Acts Amendment (Consumer Affairs) Act 1985 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(CONSUMER AFFAIRS).

No. 1 of 1985.

AN ACT to amend the Consumer Affairs Act 1971, the Building Societies Act 1976, the Hire- Purchase Act 1959, the Motor Vehicle Dealers Act 1973, the Petroleum Products Pricing Act 1983 and the Petroleum Retailers Rights and Liabilities Act 1982.

[Assented to 8 March 1985.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

PART I-PRELIMINARY.

1. This Act may be cited as the Acts Amendment Short title.

(Consumer Affairs) Act 1985.

No. 1.] Acts Amendment (Consumer [1985.

Affairs).

Commence-

ment.

2. (1) Subject to this section, this Act shall be

deemed to have come into operation on 6 April 1983.

Section 11 shall come into operation on the

28th day after the day on which this Act is assented

to by the Governor.

(2)

Sections 10, 12, 15, 19, 21, 22, 23, 26, 27, 28

and 29 shall come into operation on the day on which

this Act is assented to by the Governor.

(3)

PART II-CONSUMER AFFAIRS ACT 1971.

Principal

Act.	3.	In this Part the Consumer Affairs Act 1971 is
Reprinted as

approved	referred to as the principal Act.
22 May 1984.
Long title

The long title of the principal Act is amended

by deleting "to establish a Bureau of Consumer

Affairs, ".

amended. 4.

Section 4

amended. 5. Section 4 of the principal Act is amended—

(a) in subsection (1)-

(i)  by deleting the definition of "Bureau";

(ii)  by deleting "appointed under" in the definition of "Commissioner" and substituting the following-

" referred to in "; and

(iii)   by inserting, after the definition of "consumer", the following defini- tion

" "Department" means the depart-

ment of the Public Service

of the State principally

1985.] Acts Amendment (Consumer [No. 1.

Affairs).

assisting the Minister in the administration of this Act; ";

and

(b) in subsection (3)-

(1) by inserting after "the Consumer Protection Bureau" the following-

" or the Bureau of Consumer

Affairs "; and

(ii) by deleting "appointed under this Act and the Bureau of Consumer Affairs established under this Act" and substituting the following-

" as defined by this Act and the

Department as so defined ".

6.    Section 5 of the principal Act is amended in amended.

subsection (2) by deleting "permanent head of the department of the Public Service of the State principally responsible for assisting the Minister in the administration of this Act" and substituting the following-

" Permanent Head of the Department ".

7.    The heading of Part III of the principal Act is itdIjaIg of

amended by deleting "BUREAU OF CONSUMER amended.

AFFAIRS AND".

8.    Section 15 of the principal Act is amended

(a) in subsection (1) by deleting "Subject to this section, there shall be appointed" and substituting the following-

" There shall be appointed under and subject to the Public Service Act 1978 ";

No. 1.1 Acts Amendment (Consumer [1985.

Affairs).

(b) in subsection (la) by deleting-

(i)  "under subsection (1) of this section" and substituting the follow- ing

" within the meaning of subsec-

tion (1) "; and

(ii) "1904" and substituting the follow-

ing-

" 1978 ";

and

(c) by repealing subsections (2), (3), (4), (5) and (6).

Section 16

repealed.	9.	Section 16 of the principal Act is repealed.
Section 17
amended.	10.	Section 17 of the principal Act is amended

by

(a) deleting the full stop at the end of para- graph (h) and substituting a semi-colon;

and

(b) inserting after paragraph (h) the follow- ing paragraphs-

" (i) to assist the Minister in the administration of this Act and of any other Act or provision thereof the administration of which is for the time being committed to the Minister by the Governor;

(j) to perform such other functions as are imposed on the Department by this Act or any other Act. ".

Section 21

amended. 11. Section 21 of the principal Act is amended in

subsection (1) by deleting "Two hundred dollars"

and substituting the following-

" $1000 ".

1985.] Acts Amendment (Consumer [No. 1.

Affairs).

Section 23 of the principal Act is amended Section 23

12.   amended.

by inserting, after "the Minister", the following-

" or the Permanent Head of the Department ".

13.    Section 23R of the principal Act is amended amended.3n

in subsection (2) by deleting "the Council,".

Section 24

14. Section 24 of the principal Act is amended

in subsection (1) by deleting "of the Bureau" and

substituting the following

amended.

CC , of the Department or the former Bureau of

Consumer Affairs ".

Section 26

15.    Section 26 of the principal Act is amended in amended.

subsection (1) by deleting "Commissioner" and sub-

stituting the following-

" Permanent Head of the Department ".

Amendment

Sections 17, 18 (1), 23E (3), 23G (4), 23 I (1), 23R (2), 25, 25A (2) and 26 (1) of the principal Act	of references
to Bureau.
are amended by deleting "Bureau", wherever it occurs, and substituting in each case the following-

16.

" Department ".

PART III-BUILDING SOCIETIES ACT 1976.

Section 11 of the Building Societies Act 1976 Section 11

17.

amended

Act No 47 of

is amended in subsection (2) by deleting—

1976 as

amended by

(a)	"appointed under" in paragraph (c) and Acts Nos 20	of 1977,	56 of 1978,
substituting the following—	and 10 and 71 of 1982.
" within the meaning of "; and
(b)
"Bureau of Consumer Affairs" in paragraph " Department within the meaning of

that Act ".

No. 1.] Acts Amendment (Consumer [1985.

Affairs).

PART IV-HIRE-PURCHASE ACT 1959.

Principal

Act.	18. In this Part the Hire-Purchase Act 1959 is
Reprinted

as approved

referred to as the principal Act.

27 October

1981.

Section 1

Section 1 of the principal Act is amended by repealing subsection (3).

amended. 19.

Section 2

amended. 20.

Section 2 of the principal Act is amended in subsection (1) by deleting "appointed under section fifteen" in the definition of "Commissioner" and substituting the following-

" referred to in section 15 ".

Section 3

amended.	21. Section 3 of the principal Act is amended by repealing subsection (4b).
Section 23W
inserted.	22. Part VI of the principal Act is amended by inserting before section 24 the following section-
Delegation

by Commis-	23W. (1) The Commissioner may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him delegate to
sioner.

(a)	the person holding or acting in the office of the Deputy Commissioner of Consumer Affairs under the Public Service Act 1978; or
(b)	any other officer of the Department of Consumer Affairs established under the Public Service Act 1978 who is authorized by the Minister or the Permanent Head of that Department for the purposes of this section,

all or any of the powers conferred, or of the duties imposed, on the Commissioner by sections 3, 12A and 36A.

1985.] Acts Amendment (Consumer [No. 1.

Affairs).

(2) For the purposes of this Act, the exercise of a power or the performance of a duty by a delegate under this section shall be deemed to be the exercise of the power or the performance of the duty by the Commissioner. ".

23. Section 36A of the principal Act is amended 2?,21]Theg6.A

by repealing subsection (la).

PART V-MOTOR VEHICLE DEALERS ACT 1973.

Principal

24.

In this Part the Motor Vehicle Dealers Act 1973 is referred to as the principal Act.

Act.

Reprinted as

approved

1 February

1983.

Section 5

Section 5 of the principal Act is amended in subsection (1) by deleting "appointed under" in the definition of "Commissioner" and substituting the following- amended.

25.

" referred to in

Section 6 of the principal Act is amended in

subsection (2) by inserting after "The Minister" the

following-

Section 6

amended.

26.

" or the Permanent Head of the Department within the meaning of the Consumer Affairs Act 1971 ".

27.    Section 48 of the principal Act is amended le=38

by inserting after "Commissioner" the following-

" or of an authorized officer ".

No. 1.] Acts Amendment (Consumer [1985.

Affairs).

PART VI-PETROLEUM PRODUCTS PRICING ACT 1983.

Section 28

amended.	28. Section 28 of the Petroleum Products Pricing
Act No. 1 of

1983 as	Act 1983 is amended in paragraph (a) by inserting
amended by
Act No. 72	after "the Minister" the following
of 1983.

CI or the Permanent Head of the Department

within the meaning of the Consumer Affairs

Act 1971 ".

PART VII-PETROLEUM RETAILERS RIGHTS AND

LIABILITIES ACT 1982.

Section 12

amended.	29. Section 12 of the Petroleum Retailers Rights
Act No. 105

of 1982.

and Liabilities Act 1982 is amended by inserting

after "The Minister" the following-

" or the Permanent Head of the Department within the meaning of the Consumer Affairs Act 1971 ".