Sentences with phrase «applies under this division»

(a) the application of all or any of the provisions of this Division; or (b) the exercise of a right conferred by such a provision; or (c) any liability of a person for a failure to comply with a guarantee that applies under this Division to a supply of goods or services.

Not exact matches

(c) Beginning with teacher evaluations for the 2015 - 2016 school year, if a teacher's schedule is comprised of grade levels, courses, or subjects for which the value - added progress dimension prescribed by section 3302.021 of the Revised Code or an alternative student academic progress measure if adopted under division (C)(1)(e) of section 3302.03 of the Revised Code does not apply, nor is student progress determinable using the assessments required by division (B)(2) of this section, the teacher's student academic growth factor shall be determined using a method of attributing student growth determined in accordance with guidance issued by the department of education.

Identifies measures of student academic growth for grade levels and subjects for which the value - added progress dimension prescribed by section 3302.021 of the Revised Code or an alternative student academic progress measure if adopted under division (C)(1)(e) of section 3302.03 of the Revised Code does not apply;

As a result, super contributions to a super fund established under the Judges» Pensions Act 1968 are exempt from having Division 293 tax applied to those contributions.

(1) A credit services organization, its salespersons, agents, and representatives, and independent contractors who sell or attempt to sell the services of a credit services organization may not do any of the following: (a) conduct any business regulated by this chapter without first: (i) securing a certificate of registration from the division; and (ii) unless exempted under Section 13 -21-4, posting a bond, letter of credit, or certificate of deposit with the division in the amount of $ 100,000; (b) make a false statement, or fail to state a material fact, in connection with an application for registration with the division; (c) charge or receive any money or other valuable consideration prior to full and complete performance of the services the credit services organization has agreed to perform for the buyer; (d) dispute or challenge, or assist a person in disputing or challenging an entry in a credit report prepared by a consumer reporting agency without a factual basis for believing and obtaining a written statement for each entry from the person stating that that person believes that the entry contains a material error or omission, outdated information, inaccurate information, or unverifiable information; (e) charge or receive any money or other valuable consideration solely for referral of the buyer to a retail seller who will or may extend credit to the buyer, if the credit that is or will be extended to the buyer is upon substantially the same terms as those available to the general public; (f) make, or counsel or advise any buyer to make, any statement that is untrue or misleading and that is known, or that by the exercise of reasonable care should be known, to be untrue or misleading, to a credit reporting agency or to any person who has extended credit to a buyer or to whom a buyer is applying for an extension of credit, with respect to a buyer's creditworthiness, credit standing, or credit capacity; (g) make or use any untrue or misleading representations in the offer or sale of the services of a credit services organization or engage, directly or indirectly, in any act, practice, or course of business that operates or would operate as fraud or deception upon any person in connection with the offer or sale of the services of a credit services organization; and (h) transact any business as a credit services organization, as defined in Section 13 -21-2, without first having registered with the division by paying an annual fee set pursuant to Section 63J -1-504 and filing proof that it has obtained a bond or letter of credit as required by Subsection (2).

New Jersey's Appellate Division agreed with the Appellate Practice Group that New Jersey's Consumer Fraud Act did not apply to this case because the transaction at issue - a company's purchase of an employee welfare benefit plan - was not a consumer transaction under the Consumer Fraud Act.

Either spouse can apply for a divorce under Canadian law, or for property division, spousal support, or child custody.

257.20 (1) For the purposes of rates levied under this Division, section 236 applies with necessary modifications to permit an individual to give notice in respect of assessment for business property and, for the purpose, a reference to «residential property» shall be deemed to be a reference to «business property».

257.22 For the purpose of rates levied under this Division, section 237 applies with necessary modifications to permit a corporation sole to give notice in respect of its assessment for business property and, for the purpose, a reference to «residential property» shall be deemed to be a reference to «business property».

(b) Subdivision (a) does not apply to acts constituting violations under Chapter 9 (commencing with Section 22500) of this division or to acts constituting violations of a local traffic ordinance adopted pursuant to Chapter 9 (commencing with Section 22500).

A difference of view has been developing between two Family Division judges — Cobb J and Keehan J — over whether the legal aid statutory charge applies to damages recovered by children and their parents under the Human Rights Act 1998 (HRA1998), s 8.

One significant change is that Property Division, which did not previously apply to «common law» spouses under part 5 of the old Family Relations Act, will now apply «common law» spouses.

67 Conflict of laws If: (a) the proper law of a contract for the supply of goods or services to a consumer would be the law of any part of Australia but for a term of the contract that provides otherwise; or (b) a contract for the supply of goods or services to a consumer contains a term that purports to substitute, or has the effect of substituting, the following provisions for all or any of the provisions of this Division: (i) the provisions of the law of a country other than Australia; (ii) the provisions of the law of a State or a Territory; the provisions of this Division apply in relation to the supply under the contract despite that term.

Payment by credit card does not fall under the exclusive federal jurisdiction over bills of exchange, and as such, the application of the Québec Act to credit cards issued is consistent with the division of powers, and neither the interjurisdictional immunity nor the paramountcy doctrines apply.

«Driver License Division may not license a person who is 19 years of age or older and who has not completed an approved course in driver training unless the person: holds a learner permit for three months before applying for an original class D license; and certifies that the person, under the authority of a learner permit issued by the Driver License Division, has completed at least 40 hours of driving a motor vehicle, of which at least 10 hours were completed during night hours after sunset»

(3) This Division also applies to any other proceedings between the parties that involve the court exercising jurisdiction under this Act and that arise from the breakdown of the parties» marital relationship, if the parties to the proceedings consent.

Despite anything contained in any other provision of this Division, this Division does not apply in respect of a contravention, committed before this Division commences, of an order under this Act affecting children if a court made an order, in respect of that contravention before this Division commences, under this Act as previously in force.

applied provisions, when used in Division 13A of Part VII in relation to a community service order made under paragraph 70NFB (2)(a), means the provisions of the laws of a State or Territory (as modified by regulations made under subsection 70NFC (4)-RRB-, that, because of regulations made under that subsection, apply in relation to the order.

Note 2: This Part (other than Division 2: see section 33) applies to proceedings under the Child Support (Assessment) Act 1989 and the Child Support (Registration and Collection) Act 1988.

(b) applies under section 139A of the Bankruptcy Act 1966 for an order under Division 4A of Part VI of that Act in relation to an entity (other than the other party to the de facto relationship);

(1) No provision of a Part VIIIAB financial agreement excludes or limits the power of a court to make an order under Division 2 in relation to the maintenance of a party to the agreement if subsection (2) applies.

Note: The applicant may apply to the Family Court or to the Federal Circuit Court of Australia for the application for the parenting order or for the proceedings under Subdivision E of Division 13A of Part VII, or both, to be transferred to the Federal Circuit Court of Australia or to the Family Court, as the case requires (see section 33B of this Act and section 39 of the Federal Circuit Court of Australia Act 1999).

(b) applies under section 139A of the Bankruptcy Act 1966 for an order under Division 4A of Part VI of that Act in relation to an entity (other than the other party to the marriage);

(1A) For the purposes of subsection (1), if the bankruptcy trustee of a bankrupt party to a marriage applies under section 139A of the Bankruptcy Act 1966 for an order under Division 4A of Part VI of that Act, proceedings relating to that application are taken to be proceedings under this Act in relation to the marriage.

(b) applies under section 139A of the Bankruptcy Act 1966 for an order under Division 4A of Part VI of that Act;

(3) This Division also applies to other proceedings between the parties that involve the court exercising jurisdiction under this Act if:

under Division 2 [Discipline Proceedings] of Part 4, under a provision of that Division as it applies to the superintendent or under sections 49 to 51 [superintendent's orders].

(4) The following provisions of this Part apply to the superintendent acting under this Division, in relation to an unlicensed person or a licensee, as if the superintendent were the real estate council or a discipline committee exercising authority under the applicable provision in relation to a licensee:

(4) Subject to this Division, sections 242.2 [practice and procedure] and 242.3 [judicial review] of the Financial Institutions Act apply in relation to an appeal under this section.