Senate Approves Bill to Validate Activities of Consumer Protection Tribunal

The Consumer Protection (Validation and Indemnity of Tribunal) Act, 2023, which seeks to validate and confirm the activities of the Consumer Protection Tribunal for a period of one year, was passed in the Senate on Friday (May 5).

It also validates and confirms the continuation of the Tribunal and the official acts of the members of the Tribunal during the period May 28, 2021 to May 8, 2022.
The Bill was passed without amendments.

The legislation seeks to validate and confirm as lawful the purported continuation in office of the members of the Consumer Protection Tribunal, and all official acts purportedly done by them in good faith and inadvertent as to their not having been following the provisions of the Consumer Protection Act in the purported exercise of the functions conferred upon them during the period May 28, 2021 to May 8, 2022.

It also seeks to indemnify the members of the Consumer Protection Tribunal and persons who are liable to be proceeded against, on the grounds that the acts were unauthorised, illegal or improper from liability in relation thereto and for connected matters.

Piloting the legislation, Minister of Industry, Investment and Commerce, Senator the Hon. Aubyn Hill, informed that two acts were done by the Tribunal over the period.

“One was a matter heard before their period expired, but the decision came after the expiration date and there was only one other item that was heard by them and a decision made by them after the expiration of the period,” Senator Hill said, in response to Opposition Senator Lambert Brown.

Senator Hill explained that by section 44A of the Consumer Protection Act, the Consumer Protection Tribunal is established to settle disputes arising out of complaints made by consumers to the Consumer Affairs Commission.

He said the Minister appointed a tribunal pursuant to Paragraph One of the Third Schedule of the Consumer Protection Act for a period of three years, with effect from May 28, 2018 to May 27, 2021.

“After the expiration of its tenure, members of the Tribunal continued in office beyond the 27th day of May 2021 without being reappointed, in contravention of paragraph one of the Third Schedule of the Act,” he said.

Source: JIS