning notices
45 Requirement to notify recall of goods to persons outside New South Wales
46 Certain amounts recoverable as debt or damages
47 Certain action not to affect insurance contracts
Division 3 Employment placement services
48 Interpretation
49 Certain fees and charges prohibited in connection with employment placement services
50 Information standards
Division 4 Industry code for motor vehicle insurers and repairers
51 Definitions
52 Object of Division
53 Declaration of industry code of conduct in relation to motor vehicle insurers and repairers
54 Compliance with applicable industry code of conduct
Division 5 Funeral goods and services
55 Provision of information to consumers
56 Compliance
57 Review of Division
Part 6 Enforcement and remedies
Division 1 Interpretation and application
61 Interpretation
Division 2 Enforcement provisions applying to ACL offences and local offences
62 Enforcement provisions of ACL that extend to local offences
63 Offences against this Act
64 Penalties for contraventions
65 Compensation orders by Local Court on conviction of person
66 Other orders that may be made by court on conviction
67 Penalty notices
68 Proceedings for offences
Division 3 Enforcement provisions applying to local offences only
69 Penalties for offences against this Act
Division 4 Remedies applying to ACL matters and local matters
70 Remedy provisions of ACL that extend to local matters
71 Declarations by Supreme Court concerning unfair contract terms
72 Show cause action may be taken by Director-General
73 Trading prohibition orders
74 Actions for damages and compensation orders
75 Contributory acts or omissions to reduce compensation in defective goods actions
76 Compensation orders etc arising out of unfair contract terms
77 Remedy for supply of goods in contravention of certain provisions
78 Court may make orders for the purpose of preserving money or other property held by a person
Division 5 Remedies applying to local matters only
79 Other injunctions
79A Suspension of licences
79B NSW Consumer Law Fund
80 Evidence as to publication
81 Allegation of consumer
82 Certificate of analyst
83 Evidence of standards etc
84 Evidence as to certain matters
85 Permission, consent or approval of Minister
85A Findings in certain proceedings to be evidence
86 Intervention by Minister or Director-General
86A Public warning statements
86B Register of undertakings
87 Publication of certain statements prohibited
87A Conduct by directors, servants or agents
88 Service of notices etc
88A Relationship with certain provisions of other Acts
89 Saving of rights and remedies
90 (Repealed)
91 Savings and transitional provisions
92 Regulations
93 (Repealed)
Schedule 1 Paramount legislation
Schedule 2 Acts prohibiting or regulating supply of goods or services
Schedule 4 Provisions applicable to Products Safety Committee
Schedule 4A Provisions relating to advisory councils