Home Page / Legislation / Competition and Consumer Act 2010 / s 82

Competition and Consumer Act 2010 (Cth)

Section 82
Actions for damages [see note 2*]

 

The provision

(1) A person who suffers loss or damage by conduct of another person that was done in contravention of a provision of Part IV or IVB, or of section 55B, 60C or 60K, may recover the amount of the loss or damage by action against that other person or against any person involved in the contravention. .

(2) An action under subsection (1) may be commenced at any time within 6 years after the day on which the cause of action that relates to the conduct accrued.

Note 2

Note 2 provides, relevantly:

Subsection ... 82(1), - Schedule 5 (items 36, 50, 54 (Note), 65, 71, 74, 90 and 96) of the Trade Practices Amendment (Australian Consumer Law)
Act (No. 2) 2010
(No. 103, 2010) provide as follows:

Schedule 5

...

65 Subsection 82(1)

Omit "Part IV, IVA, IVB or V or section 51AC, or a provision of the Australian Consumer Law,", substitute "Part IV or IVB".

...

The proposed amendments were misdescribed and are not incorporated in this compilation.

 

Relevant cases

 

Legislative history

Amended by Competition and Consumer Amendment (Payment Surcharges) Act 2016 (Act 9 of 2016)

Inserted references to s 55B

More forthcoming

 

Commentary

Forthcoming