1993—No. 69 (NSW)

1993—No. 69

JUSTICES ACT 1902—REGULATION

(Consumer Protection (Short Description of Offences) Regulation 1993)

NEW SOUTH WALES

[Published in Gazette No. I9 of 26 February 1993]

HIS Excellency the Governor, with the advice of the Executive Council,

and in pursuance of the Justices Act 1902, has been pleased to make the

Regulation set forth hereunder.

WAYNE MERTON,

Minister for Justice.

Citation

1. This Regulation may be cited as the Consumer Protection (Short

Description of Offences) Regulation 1993.

Commencement

2. This Regulation commences on 12th March, 1993.

Short description of offences

3. (1) For the purposes of section 145B (2) of the Justices Act 1902, the prescribed expression in relation to a summary offence specified in Column 1 of Schedule 1 is the expression set out opposite it in Column 2 of the Schedule.

(2) If a choice of words is indicated in Column 2 of the Schedule, the words remaining after the omission of the words irrelevant to the offence constitute the prescribed expression.

(3) A reference in Column 1 of the Schedule to a provision of the Business Names Act 1962, the Motor Dealers Act 1974, the Fair Trading Act 1987, the Trade Measurement Act 1989 or any regulation made under those Acts, being a provision that creates an offence, is a reference to the provision as in force at the time the offence is alleged to have occurred.

1993—No. 69

SCHEDULE 1

(Cl. 3)

COLUMN 1 COLUMN 2

OFFENCE PRESCRIBED EXPRESSION

Offences under the Business Names

Act 1962

Section 5 (1)—carry on business	carry on business under
under a business name which is not	unregistered business
the person’s own name and the	name
name of each other person with whom the business is carried on or a registered business name
Section 12 (9)—fail to comply with	fail to lodge
the provisions of section 12 relating	statement/provide details
to the lodging of statements	required under s. 12
Section 13 (3) (a)—fail to comply	fail to give information/
with requirement under section 13	produce documents
to give information or produce	required under s. 13
documents

Section 13 (3) (b):

• give information; or give materially

false/misleading

information

• produce a document, produce materially

that is false or misleading in a	false/misleading
material particular	document

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Section 13 (3) (c)—hinder or obstruct an authorised officer in the exercise hinder/obstruct authorised

officer exercising powers

of his or her powers under section	under s. 13
13

Section 20:

• fail to use on business fail to use on

documents, or display, a documents/display

registered business name; or registered business name

• fail to exhibit a certificate of fail to exhibit certificate of

registration of a business name registration of business

name

Offences under the Motor Dealers Act 1974

Section 21 (1)—being the holder of a	fail to keep prescribed
licence, fail to keep a register in	register at place of
the prescribed form at the licensee’s	business
place of business

Section 21 (2)—being the holder of a fail to keep register of

dealer’s licence who carries on other business under

another business under the same	same licence
licence, fail to keep a register in respect of the other business
Section 21 (3)—being the holder of a dealer’s licence, fail to enter the	as dealer, fail to enter

particulars in register

prescribed particulars in the register

Section 21 (4)—being the holder of	as auto-dismantler, fail to
an auto-dismantler’s licence, fail to	enter particulars in
enter the prescribed particulars in	register
the register

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Section 21 (5)—being the holder of a wholesaler’s licence, fail to enter as wholesaler, fail to enter

particulars in register

the prescribed particulars in the

register

Section 21 (6)—being the holder of a motor vehicle parts reconstructor’s as reconstructor, fail to

enter particulars in

licence, fail to enter the prescribed	register
particulars in the register
Section 21 (7)—being the holder of a motor vehicle consultant’s licence,	as consultant, fail to enter

particulars in register

fail to enter the prescribed

particulars in the register

Section 21 (8)—being the holder of a prescribed licence, fail to enter the as prescribed licensee, fail

to enter particulars in

prescribed particulars in the register	register
Section 23A (1)—being the holder of a licence, offer or display a motor	offer/display vehicle for

sale not at specified

vehicle for sale otherwise than at	place of business
the place of business specified in the licence
Section 24 (2)—being a dealer, offer or display for sale a second-hand	offer/display used vehicle

for sale without

motor vehicle without attaching to	prescribed notice
it the prescribed notice

Offences under the Motor Dealers

Regulation 1986

Clause 37A—being the holder of a	cause/permit advert. of
licence, cause or permit the	car/car part without
publication of an advertisement of a	prescribed matter
motor vehicle or part to be offered or displayed for sale without including the prescribed matter in the advertisement

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Clause 37B—being a dealer, cause or

permit the publication of an
advertisement referring:

(a) to a specified motor vehicle; or cause/permit advert. for

specific vehicle not show rego number

(b) to a second-hand motor vehicle cause/permit advert. for

for sale at a specified price, without specifying the registration	priced used vehicle not
show rego number
number of the vehicle

Offences under the Fair Trading Act 1987

Section 32 (2)—supply goods in	supply goods in
contravention of an interim order or	contravention of
permanent order in force under	interim/permanent order
section 30 or 31 of the Fair	under s. 30/31
Trading Act 1987
Section 40 (1)—being a supplier, sell goods showing more than one price	sell goods at price greater

than lower/lowest

at a price greater than the lower or	marked price
lowest price

Offences under the Trade

Measurement Act 1989

Section 7 (1)—use for trade an	use for trade unmarked
unmarked weighbridge or other	weighbridge/measuring
unmarked measuring instrument	instrument
Section 7 (2)—use for trade a	use for trade
weighbridge not complying with the	non-complying
requirements of the regulations	weighbridge
concerning weighbridges

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Section 8 (1)—use for trade an	use for trade
incorrect or unjust measuring	incorrect/unjust
instrument	measuring instrument

Section 28 (1)—pack a pre-packed

article:

(a) without the package being	pack pre-packed article
marked with the name and	without packer’s mark
address of the packer; or
(b) without the package being	pack pre-packed article
marked with a statement of the	without mark showing
measurement of the article,	its measurement

in contravention of Regulation 8 (1)
or 10 (1) of the Trade Measurement

(Re-packed Articles) Regulations 1991

Section 28 (2)—sell a prepackaged

article:

(a) without the package being	sell pre-packed article
marked with the name and	without packer’s mark
address of the packer; or
(b) without the package being	sell pre-packed article
marked with a statement of the	without mark showing
measurement of the article,	its measurement

in contravention of Regulation 8 (1)
or 10 (1) of the Trade Measurement

(Re-packed Articles) Regulations 1991

Offences under the Trade

Measurement (Weighbridges)

Regulations 1991

Regulation 19—being a licensee, fail to return a cancelled certificate of fail to return cancelled

certificate of suitability

suitability to the licensing authority	on time
within 7 days after the cancellation

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Regulation 25 (a)—being the operator of a public weighbridge, fail to fail to comply with duties

of public weighbridge

comply with the duties of an	operator
operator
Regulation 25 (c)—being the operator of a public weighbridge, fail to	fail to issue correct copy

of measurement ticket

issue a correct copy of a

measurement ticket

Regulation 25 (d)—being the operator of a public weighbridge, remove remove from book/issue

original measurement

from a book, or issue, an original	ticket
measurement ticket
Regulation 25 (e)—being the operator of a public weighbridge, remove	remove from book/permit

removal from book of

from a book, or permit the removal	unused measurement
of, an unused measurement ticket	ticket
Regulation 29—being a licensee or operator of a public weighbridge,	use weighbridge for public

weighing to measure

use the weighbridge for public	end-to-end
weighing to determine an end-to-end measurement
Regulation 30 (1)—Fuse for trade a weighbridge to determine an	use weighbridge for trade

weighing to measure

end-to-end measurement otherwise	end-to-end
than in prescribed circumstances

Offences under the Trade

Measurement (Miscellaneous)

Regulations 1991

Regulation 2 (2)—advertise, offer or expose an article for sale at a price advertise/offer/expose

article for sale at a

determined by a measurement that	non-metric unit price
is not a prescribed measurement

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Offences under the Trade

Measurement (Measuring

Instruments) Regulations 1991

Regulation 22 (1) (e)—use for trade (otherwise than for factory use or use measuring instrument

with tare bar

non-retail counter use) a measuring

instrument with a tare bar

Regulation 22 (1) (f)—use for trade a measuring instrument to determine a use instrument to measure

mass greater than

mass greater than the mass	approved limit
permitted by the approved pattern for the instrument

Regulation 22 (3)—use for trade a

measuring instrument fitted with a

load receptor:

(a) there being more than one such	use not properly identified
instrument on the premises, if	load receptor
the receptor is not marked to identify it with the instrument on which it is used; or
(b) if the receptor is removable	use load receptor that

and measures incorrectly in	measures incorrectly in
any position on its supports; or	any position

(c) if any latitude of movement of use load receptor that

the receptor causes it to foul fouls part of instrument

any part of the instrument; or (d) if the receptor is in the form of use load receptor that

a scoop so mounted that a	obscures inside view of
purchaser cannot readily see	scoop
whether there is any foreign matter in it

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Regulation 23 (a)—subdivide the scale	subdivide scale spacing on
spacing on a measuring instrument	instrument after marking
after an inspector’s or licensee’s mark has been marked on the instrument
Regulation 23 (b)—use for trade a measuring instrument whose scale	use instrument with scale

spacing subdivided after

spacing has been subdivided after	marking
an inspector’s or licensee’s mark
has been marked on the instrument

TABLE OF PROVISIONS

1.       Citation

2.      Commencement

3.       Short description of offences

SCHEDULE 1

EXPLANATORY NOTE

The purpose of this Regulation is to prescribe the short descriptions that, by

virtue of section 145B of the Justices Act 1902, are sufficient to state or describe, in

any information, complaint, summons, warrant, notice, order or other document,

certain offences which may be dealt with by penalty notice under the Business Act 1962, the Motor Dealers Act 1974, the Fair Trading Act 1987 and the Trade Measurement Administration Act 1989. This Regulation comprises matter of a machinery nature.