Yesterday I posted a blog stating that the new Part 2D of the Fair Trading Act 1999 (Vic) would commence on 1 September 2011. Part 2D is contained in s3 of the Consumer Affairs Legislation Amendment (Reform) Act 2010 (Vic). Section 2(4) of that Act refers to the detault start date of 1 September 2011. However, s 22 of the Consumer Acts Amendment Act 2011 (Vic) amends the default start date of the Consumer Affairs Legislation Amendment (Reform) Act 2010 (Vic) to 30 June 2012. Thanks to Karen Cheng for alerting me to this.
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#1 by Andrew on March 1, 2012 - 10:32 pm
Hi Robert,
Am I missing something? Currently, I understand that commercial landlords are bound by the provisions of the Landlord and Tenant Act. But proposed new section 32ZS(5) of the Fair Trading Act says that the new rules won’t apply to those leases. But neither will the old rules apply. Are we being left with a regulatory vacuum and can we then just rely on the clauses that say “abandoned goods will become the landlord’s property”?
Andrew Boer
Moores Legal