Acts Amendment (Fair Trading) Act 2010 (WA)

Western Australia

Acts Amendment (Fair Trading) Act 2010

Western Australia

Acts Amendment (Fair Trading) Act 2010

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — *Fair Trading Act 2010*

amended

3.	Act amended	3
4.	Section 57A inserted	3

57A.

Licensing and regulatory functions of

Commissioner

Section 62 amended

Part 5 Division 3 inserted

Division 3 — Advisory committees

Subdivision 1 — Property Industry Advisory

Committee

63A.	Property Industry Advisory Committee	4
63B.	Membership	4
63C.	Functions	5
63D.	Committee may regulate own procedure	5

Subdivision 2 — Motor Vehicle Industry Advisory

Committee

63E.

Motor Vehicle Industry Advisory

Committee

63F.

Membership

63G.

Functions

63H.

Committee may regulate own procedure

Subdivision 3 — Consumer Advisory Committee

63I.

Consumer Advisory Committee

Acts Amendment (Fair Trading) Act 2010

Contents

63J.	Membership	7
63K.	Functions	7
63L.	Committee may regulate own procedure	7

Subdivision 4 — Regulations prescribing committee

procedures, etc.

63M.

Regulations

7.	Section 63 amended	8
8.	Part 6 Division 4A inserted	9
Division 4A — Specific powers for enforcement of

licensing and regulatory provisions

88A.	Terms used	9
88B.	Investigation and inquiry by Commissioner
for licensing and regulatory purposes	9
88C.	Authorised persons may exercise
investigative powers	10
88D.	Police assistance with investigations and
inquiries	10
88E.	Compliance checks at regulated person’s
business premises	11

9.	Section 88 amended	12
10.	Section 89 amended	12
11.	Section 112 amended	13
12.	Schedule 2 inserted	14
Schedule 2 — Registration Acts
Part 3 — *Land Valuers Licensing*

Act 1978 amended

13.	Act amended	15
14.	Section 4 amended	15
15.	Part II heading deleted	15
16.	Part II Division 1 deleted	15
17.	Part II Division 2 heading deleted	16
18.	Sections 12 to 14 deleted	16
19.	Section 15 replaced	16

15.

Powers of investigation

20.	Sections 15A to 15C deleted	16
21.	Section 17 amended	16
22.	Section 18 amended	16
23.	Section 19A amended	17
24.	Section 21 amended	17
25.	Section 22 amended	17
26.	Section 31 amended	17

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Contents

27.	Section 32 deleted	18
28.	Section 33 replaced	18

33. Confidentiality of information officially

obtained

29.	Section 36 amended	18
30.	Part VI inserted	18
Part VI — Miscellaneous transitional matters

37.	Terms used	18
38.	Former Board abolished	19
39.	References to the former Board	19
40.	Immunity continues	19
41.	Notices of maximum amounts of
remuneration	19
42.	Unfinished proceedings by the former
Registrar	20
43.	Unfinished proceedings by the former
Board	20
44.	Winding-up by the former Board	20
45.	Final report by the former Board	21
46.	Powers in relation to transitional matters	21

31.	Various references to “Commissioner” inserted	23
Part 4 — *Motor Vehicle Dealers*

Act 1973 amended

32.	Act amended	25
33.	Long title amended	25
34.	Section 5 amended	25
35.	Section 5B inserted	25

5B.

Person may be taken to be a dealer

36.	Section 5AA deleted	27
37.	Section 6 replaced	27

Powers of investigation

38.	Part II heading amended	27
Licensing, registration, powers and offences
39.	Part II Division 1 deleted	27
40.	Section 16 amended	27
41.	Section 17 amended	27
42.	Section 18 amended	28
43.	Section 22 amended	28
44.	Section 23 amended	28
45.	Section 24 amended	29
46.	Section 32K amended	29

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Contents

47.

Section 50 replaced

50. Confidentiality of information officially

obtained

48.	Section 51 amended	30
49.	Part V inserted	30
Part V — Miscellaneous transitional matters

57.	Terms used	30
58.	Former Board abolished	31
59.	References to the former Board	31
60.	Immunity continues	31
61.	Unfinished investigations by the former
Board	31
62.	Unfinished proceedings by the former
Board	31
63.	Winding-up by the former Board	32
64.	Final report by the former Board	32
65.	Powers in relation to transitional matters	33

50.	Various references to “Commissioner” inserted	34
Part 5 — *Motor Vehicle Repairers*

Act 2003 amended

51.	Act amended	39
52.	Long title amended	39
53.	Section 3 amended	39
54.	Section 7 replaced	40

Powers of investigation

55.	Section 21 deleted	40
56.	Section 32 amended	40
57.	Section 35 amended	41
58.	Section 36 amended	41
59.	Section 62 amended	41
60.	Part 6 heading replaced	41
Part 6 — Disciplinary powers
61.	Section 65 replaced	41

65.

Application of Part

62.	Sections 66 and 67 deleted	42
63.	Section 68 amended	42
64.	Section 70 amended	43
65.	Section 71 amended	43
66.	Section 73 amended	43
67.	Section 74 deleted	43
68.	Section 76 deleted	44

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69.	Section 77 amended	44
70.	Section 78 amended	44
71.	Section 80 amended	44
72.	Section 85 amended	45
73.	Section 97 amended	46
74.	Section 111 replaced	46

111. Confidentiality of information officially

obtained

75.	Sections 112 and 113 deleted	46
76.	Section 116 deleted	46
77.	Part 11 replaced	46
Part 11 — Transitional provisions

120.	Terms used	46
121.	Unfinished proceedings by the former
Board	47
122.	Powers in relation to transitional matters	47

78.	Schedule 2 amended	49
79.	Various references to “Commissioner” inserted	49
Part 6 — *Real Estate and Business*

Agents Act 1978 amended

80.	Act amended	56
81.	Section 4 amended	56
82.	Section 5 deleted	56
83.	Part II heading replaced	57
Part II — Advisory Committee and review
84.	Part II amended	57
85.	Part II Division 3 heading deleted	57
86.	Sections 19, 20 and 21 deleted	57
87.	Section 22 inserted	57

22.

Powers of investigation

88.	Section 23 amended	57
89.	Section 23A amended	58
90.	Section 23C amended	59
91.	Section 24 amended	59
92.	Section 25 amended	60
93.	Section 33 amended	60
94.	Section 34A amended	60
95.	Section 43 amended	61
96.	Section 49 amended	61

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Contents

97.	Section 50A amended	61
98.	Section 62 amended	61
99.	Section 70 amended	62
100.	Section 83 amended	62
101.	Section 94 amended	62
102.	Section 100 replaced	62

100. Financial institutions to disclose agent’s

account on request

103.	Section 109 amended	63
104.	Section 110 amended	63
105.	Section 112 amended	64
106.	Section 113 amended	64
107.	Section 115 amended	65
108.	Section 116 amended	66
109.	Section 117 amended	66
110.	Section 118 amended	66
111.	Section 119 amended	67
112.	Section 120 amended	67
113.	Section 121 amended	68
114.	Section 123 amended	69
115.	Section 124 amended	69
116.	Section 124C amended	69
117.	Part IX heading amended	70
118.	Section 125 amended	70
119.	Section 131D amended	71
120.	Section 131E amended	71
121.	Section 131G amended	71
122.	Sections 131H, 131I, 131J, 131K and 131KA
deleted	71
123.	Section 131L amended	71
124.	Section 131M amended	71
125.	Section 131N amended	73
126.	Section 131O amended	73
127.	Section 135 amended	74
128.	Section 137 replaced	75

137.

Protection from liability

129.

Section 138 replaced

138. Confidentiality of information officially

obtained

130.	Section 145 amended	76
131.	Part XI Division 1 heading inserted	76

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Contents

Division 1 — Savings and transitional (1978)

132.	Part XI Division 2 inserted	76
Division 2 — Savings and transitional (2010)

148.	Terms used	76
149.	Former Board abolished	77
150.	References to the former Board	77
151.	Immunity continues	77
152.	Notices by the former Board	77
153.	References to a former Registrar	77
154.	Unfinished investigations by the former
Board	78
155.	Unfinished proceedings by the former
Board	78
156.	Winding-up the former Board	79
157.	Final report by the former Board	80
158.	Board staff	80
159.	Powers in relation to transitional matters	81

133.	Schedule amended	82
134.	Various references to “Commissioner” inserted	82
Part 7 — *Settlement Agents Act 1981*

amended

135.	Act amended	91
136.	Section 3 amended	91
137.	Part II amended	91
138.	Sections 19, 20 and 21 deleted	92
139.	Section 22 inserted	92

22.

Powers of investigation

140.	Section 23 amended	92
141.	Section 24 amended	92
142.	Section 25 amended	93
143.	Section 33 amended	93
144.	Section 34A amended	93
145.	Section 43 amended	94
146.	Section 44 amended	94
147.	Section 51 amended	94
148.	Section 64 amended	94
149.	Section 75 amended	95
150.	Section 81 replaced	95

81.

Duty of managers of financial institutions

151.	Section 87 amended	96
152.	Section 88 amended	96
153.	Section 90 amended	96

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154.	Section 92 amended	96
155.	Section 93 amended	97
156.	Section 94 amended	97
157.	Section 95 amended	98
158.	Section 96 amended	99
159.	Section 97 amended	99
160.	Section 98 amended	99
161.	Section 99 amended	100
162.	Section 101 amended	101
163.	Section 102 amended	101
164.	Section 102A amended	102
165.	Section 102B amended	102
166.	Section 102C amended	102
167.	Part VI heading amended	103
168.	Section 103 amended	103
169.	Section 112 amended	103
170.	Section 114 amended	104
171.	Section 115 replaced	104

115.

Protection from liability

104

172.

Section 116 replaced

105

116. Confidentiality of information officially

obtained

105

173.	Section 123 amended	105
174.	Part VIII replaced	105
Part VIII — Savings and transitional

124.	Terms used	105
125.	Former Board abolished	106
126.	References to the former Board	106
127.	Immunity continues	106
128.	Notices and rules made by the former
Board	106
129.	References to a former Registrar	107
130.	Unfinished investigations by the former
Board	107
131.	Unfinished proceedings by the former
Board	107
132.	Winding-up the former Board	108
133.	Final report by the former Board	109
134.	Board staff	109
135.	Powers in relation to transitional matters	110

175.	Schedule 1 amended	111
176.	Various references to “Commissioner” inserted	111

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Contents

Part 8 — Miscellaneous amendments

to other Acts

Division 1 — The Commissioner in some

registration Acts

177.	Motor Vehicle Dealers Act 1973 amended	118
178.	Motor Vehicle Repairers Act 2003 amended	118
Division 2 — The Commissioner in other Acts
179.	Builders’ Registration Act 1939 amended	118
180.	Co-operatives Act 2009 amended	119
181.	Debt Collectors Licensing Act 1964 amended	119
182.	Local Government Act 1995 amended	119
183.	State Administrative Tribunal Act 2004 amended	119
184.	Machinery of Government (Miscellaneous
Amendments) Act 2006 amended	120
Division 3 — Investigation powers
185.	Business Names Act 1962 amended	120

31D.

Powers of investigation

120

186.

Chattel Securities Act 1987 amended

120

30D.

Powers of investigation

120

187.

Hire-Purchase Act 1959 amended

121

36C.

Powers of investigation

121

188.	Limited Partnerships Act 1909 amended	121
189.	Residential Tenancies Act 1987 amended	121

11B.

Powers of investigation

121

190.

Retirement Villages Act 1992 amended

122

11B.

Powers of investigation

122

Division 4 — Committee amendments

191.	Constitution Acts Amendment Act 1899 amended	122
Division 5 — Other *Fair Trading Act 2010*

amendments

192. Biosecurity and Agriculture Management (Repeal

and Consequential Provisions) Act 2007 amended

123

23.	Fair Trading Act 2010 amended	123
29.	Fair Trading Act 2010 amended	123
61.	Fair Trading Act 2010 amended	123
64.	Fair Trading Act 2010 amended	124
75.	Fair Trading Act 2010 amended	124
83.	Fair Trading Act 2010 amended	124
86.	Fair Trading Act 2010 amended	124

193.

Civil Liability Act 2002 amended

125

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Contents

194.	Credit (Administration) Act 1984 amended	125
195.	Education Service Providers (Full Fee Overseas
Students) Registration Act 1991 amended	125
196.	Higher Education Act 2004 amended	125
197.	Legal Aid Commission Act 1976 amended	126
198.	Medical Practitioners Act 2008 amended	126
199.	Retirement Villages Act 1992 amended	126
200.	Trade Measurement Act 2006 amended	127

102. Operation of Fair Trading Act 2010 not

affected

127

Western Australia

Acts Amendment (Fair Trading) Act 2010

No. 58 of 2010

An Act to —

•	shift the functions of various regulatory and licensing Boards to the Commissioner under the **Fair Trading Act 2010; and**
•	establish certain investigatory and enforcement powers in relation to certain regulated persons; and
•	enable the establishment of various consumer advisory committees under the *Fair Trading Act 2010,*

and to make amendments to various Acts as a consequence of

enacting the Fair Trading Act 2010 and for related purposes.

[Assented to 8 December 2010]

The Parliament of Western Australia enacts as follows:

Acts Amendment (Fair Trading) Act 2010

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This is the Acts Amendment (Fair Trading) Act 2010.

2. Commencement

This Act comes into operation as follows —

(a)	sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b)	Part 8 Division 1 — on the day on which the Fair Trading Act 2010 section 56 comes into operation, but —

(i) if sections 34 and 53 of this Act come into operation on that day, Part 8 Division 1 of this Act does not come into operation; or

(ii) if sections 34 and 53 of this Act come into operation after that day, section 36 of this Act does not come into operation;

(c)	the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

Acts Amendment (Fair Trading) Act 2010

Fair Trading Act 2010 amended

Part 2

s. 3

Part 2 — Fair Trading Act 2010 amended

3. Act amended

This Part amends the Fair Trading Act 2010.

4. Section 57A inserted

After section 56 insert:

57A.

Licensing and regulatory functions of

Commissioner

The Commissioner has the following functions with respect to the licensing, registration and certification schemes provided for in the Acts specified in

Schedule 2 —

(a)

to administer the scheme of licensing, those Acts;

(b)

to conduct and promote education and provide advisory services for persons who are licensed, registered or certificated under those Acts, or

involved in the administration of those Acts,

and for members of the public on —

(i) matters relating to the operation of those Acts;

(ii) matters relating to the operations of persons who are licensed, registered or certificated under those Acts;

(c)	to advise the Minister as to the general administration of those Acts;
(d)	to make recommendations and submit proposals to the Minister from time to time with respect to regulations to be made under those Acts;

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(e)	to carry out any other functions conferred on the Commissioner under those Acts.

5. Section 62 amended

In section 62(1) in the definition of consumer affairs authority:

(a)	after paragraph (a)(i) insert:

(iia)

an advisory committee appointed under

Division 3; or

(b)	in paragraph (b)(ii) delete “body or authority referred to in paragraph (a)(ii)” and insert:

body, an advisory committee or an

authority referred to in

paragraph (a)(iia) or (a)(ii)

6. Part 5 Division 3 inserted

At the end of Part 5 insert:

Division 3 — Advisory committees

Subdivision 1 — Property Industry Advisory Committee

63A.

Property Industry Advisory Committee

A committee called the Property Industry Advisory

Committee is established.

63B.

Membership

(1)	The Committee consists of —

(a)	the Commissioner ex officio; and

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(b)	8 other members or such other number of persons as may be prescribed, appointed by the Minister in accordance with the regulations.

(2)	One of the members appointed under subsection (1)(b) is to be appointed as Chairperson.

63C.

Functions

The functions of the Committee are to advise the

Minister and the Commissioner on —

(a)	the regulation of the real estate, settlement and land valuation industries in Western Australia, including the licensing, regulation and training of persons or businesses who or which
undertake the functions of a real estate agent, real estate sales representative, business agent, business sales representative, settlement agent or land valuer; and
(b)	the provision by the Commissioner of education, information and advice to consumers and to the real estate, settlement and land valuation industries in Western Australia; and
(c)	the criteria required for applications under the Real Estate and Business Agents Act 1978 section 131O; and
(d)	any matter referred to the Committee by the Minister or the Commissioner.

63D.

Committee may regulate own procedure

(1)	The Committee may regulate its own procedure.
(2)	Subsection (1) is subject to the regulations.

Acts Amendment (Fair Trading) Act 2010

Part 2	Fair Trading Act 2010 amended
s. 6

Subdivision 2 — Motor Vehicle Industry Advisory

Committee

63E.

Motor Vehicle Industry Advisory Committee

A committee called the Motor Vehicle Industry

Advisory Committee is established.

63F.

Membership

(1)	The Committee consists of —

(a)	the Commissioner ex officio; and
(b)	8 other members or such other number of persons as may be prescribed, appointed by the Minister in accordance with the regulations.

(2)	One of the members appointed under subsection (1)(b) is to be appointed as Chairperson.

63G.

Functions

The functions of the Committee are to advise the

Minister and the Commissioner on —

(a)	the regulation of the motor vehicle dealing and repair industry in Western Australia, including the licensing, certification and training of
persons or businesses who or which engage in motor vehicle dealing and repair; and
(b)	the provision by the Commissioner of education, information and advice to consumers and to the motor vehicle dealing and repair industry in Western Australia; and
(c)	any matter referred to the Committee by the Minister or the Commissioner.

63H.

Committee may regulate own procedure

(1)	The Committee may regulate its own procedure.

Acts Amendment (Fair Trading) Act 2010

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(2)	Subsection (1) is subject to the regulations.

Subdivision 3 — Consumer Advisory Committee

63I.

Consumer Advisory Committee

A committee called the Consumer Advisory

Committee is established.

63J.

Membership

(1)	The Committee consists of —

(a)	the Commissioner ex officio; and
(b)	8 other members or such other number of persons as may be prescribed, appointed by the Minister in accordance with the regulations.

(2)	One of the members appointed under subsection (1)(b) is to be appointed as Chairperson.

63K.

Functions

The functions of the Committee are to advise the

Minister and the Commissioner on —

(a)	the activities and policies of the Department as they affect consumers; and
(b)	current and emerging consumer issues; and
(c)	research and education projects relating to consumers; and
(d)	any matter referred to the Committee by the Minister or the Commissioner.

63L.

Committee may regulate own procedure

(1)	The Committee may regulate its own procedure.
(2)	Subsection (1) is subject to the regulations.

Acts Amendment (Fair Trading) Act 2010

Part 2	Fair Trading Act 2010 amended
s. 7

Subdivision 4 — Regulations prescribing committee

procedures, etc.

63M.

Regulations

(1)

The regulations may provide for the constitution and

operation of the advisory committees established under

this Division.

(2)

Without limiting the generality of subsection (1), the

regulations may —

(a)	require that persons appointed as members of a committee —

(i)	possess particular expertise or qualifications; or

(ii) represent particular interest groups,

industries or occupations;

(b)	provide for the number of members, the manner, and terms and conditions of appointment, and the resignation and removal of members of the committees;
(c)	provide for the appointment of deputies of members;
(d)	provide for the manner in which members of the committees are to disclose interests;
(e)	regulate the procedure for meetings of the committees, including the quorum for meetings;
(f)	provide for the remuneration of members of the committees (other than a member ex officio).

7. Section 63 amended

In section 63 in the definition of authorised person delete

paragraph (c) and insert:

Acts Amendment (Fair Trading) Act 2010

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Part 2

s. 8

(c)	an investigator, or a police officer assisting in an investigation under section 88D;

8. Part 6 Division 4A inserted

After Part 6 Division 3 insert:

Division 4A — Specific powers for enforcement of

licensing and regulatory provisions

88A.	Terms used
In this Division —
*authorisation* means a licence, registration, approval, permit, exemption, certificate or other form of authority;
*registration Act* means an Act listed in Schedule 2;
*regulated activity* means an occupation or activity that can be lawfully carried on only under an authorisation granted or obtained under a registration Act;
*regulated person* means a person who carries on a regulated activity.
88B.	Investigation and inquiry by Commissioner for licensing and regulatory purposes

(1)	For the purposes of performing the Commissioner’s functions under section 57A, the Commissioner may, of the Commissioner’s own motion, make any investigation or inquiry that the Commissioner considers necessary or expedient for any of the following purposes —

(a)	determining any application or other matter before the Commissioner;

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(b)	determining whether or not a regulated person is or has been complying with —

(i) the conditions, if any, of their authorisation; or

(ii) the requirements of the registration Act under which he or she holds an authorisation; or

(iii) a code of conduct applying to the regulated person under a registration Act;

(c)	determining whether or not any other cause exists that might be considered by the Commissioner to be grounds for disciplinary action against a regulated person under a registration Act;
(d)	detecting offences against a registration Act.

(2)	An authorised person may make an investigation or inquiry under this section on behalf of the Commissioner.

88C.

Authorised persons may exercise investigative

powers

Authorised persons may exercise the powers set out in Division 3 for the purposes of the performance of any function under this Division.

88D.

Police assistance with investigations and inquiries

(1)	The Commissioner of Police must, at the request of the Commissioner, arrange for one or more police officers —

(a)	to make an investigation or inquiry relating to any matter that is the subject of investigation or inquiry under section 88B; and

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(b)	to report on the results of their investigation or inquiry.

(2)	The report must be forwarded to the Commissioner.
(3)	Where a police officer makes an investigation or inquiry or report relating to any matter that is the subject of investigation or inquiry under
section 88B —

(a)	in addition to any power, authority, and immunity of the police officer apart from this Act, the police officer has the same powers, authorities, and immunities as an investigator appointed under this Act has in respect of the same matter; and
(b)	for the purposes of section 66, it is sufficient if the police officer identifies himself or herself as a police officer to the person, if any, affording entry to the police officer.

88E.

Compliance checks at regulated person’s business

premises

(1)	An authorised person may, for all or any of the purposes listed in subsection (2) —

(a)	during normal business hours, enter premises where the business of a regulated person is being carried on, without obtaining a warrant under section 74; and
(b)	exercise the powers in sections 69, 79 and 87 once entry is made.

(2)	The purposes referred to in subsection (1) are as follows —

(a)	to determine whether or not a regulated person is or has been complying with the conditions, if any, of their authorisation;

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(b)	to determine whether or not a regulated person is or has been complying with the requirements of the registration Act under which he or she

holds an authorisation;

(c)	to determine whether or not a regulated person is or has been complying with a code of conduct applying to the registered person under a registration Act.

(3)	An authorised person may invoke the powers in subsection (1) even though an investigation is not under way in relation to any particular regulated person.

9. Section 88 amended

In section 88(1) after “Division 3” insert:

or 4A

10. Section 89 amended

(1)	After section 89(1) insert:

(2A)

A person must not prevent or attempt to prevent an

authorised person from entering business premises in

the exercise of the authorised person’s powers under

section 88E.

Penalty: a fine of $2 000.

(2)	In section 89(2) delete “69.” and insert:
69 or 88E.

Acts Amendment (Fair Trading) Act 2010

Fair Trading Act 2010 amended	Part 2
s. 11

(3)	After section 89(4) insert:

(5A)

A person must comply with a requirement to furnish

reasonable access to business premises, or to give other

reasonable assistance to an authorised person, when the

authorised person is exercising the authorised person’s

powers under section 88E.

Penalty: a fine of $2 000.

11. Section 112 amended

In section 112(3):

(a)

delete paragraph (c) and insert:

(c)	for the purposes of performing a function under or in connection with —

(i) this Act; or

(ii) an Act listed in Schedule 2;

(da)	for the purposes of giving information to a body established under a written law if —

(i) the information concerns the affairs of a regulated person or former regulated person; and

(ii) the information is given in relation to the performance by that body of a function under or in connection with that written law;

(b)	in paragraph (e) delete “offence.” and insert:

offence; or

Acts Amendment (Fair Trading) Act 2010

Part 2	Fair Trading Act 2010 amended
s. 12

(c)

after paragraph (e) insert:

(f)	by the Commissioner for the purpose of making the public aware of —

(i) investigations or inquiries being conducted into the conduct of a regulated person, former regulated

person or purported regulated person, and the results of those inquiries; and

(ii) disciplinary action being contemplated or undertaken in relation to a regulated person, former regulated person or

purported regulated person, and the

outcome of that action.

12. Schedule 2 inserted

After Schedule 1 insert:

Schedule 2 — Registration Acts

[s. 88A]

The following Acts are specified for the purposes of

section 88A —

Land Valuers Licensing Act 1978

Motor Vehicle Dealers Act 1973

Motor Vehicle Repairers Act 2003

Real Estate and Business Agents Act 1978

Settlement Agents Act 1981

Acts Amendment (Fair Trading) Act 2010

Land Valuers Licensing Act 1978 amended	Part 3
s. 13

Part 3 — Land Valuers Licensing Act 1978 amended

13. Act amended

This Part amends the Land Valuers Licensing Act 1978.

14. Section 4 amended

(1)	In section 4 delete the definitions of:
*Chairman*
*member* (each occurrence) *Registrar* *the Board*
(2)	In section 4 insert in alphabetical order:

Commissioner has the meaning given in the Fair

Trading Act 2010 section 6;

department means the department of the Public Service

principally assisting the Minister in the administration

of this Act;

(3)

In section 4 in the definition of officer paragraph (b) delete

“corporation;” and insert:

corporation.

15. Part II heading deleted

Delete the heading to Part II.

16. Part II Division 1 deleted

Delete Part II Division 1.

Acts Amendment (Fair Trading) Act 2010

Part 3	Land Valuers Licensing Act 1978 amended
s. 17

17. Part II Division 2 heading deleted

Delete the heading to Part II Division 2.

18. Sections 12 to 14 deleted

Delete sections 12, 13 and 14.

19. Section 15 replaced

Delete section 15 and insert:

15. Powers of investigation

The Fair Trading Act 2010 section 61 and Part 6 of

that Act apply to this Act.

20. Sections 15A to 15C deleted

Delete sections 15A, 15B and 15C.

21. Section 17 amended

Delete section 17(5) and insert:

(5)	If the Commissioner is considering making an adverse decision in relation to the application, the Commissioner must give the applicant the opportunity to give additional information in relation to that application.

22. Section 18 amended

Delete section 18(4) and insert:

(4)	If the Commissioner is considering making an adverse decision in relation to the objection, the Commissioner

Acts Amendment (Fair Trading) Act 2010

Land Valuers Licensing Act 1978 amended	Part 3
s. 23

must give the objector the opportunity to give

additional information in relation to that objection.

23. Section 19A amended

In section 19A(1) delete “Board, in a meeting at any time and

place without notice to the applicant.” and insert:

Commissioner without notice to the applicant.

24. Section 21 amended

In section 21(3) delete “applies,” and insert:

and the Fair Trading Act 2010 apply,

25. Section 22 amended

In section 22(1) and (2) delete “Board shall” and insert:

Commissioner may

26. Section 31 amended

(1)

Delete section 31(1) and insert:

(1)	The chief executive officer is to ensure that the matters set out in subsection (1a) are included in the department’s annual report.

Acts Amendment (Fair Trading) Act 2010

Part 3	Land Valuers Licensing Act 1978 amended
s. 27

(2)	In section 31(1a) delete “The Board’s” and insert:
The department’s
(3)	Delete section 31(2).

27. Section 32 deleted

Delete section 32.

28. Section 33 replaced

Delete section 33 and insert:

33. Confidentiality of information officially obtained

The Fair Trading Act 2010 section 112 applies to information obtained for the purposes of this Act.

29. Section 36 amended

Delete section 36(2)(a) and (b).

30. Part VI inserted

After Part V insert:

Part VI — Miscellaneous transitional matters

37. Terms used

In this Part —

commencement day means the day on which the Acts

Amendment (Fair Trading) Act 2010 Part 3 comes into

operation;

Acts Amendment (Fair Trading) Act 2010

Land Valuers Licensing Act 1978 amended	Part 3
s. 30

liability means any liability, duty or obligation whether

actual, contingent or prospective, liquidated or

unliquidated, or whether owed alone or jointly or

jointly and severally with any other person;

right means any right, power, privilege or immunity

whether actual, contingent or prospective;

the former Board means the Land Valuers Licensing

Board established by section 5 of this Act immediately

prior to the commencement day;

the former Registrar means the Registrar of the former

Board immediately prior to the commencement day.

38. Former Board abolished

Subject to sections 44 and 45, at the beginning of the

commencement day, the former Board is abolished and

its members go out of office.

39. References to the former Board

If in a written law or other document or instrument

there is a reference to the former Board or the former

Registrar, that reference may, where the context so

requires, be read as if it had been amended to be a

reference to the Commissioner.

40. Immunity continues

Despite the abolition of the former Board, if the former Board had the benefit of any immunity in respect of an act, matter or thing done or omitted before the

commencement day, that immunity continues in that

respect for the benefit of the Commissioner.

41. Notices of maximum amounts of remuneration

A notice published in the Gazette by the Board under

section 25 is taken to have been published by the

Commissioner.

Acts Amendment (Fair Trading) Act 2010

Part 3	Land Valuers Licensing Act 1978 amended
s. 30

42. Unfinished proceedings by the former Registrar

Proceedings taken by the former Registrar under

section 35 that are not complete at the commencement

day are to continue under the direction and control of

the Commissioner.

43. Unfinished proceedings by the former Board

(1)	Proceedings before the former Board under Part II Division 2 of the Act as it was prior to the commencement day that are not complete by the commencement day —

(a)	are taken to have been commenced by the Commissioner for the purposes of the Act; and
(b)	are to continue under the direction and control of the Commissioner.

(2)	Proceedings before the State Administrative Tribunal or another court commenced by allegation against a licensed valuer brought by the former Board that are not complete by the commencement day —

(a)	are taken to have been commenced by an allegation by the Commissioner for the purposes of the Act; and
(b)	are to continue under the direction and control of the Commissioner.

44. Winding-up by the former Board

As soon as reasonably practicable after the

commencement day, the Board is to wind-up its affairs

and in particular, but without limiting what may be

done to wind-up its affairs, the Board is to apply its

assets, together with any moneys in hand, in —

(a) discharging its liabilities; and

Acts Amendment (Fair Trading) Act 2010

Land Valuers Licensing Act 1978 amended	Part 3
s. 30

(b)

transferring any assets which remain after the discharge of liabilities (residual assets) to the State to be administered in the department, or realising residual assets and causing the

proceeds, together with any moneys in hand, to

be credited to the Consolidated Account.

45. Final report by the former Board

(1)	As soon as reasonably practical after the Board is satisfied that the winding-up of its affairs is concluded, it is to —

(a)	make and submit to the Minister a report of its proceedings for the period beginning on the day after the commencement day and ending on the day on which the winding-up of its affairs is concluded; and
(b)	deliver to the chief executive officer all records and information in its possession or under its control.

(2)	The chief executive officer is to include the final report submitted under subsection (1) in the department’s annual report for that financial year.

46. Powers in relation to transitional matters

(1)

If there is not sufficient provision in this Part for

dealing with a transitional matter, the Governor may

make regulations prescribing all matters that are

required, necessary or convenient to be prescribed in

relation to that matter.

(2)

In subsection (1) —

transitional matter means a matter that needs to be dealt with for the purpose of effecting the transition from this Act as enacted immediately before the

Acts Amendment (Fair Trading) Act 2010

Part 3

Land Valuers Licensing Act 1978 amended

s. 30

commencement day to this Act as amended by the Acts

Amendment (Fair Trading) Act 2010.

(3)	Regulations made under subsection (1) may provide that specific provisions of a written law —

(a) do not apply; or

(b) apply with specific modifications,

to or in relation to any matter.

(4)	Regulations made under subsection (1) must be made within 12 months after the commencement day.
(5)	If regulations made under subsection (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the commencement
day, the regulations have effect according to their terms.
(6)	In subsection (5) —
*specified* means specified or described in the regulations.
(7)	If regulations contain a provision referred to in subsection (5), the provision does not operate so as —

(a)	to affect, in a manner prejudicial to any person (other than the State), the right of that person existing before the day of publication of those regulations; or
(b)	to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.

Acts Amendment (Fair Trading) Act 2010

Land Valuers Licensing Act 1978 amended	Part 3
s. 31

31. Various references to “Commissioner” inserted

Amend the provisions listed in the Table as set out in the Table

Table

Provision

Delete

Insert

s. 4 def. of *approved*	Board	Commissioner
s. 16(1)	Board	Commissioner
s. 17(1) and (4)	Board	Commissioner
(each occurrence)
s. 18(2)	Board	Commissioner
s. 19	Board	Commissioner
(first occurrence)
s. 19	Board, by such	Commissioner, by
evidence as it	such evidence as the Commissioner
s. 19(c)	Board	Commissioner
s. 19A(2)	Board	Commissioner
s. 19A(2)	Registrar	Commissioner
s. 20(a)	Board	Commissioner
s. 21(1)	Board	Commissioner
s. 22(1) and (3)	Board	Commissioner
(each occurrence)
s. 25(1)	Board	Commissioner

Acts Amendment (Fair Trading) Act 2010

Part 3	Land Valuers Licensing Act 1978 amended
s. 31

Provision

Delete

Insert

s. 26	Board	Commissioner
s. 27	Board	Commissioner
s. 29(1), (2), (3) and (4)	Registrar	Commissioner
s. 29A(1) and (2)	Registrar	Commissioner
s. 30(1), (2), (3) and (4)	Registrar	Commissioner
s. 31(1a)(a)(i) and (ii)	Board	Commissioner
and (d)
s. 31(1a)(e)	Board’s	Commissioner’s
s. 35(1)	Registrar	Commissioner

Acts Amendment (Fair Trading) Act 2010

Motor Vehicle Dealers Act 1973 amended	Part 4
s. 32

Part 4 — Motor Vehicle Dealers Act 1973 amended

32. Act amended

This Part amends the Motor Vehicle Dealers Act 1973.

33. Long title amended

In the long title delete “•

to constitute a body with licensing,

registration and other functions in respect of persons

involved in motor vehicle dealing and motor vehicle repair

work;”.

34. Section 5 amended

(1)

In section 5(1) delete the definitions of:

Chairperson

Commissioner

member

secretary

the Board

(2)

In section 5(1) insert in alphabetical order:

Commissioner has the meaning given in the Fair

Trading Act 2010 section 6;

35. Section 5B inserted

After section 5A insert:

5B.

Person may be taken to be a dealer

(1)	A person who —

(a)	holds himself or herself out as a person carrying on the business of buying or selling vehicles; or

Acts Amendment (Fair Trading) Act 2010

Part 4

Motor Vehicle Dealers Act 1973 amended

s. 35

(b)

is taken to be carrying on the business of selling

vehicles for the purposes of the definition of dealer.

sells or exchanges 4 or more vehicles in any dealers,

(2)	For the purposes of subsection (1)(a), a person holds himself or herself out as a person carrying on the business of buying or selling vehicles if that person —

(a)	advertises or notifies or states that the person carries on the business of buying or selling vehicles; or
(b)	in any way represents that the person is ready to carry on, or is carrying on, the business of buying or selling vehicles.

(3)	Despite subsection (1), a person who sells or exchanges 4 or more vehicles in any 12 month period to or with persons who are not dealers is not taken to be a dealer if the person can prove that —

(a)	he or she was not carrying on the business of buying or selling vehicles; and
(b)	the person did not hold himself or herself out as a person carrying on the business of buying or selling vehicles.

(4)

When counting the number of vehicles sold or

exchanged for the purposes of this section, a sale or

exchange of a type prescribed to be an exempt sale or

an exempt exchange for the purposes of this subsection

is not to be counted.

(5)

Nothing in subsection (1) prevents a person who sells

or exchanges fewer than 4 vehicles in any 12 month

period to or with persons who are not dealers from

being a dealer carrying on the business of buying or

selling vehicles under this Act.

Acts Amendment (Fair Trading) Act 2010

Motor Vehicle Dealers Act 1973 amended	Part 4
s. 36

36. Section 5AA deleted

Delete section 5AA.

37. Section 6 replaced

Delete section 6 and insert:

6. Powers of investigation

The Fair Trading Act 2010 section 61 and Part 6 of

that Act apply to this Act.

38. Part II heading amended

In the heading to Part II delete “Motor Vehicle Industry

Board” and insert:

Licensing, registration, powers and offences

39. Part II Division 1 deleted

Delete Part II Division 1.

40. Section 16 amended

Delete section 16(2).

41. Section 17 amended

Delete section 17(2).

Acts Amendment (Fair Trading) Act 2010

Part 4	Motor Vehicle Dealers Act 1973 amended
s. 42

42. Section 18 amended

(1)	Delete section 18(1a) and insert:

(1A)	If the Commissioner is considering making an adverse decision in relation to the application, the Commissioner must give the applicant the opportunity to give additional information in relation to that application.

(2)

Delete section 18(2).

Note:

The heading to amended section 18 is to read:

Matters which may be considered in refusing the grant or renewal

of an authorisation

43. Section 22 amended

Delete section 22(3).

44. Section 23 amended

(1)

In section 23(3) delete “secretary shall submit those particulars

to the Board and the Board” and insert:

Commissioner

(2)

In section 23(5) delete “Board refuses to approve of the changes

submitted to it pursuant to subsection (3) the secretary” and

insert:

Commissioner refuses to approve of the changes

submitted pursuant to subsection (3) the Commissioner

Acts Amendment (Fair Trading) Act 2010

Motor Vehicle Dealers Act 1973 amended	Part 4
s. 45

45. Section 24 amended

(1)	In section 24(5) delete “hours of the Board.” and insert:
hours.
(2)	In section 24(6) delete “secretary a certificate under his hand —” and insert:
Commissioner a certificate —

46. Section 32K amended

In section 32K(1) delete “Board, on an application made by it”

and insert:

Commissioner, on an application made by the

Commissioner

47. Section 50 replaced

Delete section 50 and insert:

50. Confidentiality of information officially obtained

The Fair Trading Act 2010 section 112 applies to information obtained for the purposes of this Act.

Acts Amendment (Fair Trading) Act 2010

Part 4	Motor Vehicle Dealers Act 1973 amended
s. 48

48. Section 51 amended

(1)

Delete section 51(1) and insert:

(1)	The chief executive officer is to ensure that the matters set out in subsection (1a) are included in the Department’s annual report.

(2)

Delete section 51(2).

49. Part V inserted

After section 56 insert:

Part V — Miscellaneous transitional matters

57. Terms used

In this Part —

commencement day means the day on which the Acts

Amendment (Fair Trading) Act 2010 Part 4 comes into

operation;

liability means any liability, duty or obligation whether

actual, contingent or prospective, liquidated or

unliquidated, or whether owed alone or jointly or

jointly and severally with any other person;

right means any right, power, privilege or immunity

whether actual, contingent or prospective;

the former Board means the Motor Vehicle Industry

Board established by section 7 of this Act immediately

prior to the commencement day.

Acts Amendment (Fair Trading) Act 2010

Motor Vehicle Dealers Act 1973 amended	Part 4
s. 49

58. Former Board abolished

Subject to sections 63 and 64, at the beginning of the

commencement day, the former Board is abolished and

its members go out of office.

59. References to the former Board

If in a written law or other document or instrument

there is a reference to the former Board, that reference

may, where the context so requires, be read as if it had

been amended to be a reference to the Commissioner.

60. Immunity continues

Despite the abolition of the former Board, if the former Board had the benefit of any immunity in respect of an act, matter or thing done or omitted before the

commencement day, that immunity continues in that

respect for the benefit of the Commissioner.

61. Unfinished investigations by the former Board

Investigations being carried out by the former Board

under the Act as it was prior to the commencement day

that are not complete by the commencement day —

(a)	are taken to have been commenced by the Commissioner for the purposes of the Act; and
(b)	are to continue under the direction and control of the Commissioner.

62. Unfinished proceedings by the former Board

(1)	Proceedings before the former Board that are not complete by the commencement day —

(a)	are taken to have been commenced by the Commissioner for the purposes of the Act; and
(b)	are to continue under the direction and control of the Commissioner.

Acts Amendment (Fair Trading) Act 2010

Part 4	Motor Vehicle Dealers Act 1973 amended
s. 49

(2)	Proceedings before the State Administrative Tribunal or another court commenced by allegation against a licensed motor vehicle dealer or repairer brought by the former Board that are not complete by the commencement day —

(a)	are taken to have been commenced by an allegation by the Commissioner for the purposes of the Act; and
(b)	are to continue under the direction and control of the Commissioner.

63. Winding-up by the former Board

As soon as reasonably practicable after the

commencement day, the Board is to wind-up its affairs

and in particular, but without limiting what may be

done to wind-up its affairs, the Board is to apply its

assets, together with any money in hand, in —

(a) discharging its liabilities; and

(b)

transferring any assets which remain after the discharge of liabilities (residual assets) to the State to be administered in the department, or realising residual assets and causing the

proceeds, together with any moneys in hand, to

be credited to the Consolidated Account.

64. Final report by the former Board

(1)	As soon as reasonably practical after the Board is satisfied that the winding-up of its affairs is concluded, it is to —

(a)	make and submit to the Minister a report of its proceedings for the period beginning on the day after the commencement day and ending on the day on which the winding-up of its affairs is concluded; and

Acts Amendment (Fair Trading) Act 2010

Motor Vehicle Dealers Act 1973 amended	Part 4
s. 49

(b)	deliver to the chief executive officer all records and information in its possession or under its control.

(2)	The chief executive officer is to include the final report submitted under subsection (1) in the department’s annual report for that financial year.

65. Powers in relation to transitional matters

(1)	If there is not sufficient provision in this Part for dealing with a transitional matter, the Governor may make regulations prescribing all matters that are required, necessary or convenient to be prescribed in relation to that matter.
(2)	In subsection (1) —
*transitional matter* means a matter that needs to be dealt with for the purpose of effecting the transition from this Act as enacted immediately before the
commencement day to this Act as amended by the Acts Amendment (Fair Trading) Act 2010.
(3)	Regulations made under subsection (1) may provide that specific provisions of a written law —

(a) do not apply; or

(b) apply with specific modifications,

to or in relation to any matter.

(4)

Regulations made under subsection (1) must be made

within 12 months after the commencement day.

(5)

If regulations made under subsection (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the commencement

Acts Amendment (Fair Trading) Act 2010

Part 4

Motor Vehicle Dealers Act 1973 amended

s. 50

day, the regulations have effect according to their

terms.

(6)

In subsection (5) —

specified means specified or described in the

regulations.

(7)

If regulations contain a provision referred to in

subsection (5), the provision does not operate so as —

(a)	to affect, in a manner prejudicial to any person (other than the State), the right of that person existing before the day of publication of those regulations; or
(b)	to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.

50. Various references to “Commissioner” inserted

Amend the provisions listed in the Table as set out in the Table.

Table

Provision

Delete

Insert

s. 5(1) def. of *approved*	Board	Commissioner
s. 15(1), (2), (2a), (2b), (3),	Board	Commissioner
(4), (5) and (6)	(each occurrence)
s. 16(1)	Board	Commissioner
(each occurrence)
s. 17(1)	Board	Commissioner
(each occurrence)

Acts Amendment (Fair Trading) Act 2010

Motor Vehicle Dealers Act 1973 amended	Part 4
s. 50

Provision

Delete

Insert

s. 17B(1), (2), (3) and (4)	Board	Commissioner
(each occurrence)
s. 17C(1)	Board	Commissioner
it	the Commissioner
s. 17C(2)	Board	Commissioner
it	the Commissioner
s. 17C(3)	Board	Commissioner
s. 18(1)	Board	Commissioner
(each occurrence)
s. 18(1c)	Board	Commissioner
s. 18A(1), (2), (3), (4)	Board	Commissioner
and (5)
s. 19(2), (3) and (3b)	Board	Commissioner
(each occurrence)
s. 19A(1) and (2)	Board	Commissioner
s. 20(1), (2) and (3)	Board	Commissioner
s. 20D(2)	Board	Commissioner
s. 20E(1)(b)	Board	Commissioner
s. 20E(3)	Board, if it	Commissioner, if the Commissioner

Acts Amendment (Fair Trading) Act 2010

Part 4	Motor Vehicle Dealers Act 1973 amended
s. 50

Provision

Delete

Insert

s. 20E(4)	Board	Commissioner
(each occurrence)
s. 20F(1) and (2)	Board	Commissioner
(each occurrence)
s. 20G(1)	Board	Commissioner
s. 20H(2), (3) and (4)	Board	Commissioner
(each occurrence)
s. 20H(5)	secretary	Commissioner
s. 21A(1)(b)	Board	Commissioner
s. 21A(3)	Board, if it	Commissioner, if the Commissioner
s. 21A(4)	Board	Commissioner
(each occurrence)
s. 21A(4)(b)	it	the Commissioner
s. 21B(1) and (2)	Board	Commissioner
(each occurrence)
s. 21C(1)	Board	Commissioner
s. 22(2) def. of *reviewable*	Board	Commissioner
*decision*
s. 22(2) def. of *reviewable*	its	the
*decision* par. (c)	Commissioner’s
s. 22(2) def. of *reviewable*	it	the Commissioner
*decision* par. (e)

Acts Amendment (Fair Trading) Act 2010

Motor Vehicle Dealers Act 1973 amended	Part 4
s. 50

Provision

Delete

Insert

s. 22A(1), (2) and (3)	secretary	Commissioner
s. 23(1) and (2)	secretary	Commissioner
s. 23(3)	it	the Commissioner
s. 24(1), (3) and (4)	secretary	Commissioner
s. 31(1) and (2)	Board	Commissioner
(each occurrence)
s. 32E(1)	Board	Commissioner
s. 32J(1)	Board	Commissioner
s. 32J(1)	if it	if the Commissioner
s. 32J(2)	Board	Commissioner
(each occurrence)
s. 32L(1), (2) and (3)	Board	Commissioner
(each occurrence)
s. 32N(1)	Board	Commissioner
s. 32O(1)	Board, the Board	Commissioner, the Commissioner
s. 32O(2)(b) and (3)(c)	Board	Commissioner
s. 32P(a)(i) and (c)(v)	Board	Commissioner
s. 51(1a)(a) and (d)	Board	Commissioner
(each occurrence)

Acts Amendment (Fair Trading) Act 2010

Part 4	Motor Vehicle Dealers Act 1973 amended
s. 50

Provision

Delete

Insert

s. 51(1a)(e)

Board’s

Commissioner’s

Note:	The heading to amended section 20 is to read:
Allegations by Commissioner to State Administrative Tribunal

Acts Amendment (Fair Trading) Act 2010

Motor Vehicle Repairers Act 2003 amended	Part 5
s. 51

Part 5 — Motor Vehicle Repairers Act 2003 amended

51. Act amended

This Part amends the Motor Vehicle Repairers Act 2003.

52. Long title amended

In the long title delete “•

the Motor Vehicle Industry Board

to be responsible for such licensing and certification and for the conciliation of certain disputes relating to motor vehicle repair work;”.

53. Section 3 amended

(1)

In section 3(1) delete the definitions of:

Board

Commissioner

inquiry

secretary

(2)

In section 3(1) insert in alphabetical order:

Commissioner has the meaning given in the Fair

Trading Act 2010 section 6;

(3)	In the definition of *repairer’s certificate* delete “42;” and insert:
42.
(4)	Delete section 3(4).

Acts Amendment (Fair Trading) Act 2010

Part 5	Motor Vehicle Repairers Act 2003 amended
s. 54

54. Section 7 replaced

Delete section 7 and insert:

7. Powers of investigation

The Fair Trading Act 2010 section 61 and Part 6 of

that Act apply to this Act.

55. Section 21 deleted

Delete section 21.

56. Section 32 amended

(1)

Delete section 32(2) and insert:

(2)	If the Commissioner is considering refusing to renew a business licence under subsection (1), the Commissioner must give the licensee the opportunity to give additional information in relation to that application for renewal.

(2)

In section 32(3)(b)(ii) delete “Board to hold an inquiry as

required by subsection (2),” and insert:

Commissioner to give proper

consideration to that matter,

(3)	In section 32(3) delete “Board’s power” and insert:
State Administrative Tribunal’s power

Acts Amendment (Fair Trading) Act 2010

Motor Vehicle Repairers Act 2003 amended	Part 5
s. 57

57. Section 35 amended

In section 35(4) delete “Board may refuse to give its approval

under subsection (2) only if it” and insert:

Commissioner may refuse to give an approval under

subsection (2) only if the Commissioner

58. Section 36 amended

In section 36(4) delete “Board may refuse to give its approval

under subsection (2) only if it” and insert:

Commissioner may refuse to give an approval under

subsection (2) only if the Commissioner

59. Section 62 amended

Delete section 62(2).

60. Part 6 heading replaced

Delete the heading to Part 6 and insert:

Part 6 — Disciplinary powers

61. Section 65 replaced

Delete section 65 and insert:

65. Application of Part

(1)	This Part applies to a person if that person is —

(a)	a licensee or one of the licensees; or

Acts Amendment (Fair Trading) Act 2010

Part 5

Motor Vehicle Repairers Act 2003 amended

s. 62

(b)	a person concerned in the management or conduct of a body corporate that is a licensee or one of the licensees; or
(c)	the holder of a certificate.

(2)	An order cannot be made under this Part in respect of a person unless —

(a)	an inquiry has been conducted; and
(b)	the person has been given an opportunity to show cause why the order should not be made.

62. Sections 66 and 67 deleted

Delete sections 66 and 67.

63. Section 68 amended

In section 68(1):

(a)	delete “section 66, the Board” and insert:

section 65(2), the State Administrative Tribunal

(b)	delete “Board —” and insert:

State Administrative Tribunal —

(c)	in paragraph (b) delete “Board” and insert:

State Administrative Tribunal

Acts Amendment (Fair Trading) Act 2010

Motor Vehicle Repairers Act 2003 amended	Part 5
s. 64

64. Section 70 amended

In section 70 delete “section 66, the Board” and insert:

section 65(2), the State Administrative Tribunal

65. Section 71 amended

In section 71(1) and (2) delete “Board” (first and second

occurrence) and insert:

State Administrative Tribunal

66. Section 73 amended

(1)	In section 73(2):

(a)	in paragraph (c) delete “exercise of —” and insert:

exercise of the Commissioner’s —

(b)	delete paragraph (c)(i);
(c)	in paragraph (c)(ii) and (iii) delete “its”.

(2)

After section 73(2) insert:

(3)	This section applies to a decision or order of the State Administrative Tribunal in exercise of its powers under section 68 or 70.

67. Section 74 deleted

Delete section 74.

Acts Amendment (Fair Trading) Act 2010

Part 5	Motor Vehicle Repairers Act 2003 amended
s. 68

68. Section 76 deleted

Delete section 76.

69. Section 77 amended

In section 77(2) delete “person, the Board and the

Commissioner” and insert:

person and the Commissioner

70. Section 78 amended

(1)	In section 78(1)(a) delete “Board; and” and insert:
Commissioner or the State Administrative Tribunal; and
(2)	In section 78(2) delete “Board” (each occurrence) and insert:
Commissioner or the State Administrative Tribunal

71. Section 80 amended

(1)	In section 80(1):

(a)	in paragraph (a) delete “Board;” and insert:

Commissioner or the State Administrative Tribunal; and

(b)	in paragraphs (b) and (c) delete “Board” and insert:

Commissioner or the State Administrative Tribunal

Acts Amendment (Fair Trading) Act 2010

Motor Vehicle Repairers Act 2003 amended	Part 5
s. 72

(c)	after paragraph (b) insert:

and

(2)	In section 80(2):

(a)	in paragraph (a) delete “Board; or” and insert:

Commissioner or the State Administrative Tribunal; or

(b)	in paragraph (b) delete “Board” and insert:

Commissioner or the State Administrative Tribunal

(c)	delete “Board.” and insert:

Commissioner or the State Administrative Tribunal.

72. Section 85 amended

In section 85(3):

(a)	in paragraph (a) delete “conciliation; and” and insert:

conciliation.

(b)	delete paragraph (b).

Note:	The heading to amended section 85 is to read:
Conciliation at request of owner

Acts Amendment (Fair Trading) Act 2010

Part 5	Motor Vehicle Repairers Act 2003 amended
s. 73

73. Section 97 amended

In section 97 in the definition of authorised officer delete

“section 3(1) except that it does not include the secretary if he

or she is an authorised officer;” and insert:

section 3(1);

74. Section 111 replaced

Delete section 111 and insert:

111. Confidentiality of information officially obtained

The Fair Trading Act 2010 section 112 applies to information obtained for the purposes of this Act.

75. Sections 112 and 113 deleted

Delete sections 112 and 113.

76. Section 116 deleted

Delete section 116.

77. Part 11 replaced

Delete Part 11 and insert:

Part 11 — Transitional provisions

120. Terms used

In this Part —

commencement day means the day on which the Acts

Amendment (Fair Trading) Act 2010 Part 5 comes into

operation;

Acts Amendment (Fair Trading) Act 2010

Motor Vehicle Repairers Act 2003 amended	Part 5
s. 77

the former Board means the Motor Vehicle Industry

Board established by the Motor Vehicle Dealers

Act 1973 section 7 prior to the commencement day.

121. Unfinished proceedings by the former Board

(1)	Proceedings before the former Board that are not complete at the commencement day —

(a)	are taken to have been commenced by the Commissioner for the purposes of the Act; and
(b)	are to continue under the direction and control of the Commissioner.

(2)	Proceedings before the State Administrative Tribunal or another court commenced by allegation against a licensed motor vehicle dealer or repairer brought by the former Board that are not complete at the commencement day —

(a)	are taken to have been commenced by an allegation by the Commissioner for the purposes of the Act; and
(b)	are to continue under the direction and control of the Commissioner.

122. Powers in relation to transitional matters

(1)	The Governor may make regulations prescribing all matters that are required, necessary or convenient to be prescribed in relation to transitional matters consequential upon the enactment of the Acts Amendment (Fair Trading) Act 2010 Part 5.
(2)	In subsection (1) —
*transitional matter* means a matter that needs to be dealt with for the purpose of effecting the transition from this Act as enacted immediately before the
commencement day to this Act as amended by the Acts Amendment (Fair Trading) Act 2010.

Acts Amendment (Fair Trading) Act 2010

Part 5	Motor Vehicle Repairers Act 2003 amended
s. 77

(3)	Regulations made under subsection (1) may provide that specific provisions of a written law —

(a) do not apply; or

(b) apply with specific modifications,

to or in relation to any matter.

(4)	Regulations made under subsection (1) must be made within 12 months after the commencement day.
(5)	If regulations made under subsection (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the Gazette but not earlier than the commencement
day, the regulations have effect according to their terms.
(6)	In subsection (5) —
*specified* means specified or described in the regulations.
(7)	If regulations contain a provision referred to in subsection (5), the provision does not operate so as —

(a)	to affect, in a manner prejudicial to any person (other than the State), the right of that person existing before the day of publication of those regulations; or
(b)	to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.

Acts Amendment (Fair Trading) Act 2010

Motor Vehicle Repairers Act 2003 amended	Part 5
s. 78

78. Schedule 2 amended

(1)	In Schedule 2 clause 1(b) delete “Board.” and insert:
State Administrative Tribunal or a court.
(2)	In Schedule 2 clause 3(1) and (2) delete “Board” (each occurrence) and insert:
State Administrative Tribunal

79. Various references to “Commissioner” inserted

Amend the provisions listed in the Table as set out in the Table.

Table

Provision

Delete

Insert

s. 3(1) def. of *approved*	Board	Commissioner
s. 13(4)	Board	Commissioner
it	the Commissioner
s. 14(2)	Board	Commissioner
s. 15	Board	Commissioner
s. 16(1)	Board	Commissioner
s. 16(2)	Board	Commissioner
it	the Commissioner
s. 17	Board	Commissioner

Acts Amendment (Fair Trading) Act 2010

Part 5	Motor Vehicle Repairers Act 2003 amended
s. 79

Provision

Delete

Insert

s. 18(1)	Board	Commissioner
s. 18(2)	Board	Commissioner
it	the Commissioner
s. 19	Board	Commissioner
s. 20(1)	Board	Commissioner
s. 20(2)	Board	Commissioner
it	the Commissioner
s. 22	Board	Commissioner
s. 23(1)	Board	Commissioner
s. 23(2)	Board	Commissioner
it	the Commissioner
s. 24(2) and (3)	Board	Commissioner
s. 25	Board	Commissioner
it	the Commissioner
s. 27(1), (2), (3), (4), (5)	Board	Commissioner
and (6)	(each occurrence)
s. 31(1) and (4)	Board	Commissioner

Acts Amendment (Fair Trading) Act 2010

Motor Vehicle Repairers Act 2003 amended	Part 5
s. 79

Provision

Delete

Insert

s. 32(1)	Board	Commissioner
(each occurrence)
s. 32(3)	Board	Commissioner
(each occurrence)
s. 33(2)	Board	Commissioner
s. 34(2)	Board	Commissioner
s. 34(4)	Board	Commissioner
it	the Commissioner
s. 34(5)	Board	Commissioner
s. 35(2)	Board	Commissioner
s. 36(2)	Board	Commissioner
s. 37(1), (2), (3) and (4)	Board	Commissioner
(each occurrence)
s. 41(1)	Board	Commissioner
s. 42(1)	Board	Commissioner
it	the Commissioner
s. 42(2)(b)	Board	Commissioner
s. 43(1), (2), (3), (4), (5)	Board	Commissioner
and (6)	(each occurrence)

Acts Amendment (Fair Trading) Act 2010

Part 5	Motor Vehicle Repairers Act 2003 amended
s. 79

Provision

Delete

Insert

s. 44(1) and (2)	Board	Commissioner
(each occurrence)
s. 45(1)	Board	Commissioner
s. 47	Board	Commissioner
s. 48(1) and (2)	secretary	Commissioner
s. 50(1)	secretary	Commissioner
s. 50(3)	Board	Commissioner
s. 51	secretary	Commissioner
s. 52(1)	secretary	Commissioner
s. 53(1)	Board	Commissioner
it	the Commissioner
s. 53(2)	Board	Commissioner
(each occurrence)
s. 54(1) and (3)	secretary	Commissioner
s. 58(1)(b)	Board	Commissioner
s. 59(1)	Board, if it	Commissioner, if the Commissioner
s. 60(3)	Board, if it	Commissioner, if the Commissioner
s. 60(3)(a)	Board	Commissioner

Acts Amendment (Fair Trading) Act 2010

Motor Vehicle Repairers Act 2003 amended	Part 5
s. 79

Provision

Delete

Insert

s. 60(3)(b)	Board	Commissioner
it	the Commissioner
s. 61(1)	Board	Commissioner
(each occurrence)
s. 61(3)	Board, if it	Commissioner, if the Commissioner
s. 61(3)(a) and (b)	Board	Commissioner
(each occurrence)
s. 62(1)	Board	Commissioner
(each occurrence)
s. 62(3)	Board	Commissioner
it	the Commissioner
s. 63(1)	Board	Commissioner
s. 64(1)	Board	Commissioner
(each occurrence)
s. 69(2)	Board	Commissioner
(each occurrence)
s. 71(1) and (2)	Board	Commissioner
(third occurrence)
s. 72(2)	Board	Commissioner
s. 73(1) and (2)	Board	Commissioner

Acts Amendment (Fair Trading) Act 2010

Part 5	Motor Vehicle Repairers Act 2003 amended
s. 79

Provision

Delete

Insert

s. 82(1)(a)	Board	Commissioner
s. 85(1)	Board	Commissioner
(each occurrence)
s. 85(1)	its	the Commissioner’s
s. 85(2), (3) and (4)	Board	Commissioner
s. 86(1)	Board	Commissioner
s. 86(1)(c)	it	the Commissioner
s. 86(2) and (3)	Board	Commissioner
s. 88(1)	Board	Commissioner
s. 90(4)(b) and (5)(b)	Board	Commissioner
s. 92(3)(b) and (4)	Board	Commissioner
(each occurrence)
s. 93(2)	Board	Commissioner
it may at its	the Commissioner may at the Commissioner’s
s. 93(3) and (4)	Board	Commissioner
(each occurrence)
s. 94(1) and (2)	Board	Commissioner
(each occurrence)

Acts Amendment (Fair Trading) Act 2010

Motor Vehicle Repairers Act 2003 amended	Part 5
s. 79

Provision

Delete

Insert

s. 102(1)	Board or the	Commissioner
secretary
s. 103(1)	Board or the	Commissioner
secretary
s. 107(5)	Board	Commissioner

Notes: The heading to amended section 22 is to read:

Business licence not to be granted if applicant or other person

disqualified

The heading to amended section 27 is to read:

Conditions may be imposed

The heading to amended section 33 is to read:

Loss of member etc., notice to be given

The heading to amended section 52 is to read:

Certification of matters in the register

The heading to amended section 59 is to read:

Authorisation of premises

The heading to amended section 69 is to read:

Notification of a person’s conviction

Acts Amendment (Fair Trading) Act 2010

Part 6	Real Estate and Business Agents Act 1978 amended
s. 80

Part 6 — Real Estate and Business Agents

Act 1978 amended

80. Act amended

This Part amends the Real Estate and Business Agents Act 1978.

81. Section 4 amended

(1)

In section 4(1) delete the definitions of:

Advisory Committee

Board

Chairman

inspector

Registrar

(2)

In section 4(1) insert in alphabetical order:

Commissioner has the meaning given in the Fair

Trading Act 2010 section 6;

department means the department of the Public Service

principally assisting the Minister in the administration

of this Act;

(3)

In section 4(1) in the definition of Account delete “Board” and

insert:

Real Estate and Business Agents’

(4)

In section 4(1) in the definition of member delete paragraph (a).

82. Section 5 deleted

Delete section 5.

Acts Amendment (Fair Trading) Act 2010

Real Estate and Business Agents Act 1978 amended	Part 6
s. 83

83. Part II heading replaced

Delete the heading to Part II and insert:

Part II — Advisory Committee and review

84. Part II amended

In Part II delete Divisions 1, 1A and 2.

85. Part II Division 3 heading deleted

Delete the heading to Part II Division 3.

86. Sections 19, 20 and 21 deleted

Delete sections 19, 20 and 21.

87. Section 22 inserted

Before section 23 insert:

22. Powers of investigation

The Fair Trading Act 2010 section 61 and Part 6 of

that Act apply to this Act.

88. Section 23 amended

(1)	In section 23(2) in the definition of *person aggrieved*:

(a)	in paragraph (e) delete “Account; or” and insert:

Account;

(b)	delete paragraph (f).

Acts Amendment (Fair Trading) Act 2010

Part 6	Real Estate and Business Agents Act 1978 amended
s. 89

(2)	In section 23(2) in the definition of *reviewable decision*:

(a)	in paragraph (e) delete “117; or” and insert:

117.

(b)	delete paragraph (f).

89. Section 23A amended

(1)

Delete section 23A(3).

(2)

In section 23A(7) delete “Board” and insert:

department

(3)

In section 23A(9) delete “committee, other than a member who

is also a member of the Board,” and insert:

committee

(4)

Delete section 23A(11) and insert:

(11)	If a member of a committee —

(a)	is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws; or
(b)	becomes permanently incapable of performing his or her duties as a member; or
(c)	resigns his or her office by signing a written notice of resignation and giving it to the Minister; or

Acts Amendment (Fair Trading) Act 2010

Real Estate and Business Agents Act 1978 amended	Part 6
s. 90

(d)	absents himself or herself, except on leave duly granted by the Minister, from meetings of that committee for a period exceeding 8 weeks; or
(e)	ceases to hold any qualification required for becoming or being a member,

the office of that member becomes vacant.

Note:	The heading to amended section 23A is to read:
Advisory committees

90. Section 23C amended

(1)	In section 23C(1) delete “An officer of the Board (other than the Registrar, the Deputy Registrar, an Assistant Registrar or an inspector) or a person engaged under section 12AA(b)” and insert:

The Commissioner, or a person nominated by the

Commissioner,

(2)	In section 23C(5)(a) delete “the Board or”.
(3)	In section 23C(6)(b) delete “Board to provide its” and insert:
department to provide

91. Section 24 amended

Delete section 24(5) and insert:

(5)	If the Commissioner is considering making an adverse decision in relation to the application, the Commissioner must give the applicant the opportunity

Acts Amendment (Fair Trading) Act 2010

Part 6

Real Estate and Business Agents Act 1978 amended

s. 92

to give additional information in relation to that

application.

92. Section 25 amended

Delete section 25(4) and insert:

(4)	If the Commissioner is considering making an adverse decision in relation to the objection, the Commissioner must give the person making the objection the

opportunity to give additional information in relation to

that objection.

93. Section 33 amended

Delete section 33(5) and insert:

(5)	If the Commissioner is considering making an adverse decision in relation to the application, the Commissioner must give the applicant the opportunity to give additional information in relation to that application.

94. Section 34A amended

(1)

Delete section 34A(1) and insert:

(1)	Subject to this Part, a licence may be granted and a triennial certificate may be granted or renewed (as long as there is no objection in respect of a licence and special conditions are not imposed or changed), by the Commissioner without notice to the applicant.

(2)

Delete section 34A(3).

Acts Amendment (Fair Trading) Act 2010

Real Estate and Business Agents Act 1978 amended	Part 6
s. 95

95. Section 43 amended

chief executive officer,

161. Section 99 amended

(1)	In section 99(1):

(a)	delete “Board may” and insert:

chief executive officer may, on behalf of the State,

(b)	delete “Board will” and insert:

State will

(2)	In section 99(3) delete “Board” and insert:
chief executive officer

Acts Amendment (Fair Trading) Act 2010

Settlement Agents Act 1981 amended	Part 7
s. 162

(3)	In section 99(4) delete “Board or against a member or servant of the Board” and insert:

State, the Commissioner, the chief executive officer or

an officer of the department

Note:	The heading to amended section 99 is to read:
State may insure against claims

162. Section 101 amended

In section 101(1), (2) and (3) delete “Board” (each occurrence)

and insert:

chief executive officer

163. Section 102 amended

In section 102:

(a)	delete “Board may” and insert:

chief executive officer may

(b)	delete “it” and insert:

the chief executive officer

(c)	delete “its” and insert:

the State’s

Note:

The heading to amended section 102 is to read:

Acts Amendment (Fair Trading) Act 2010

Part 7	Settlement Agents Act 1981 amended
s. 164

Documents etc. may be required to support claims

164. Section 102A amended

In section 102A(2) delete “Board.” and insert:

chief executive officer.

165. Section 102B amended

In section 102B(c) delete “Board;” and insert:

chief executive officer;

166. Section 102C amended

In section 102C:

(a)	delete paragraph (b);
(b)	in paragraph (c) delete “Board in the performance of its” and insert:

Commissioner in the performance of his or her

(c)	in paragraph (e) delete “Board in the performance of its” and insert:

chief executive officer and the department in

the performance of their

(d)	after paragraphs (a) and (c) insert:

and

Acts Amendment (Fair Trading) Act 2010

Settlement Agents Act 1981 amended	Part 7
s. 167

167. Part VI heading amended

In the heading to Part VI delete “Board” and insert:

Settlement Agents

168. Section 103 amended

(1)

In section 103(1) delete “Board” and insert:

Settlement Agents

(2)

In section 103(2) delete “Board.” and insert:

chief executive officer.

Note:

The heading to amended section 103 is to read:

Settlement Agents Interest Account established

169. Section 112 amended

(1)	Delete section 112(1).
(2)	In section 112(2):

(a)	delete “Board’s” and insert:

department’s

(b)	in paragraph (a)(i) delete “Board or the Registrar; and” and insert:

Commissioner; and

Acts Amendment (Fair Trading) Act 2010

Part 7	Settlement Agents Act 1981 amended
s. 170

(c)	in paragraph (d) delete “Board” and insert:

Commissioner

(d)	in paragraph (e) delete “Board.” and insert:

Commissioner.

(e)	after paragraphs (a)(ii) and (b) and (c) insert:

and

Note:	The heading to amended section 112 is to read:
Annual report

170. Section 114 amended

In section 114 delete “to the Board”.

171. Section 115 replaced

Delete section 115 and insert:

115. Protection from liability

A person does not incur any liability in tort for

anything that the person does, in good faith, in the

performance or purported performance of a function

under this Act.

Acts Amendment (Fair Trading) Act 2010

Settlement Agents Act 1981 amended	Part 7
s. 172

172. Section 116 replaced

Delete section 116 and insert:

116. Confidentiality of information officially obtained

The Fair Trading Act 2010 section 112 applies to information obtained for the purposes of this Act.

173. Section 123 amended

Delete section 123(2)(b).

174. Part VIII replaced

Delete Part VIII and insert:

Part VIII — Savings and transitional

124. Terms used

In this Part —

commencement day means the day on which the Acts

Amendment (Fair Trading) Act 2010 Part 7 comes into

operation;

former Registrar means a Registrar appointed under

section 12 of this Act prior to the commencement day;

liability means any liability, duty or obligation whether

actual, contingent or prospective, liquidated or

unliquidated, or whether owed alone or jointly or

jointly and severally with any other person;

right means any right, power, privilege or immunity

whether actual, contingent or prospective;

Acts Amendment (Fair Trading) Act 2010

Part 7

Settlement Agents Act 1981 amended

s. 174

the former Board means the Settlement Agents

Supervisory Board established by section 5 of this Act

immediately prior to the commencement day.

125. Former Board abolished

Subject to sections 132 and 133, at the beginning of the commencement day, the former Board is abolished and its members go out of office.

126. References to the former Board

If in a written law or other document or instrument

there is a reference to the former Board, that reference

may, where the context so requires, be read as if it had

been amended to be a reference to the Commissioner.

127. Immunity continues

Despite the abolition of the former Board, if the former Board had the benefit of any immunity in respect of an act, matter or thing done or omitted before the

commencement day, that immunity continues in that

respect for the benefit of the Commissioner.

128. Notices and rules made by the former Board

(1)

If the former Board has fixed by notice the maximum amount of remuneration of a licensee under section 44 of the Act immediately prior to the commencement

day, that notice is to be taken to have been given by the Commissioner and continues in force until amended or revoked by the Commissioner.

(2)

If the former Board has made rules prescribing a code

of conduct under section 82 of the Act as it was

immediately prior to the commencement day, those

rules and that code of conduct are taken to be made by

the Commissioner for the purposes of that section and

Acts Amendment (Fair Trading) Act 2010

Settlement Agents Act 1981 amended	Part 7
s. 174

continue in force until amended or revoked by the

Commissioner.

129. References to a former Registrar

(1)

If in a written law or other document or instrument

there is a reference to the former Registrar, that

reference may, where the context so requires, be read

as if it had been amended to be a reference to the

Commissioner.

(2)

If a certificate has been given by a former Registrar

under section 111(3) of the Act as it was immediately

prior to the commencement day, that certificate is to be

treated as if it were given by the Commissioner for the

purposes of that subsection.

130. Unfinished investigations by the former Board

Investigations being carried out by the former Board

under the Act as it was prior to the commencement day

that are not complete by the commencement day —

(a)	are taken to have been commenced by the Commissioner for the purposes of the Act; and
(b)	are to continue under the direction and control of the Commissioner.

131. Unfinished proceedings by the former Board

(1)	Proceedings before the former Board that are not complete by the commencement day —

(a)	are taken to have been commenced by the Commissioner for the purposes of the Act; and
(b)	are to continue under the direction and control of the Commissioner.

Acts Amendment (Fair Trading) Act 2010

Part 7	Settlement Agents Act 1981 amended
s. 174

(2)	Proceedings before the State Administrative Tribunal or another court commenced by allegation against a licensed settlement agent brought by the former Board that are not complete by the commencement day —

(a)	are taken to have been commenced by an allegation by the Commissioner for the purposes of the Act; and
(b)	are to continue under the direction and control of the Commissioner.

132. Winding-up the former Board

On and after the commencement day —

(a)	the Commissioner is to take control of all registers, documents, books and other records (however compiled, recorded or stored) relating to the former Board and the exercise of its functions, and of any tape, disk or other device or medium relating to such records; and
(b)	all assets of the former Board are to be transferred to the State to be administered in the department, or the residual assets may be realised and the proceeds, together with any moneys in hand, are to be credited to the Consolidated Account; and
(c)	all rights, liabilities and obligations of the former Board that existed immediately before the commencement day devolve on the Commissioner acting on behalf of, and in the name of, the State; and
(d)	all contracts, agreements and undertakings made by and with the former Board and having effect immediately before the commencement day have effect as contracts, agreements and undertakings made with the Commissioner acting on behalf of, and in the name of, the

Acts Amendment (Fair Trading) Act 2010

Settlement Agents Act 1981 amended

Part 7

s. 174

State and may be enforced by or against the

State accordingly; and

(e)	any legal or other proceedings or any remedies that might, but for the operation of the Acts Amendment (Fair Trading ) Act 2010 Part 7, have been commenced or continued by or against or have been available to the former Board may be commenced or continued by or against or are available to the Commissioner acting on behalf of, and in the name of, the State, as the case requires; and
(f)	any fees, charges or other moneys payable to the Board under this Act and outstanding at the commencement day become payable to the chief executive officer at the time, and in the manner, in which those moneys would have been payable to the former Board under this Act.

133. Final report by the former Board

(1)

The provisions of the Financial Management Act 2006

Part 5 Division 3 apply to the former Board.

(2)

The chief executive officer is to include the final report

submitted under subsection (1) in the department’s

annual report for that financial year.

134. Board staff

(1)

The officers of the former Board and the former

Registrar who held office immediately before the

commencement day continue to be employed, under

and subject to the Public Sector Management Act 1994

Part 3, as officers of the department.

(2)

A person mentioned in subsection (1) is to be regarded as having been engaged or employed, as is relevant, by the chief executive officer.

Acts Amendment (Fair Trading) Act 2010

Part 7	Settlement Agents Act 1981 amended
s. 174

(3)

Except as otherwise agreed by a person mentioned in subsection (1), the remuneration, existing or accrued rights, rights under a superannuation scheme or

continuity of service of the person are not affected,

prejudiced or interrupted by the operation of

subsection (1).

135. Powers in relation to transitional matters

(1)	If there is not sufficient provision in this Part for dealing with a transitional matter, the Governor may make regulations prescribing all matters that are required, necessary or convenient to be prescribed in relation to that matter.
(2)	In subsection (1) —
*transitional matter* means a matter that needs to be dealt with for the purpose of effecting the transition from this Act as enacted immediately before the
commencement day to this Act as amended by the Acts Amendment (Fair Trading) Act 2010 Part 7.
(3)	Regulations made under subsection (1) may provide that specific provisions of a written law —

(a) do not apply; or

(b) apply with specific modifications,

to or in relation to any matter.

(4)

Regulations made under subsection (1) must be made

within 12 months after the commencement day.

(5)

day, the regulations have effect according to their

terms.

Acts Amendment (Fair Trading) Act 2010

Settlement Agents Act 1981 amended	Part 7
s. 175

(6)

In subsection (5) —

specified means specified or described in the

regulations.

(7)

If regulations contain a provision referred to in

subsection (5), the provision does not operate so as —

(a)	to affect, in a manner prejudicial to any person (other than the State), the right of that person existing before the day of publication of those regulations; or
(b)	to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the day of publication of those regulations.

175. Schedule 1 amended

In Schedule 1 delete clauses 1(2) and 2(2).

176. Various references to “Commissioner” inserted

Amend the provisions listed in the Table as set out in the Table.

Table

Provision

Delete

Insert

s. 3(1) def. of *approved*	Board	Commissioner
s. 3(1) def. of *supervisor*	Board	Commissioner
s. 23(1)	Board	Commissioner
s. 23(2) def. of *person*	Board	Commissioner
*aggrieved* par. (b) and (c)
s. 24(1) and (4)	Board	Commissioner
(each occurrence)

Acts Amendment (Fair Trading) Act 2010

Part 7	Settlement Agents Act 1981 amended
s. 176

Provision

Delete

Insert

s. 24(4)	board	Commissioner
s. 25(2)	Board	Commissioner
s. 26A(2), (4), (5) and (8)	Board	Commissioner
(each occurrence)
s. 26B(2), (4), (5) and (8)	Board	Commissioner
(each occurrence)
s. 27(1) and (2)	Board	Commissioner
(each occurrence)
s. 28(1)	Board	Commissioner
(each occurrence)
s. 29(1)	Board	Commissioner
(each occurrence)
s. 30(3a)(b)	Board	Commissioner
s. 31(1), (2) and (2a)	Board	Commissioner
s. 32(2)	Board	Commissioner
(each occurrence)
s. 33(1), (2) and (4)	Board	Commissioner
(each occurrence)
s. 34(2)	Board	Commissioner
it	the Commissioner

Acts Amendment (Fair Trading) Act 2010

Settlement Agents Act 1981 amended	Part 7
s. 176

Provision

Delete

Insert

s. 34A(2)	Board or	Commissioner
Registrar
Registrar	Commissioner
s. 35(1)	Board	Commissioner
(each occurrence)
s. 35(4)	Board	Commissioner
it	the Commissioner
s. 35(5) and (6)	Board	Commissioner
(each occurrence)
s. 36(1) and (2)	Registrar	Commissioner
s. 37(3)	Registrar	Commissioner
(each occurrence)
s. 38(1)	Registrar	Commissioner
s. 41(1)	Board	Commissioner
s. 41(2)	Registrar	Commissioner
s. 44(1) and (2)	Board	Commissioner
s. 44(5)	Board which,	Commissioner who,
s. 49C(1) and (3)	Board	Commissioner
s. 50(5)	Board	Commissioner
(each occurrence)

Acts Amendment (Fair Trading) Act 2010

Part 7	Settlement Agents Act 1981 amended
s. 176

Provision

Delete

Insert

s. 51(2), (3), (6), (7)	Board	Commissioner
and (8)
s. 51(9)	Board	Commissioner
it	the Commissioner
s. 52(1), (2), (3) and (5)	Board	Commissioner
(each occurrence)
s. 53(2) and (3)	Board	Commissioner
s. 53(3)	it	the Commissioner
s. 54(3)	Board	Commissioner
s. 55	Board	Commissioner
(each occurrence)
s. 55	it	the Commissioner
s. 56	Board	Commissioner
its	the
Commissioner’s
it	the Commissioner
s. 60(f)	Board	Commissioner
s. 62	Board	Commissioner
s. 64(1)	Board	Commissioner
(each occurrence)

Acts Amendment (Fair Trading) Act 2010

Settlement Agents Act 1981 amended	Part 7
s. 176

Provision

Delete

Insert

s. 67	Board	Commissioner
s. 69	Board	Commissioner
(each occurrence)
s. 69	so, it	so, the Commissioner
s. 70(a)	Board	Commissioner
s. 71(1) and (2)	Board	Commissioner
(each occurrence)
s. 72	Board	Commissioner
s. 73(1)	Board	Commissioner
by it	by the Commissioner
s. 74(1), (2), (3) and (4)	Board	Commissioner
(each occurrence)
s. 75(1)	Board	Commissioner
(each occurrence)
s. 79(1)	Board	Commissioner
s. 80(1), (2)(b) and (3)(c)	Board	Commissioner
(each occurrence)
s. 81A(1) and (8)	Registrar	Commissioner
(each occurrence)
s. 82	Board	Commissioner

Acts Amendment (Fair Trading) Act 2010

Part 7	Settlement Agents Act 1981 amended
s. 176

Provision

Delete

Insert

s. 83	Board	Commissioner
s. 84(3)(b)	Registrar	Commissioner
s. 85	Registrar of the	Commissioner
Board
s. 86(1) and (2)	Board	Commissioner
s. 110(1), (2), (3) and (4)	Registrar	Commissioner
s. 111(1), (2), (3) and (4)	Registrar	Commissioner
s. 113	Board	Commissioner
(each occurrence)
s. 113	board	Commissioner
s. 114	Board may	Commissioner may
s. 121(1)	Registrar or an	Commissioner
inspector
s. 122	Board	Commissioner
s. 123(2)(a)	Board	Commissioner
Sch. 1 cl. 1(1)(a)	Board	Commissioner
Sch. 1 cl. 2(1)(a)	Board	Commissioner
Sch. 1 cl. 4	Board	Commissioner
(each occurrence)
Sch. 1 cl. 5(1) and (2)	Registrar	Commissioner

Acts Amendment (Fair Trading) Act 2010

Settlement Agents Act 1981 amended	Part 7
s. 176

Provision

Delete

Insert

Sch. 1 cl. 7	Board	Commissioner
Sch. 1 cl. 8	Board	Commissioner
Sch. 1 cl. 9	Board	Commissioner
(each occurrence)
Sch. 1 cl. 10(1)	Registrar	Commissioner
Sch. 1 cl. 10(1)	Board	Commissioner

Notes: The heading to amended section 36 is to read:

Notification by licensee when commencing or ceasing business,

etc.

The heading to amended section 49C is to read:

Trust accounts, certain information to be given to Commissioner

The heading to amended section 69 is to read:

Audit of trust account may be ordered

The heading to amended section 81A is to read:

Commissioner may obtain information about trust accounts

Acts Amendment (Fair Trading) Act 2010

Part 8	Miscellaneous amendments to other Acts
Division 1	The Commissioner in some registration Acts

177

Part 8 — Miscellaneous amendments to other Acts

Division 1 — The Commissioner in some registration Acts

177. Motor Vehicle Dealers Act 1973 amended

(1)	This section amends the Motor Vehicle Dealers Act 1973.
(2)	In section 5(1) delete the definition of *Commissioner* and insert:

Commissioner has the meaning given in the Fair

Trading Act 2010 section 6;

(3)	Delete section 5AA.

178. Motor Vehicle Repairers Act 2003 amended

(1)	This section amends the Motor Vehicle Repairers Act 2003.
(2)	In section 3(1) delete the definition of *Commissioner* and insert:

Commissioner has the meaning given in the Fair

Trading Act 2010 section 6;

Division 2 — The Commissioner in other Acts

179. Builders’ Registration Act 1939 amended

(1)

This section amends the Builders’ Registration Act 1939.

(2)

In section 4A(5) delete “section 4(1) of the Consumer Affairs

Act 1971” and insert:

the Fair Trading Act 2010 section 6

Acts Amendment (Fair Trading) Act 2010

Miscellaneous amendments to other Acts

Part 8

The Commissioner in other Acts

Division 2

s. 180

(3)

In section 37(3) delete “section 4(1) of the Consumer Affairs

Act 1971” and insert:

the Fair Trading Act 2010 section 6

180. Co-operatives Act 2009 amended

(1)

This section amends the Co-operatives Act 2009.

(2)

In section 451 delete “Consumer Affairs Act 1971 section 4(1)”

and insert:

Fair Trading Act 2010 section 6

181. Debt Collectors Licensing Act 1964 amended

(1)	This section amends the Debt Collectors Licensing Act 1964.
(2)	In section 3 delete the definition of *Commissioner* and insert:

Commissioner has the meaning given in the Fair

Trading Act 2010 section 6;

182. Local Government Act 1995 amended

(1)

This section amends the Local Government Act 1995.

(2)

In section 9.58(4)(b) delete “section 4(1) of the Consumer

Affairs Act 1971,” and insert:

the Fair Trading Act 2010 section 6,

183. State Administrative Tribunal Act 2004 amended

(1)	This section amends the State Administrative Tribunal Act 2004.

Acts Amendment (Fair Trading) Act 2010

Part 8	Miscellaneous amendments to other Acts
Division 3	Investigation powers
s. 184

(2)

In section 37(2) delete “section 15 of the Consumer Affairs

Act 1971” and insert:

the Fair Trading Act 2010 section 6

184. Machinery of Government (Miscellaneous Amendments) Act 2006 amended

(1)

This section amends the Machinery of Government

(Miscellaneous Amendments) Act 2006.

(2)

Delete section 151.

Division 3 — Investigation powers

185. Business Names Act 1962 amended

(1)	This section amends the Business Names Act 1962.
(2)	Delete section 31D and insert:

31D.

Powers of investigation

The Fair Trading Act 2010 section 61 and Part 6 of

that Act apply to this Act.

186. Chattel Securities Act 1987 amended

(1)	This section amends the Chattel Securities Act 1987.
(2)	Delete section 30D and insert:

30D.

Powers of investigation

The Fair Trading Act 2010 section 61 and Part 6 of

that Act apply to this Act.

Acts Amendment (Fair Trading) Act 2010

Miscellaneous amendments to other Acts

Part 8

Investigation powers

Division 3

s. 187

187. Hire-Purchase Act 1959 amended

(1)	This section amends the Hire-Purchase Act 1959.
(2)	Delete section 36C and insert:

36C.

Powers of investigation

The Fair Trading Act 2010 section 61 and Part 6 of

that Act apply to this Act.

188. Limited Partnerships Act 1909 amended

(1)

This section amends the Limited Partnerships Act 1909.

(2)

Delete section 15(3) and insert:

(3)	The Fair Trading Act 2010 section 61 and Part 6 of that Act apply, with such modifications as are necessary, to and in relation to the functions of the Registrar and persons and matters affected by the exercise of those functions as if —

(a)	that section and Part were part of this Act; and
(b)	a reference to the Commissioner in those provisions were a reference to the Registrar.

189. Residential Tenancies Act 1987 amended

(1)	This section amends the Residential Tenancies Act 1987.
(2)	Delete section 11B and insert:

11B.

Powers of investigation

The Fair Trading Act 2010 section 61 and Part 6 of

that Act apply to this Act.

Acts Amendment (Fair Trading) Act 2010

Part 8	Miscellaneous amendments to other Acts
Division 4	Committee amendments
s. 190

190. Retirement Villages Act 1992 amended

(1)	This section amends the Retirement Villages Act 1992.
(2)	Delete section 11B and insert:

11B.

Powers of investigation

The Fair Trading Act 2010 section 61 and Part 6 of

that Act apply to this Act.

Division 4 — Committee amendments

191. Constitution Acts Amendment Act 1899 amended

(1)	This section amends the Constitution Acts Amendment Act 1899.
(2)	In Schedule V Part 3:

(a)	delete “The Consumer Affairs Council established under the

Consumer Affairs Act 1971.”;

(b)	delete “The Consumer Products Safety Committee

established under the Consumer Affairs Act 1971.”.

(3)	In Schedule V Part 3 insert in alphabetical order:

The Consumer Advisory Committee established under the

Fair Trading Act 2010.

The Motor Vehicle Industry Advisory Committee

established under the Fair Trading Act 2010.

The Property Industry Advisory Committee established

under the Fair Trading Act 2010.

Acts Amendment (Fair Trading) Act 2010

Miscellaneous amendments to other Acts

Part 8

Other Fair Trading Act 2010 amendments

Division 5

s. 192

Division 5 — Other Fair Trading Act 2010 amendments

192. Biosecurity and Agriculture Management (Repeal and Consequential Provisions) Act 2007 amended

(1)

This section amends the Biosecurity and Agriculture

Management (Repeal and Consequential Provisions) Act 2007.

(2)

Delete section 23 and insert:

23. Fair Trading Act 2010 amended

(1)	This section amends the Fair Trading Act 2010.
(2)	In Schedule 1 delete “Agricultural Products Act 1929”.

(3)	Delete section 29 and insert:

29. Fair Trading Act 2010 amended

(1)	This section amends the Fair Trading Act 2010.
(2)	In Schedule 1 delete “Agriculture and Related Resources
Protection Act 1976”.

(4)	Delete section 61 and insert:

61. Fair Trading Act 2010 amended

(1)	This section amends the Fair Trading Act 2010.
(2)	In Schedule 1 delete “Fertilizers Act 1977”.

Acts Amendment (Fair Trading) Act 2010

Part 8	Miscellaneous amendments to other Acts
Division 5	Other Fair Trading Act 2010 amendments
s. 192

(5)	Delete section 64 and insert:

64. Fair Trading Act 2010 amended

(1)	This section amends the Fair Trading Act 2010.
(2)	In Schedule 1 delete “Plant Diseases Act 1914”.

(6)	Delete section 75 and insert:

75. Fair Trading Act 2010 amended

(1)	This section amends the Fair Trading Act 2010.
(2)	In Schedule 1 delete “Seeds Act 1981”.

(7)	Delete section 83 and insert:

83. Fair Trading Act 2010 amended

(1)	This section amends the Fair Trading Act 2010.
(2)	In Schedule 1 delete “Veterinary Chemical Control and
Animal Feeding Stuffs Act 1976”.

(8)	Delete section 86 and insert:

86. Fair Trading Act 2010 amended

(1)	This section amends the Fair Trading Act 2010.
(2)	In Schedule 1 insert in alphabetical order:
Biosecurity and Agriculture Management Act 2007

Acts Amendment (Fair Trading) Act 2010

Miscellaneous amendments to other Acts

Part 8

Other Fair Trading Act 2010 amendments

Division 5

s. 193

193. Civil Liability Act 2002 amended

(1)

This section amends the Civil Liability Act 2002.

(2)

In section 5AI in the definition of apportionable claim delete

paragraph (b) and insert:

(b)	a claim for economic loss or damage to property in an action for damages under the Fair Trading Act 2010 based on misleading or deceptive conduct;

194. Credit (Administration) Act 1984 amended

(1)

This section amends the Credit (Administration) Act 1984.

(2)

In section 56(3)(b)(i) delete “Consumer Affairs Act 1971,” and

insert:

Fair Trading Act 2010,

195. Education Service Providers (Full Fee Overseas Students) Registration Act 1991 amended

(1)

This section amends the Education Service Providers (Full Fee

Overseas Students) Registration Act 1991.

(2)

In section 40(3)(a) delete “Consumer Affairs Act 1971;” and

insert:

Fair Trading Act 2010;

196. Higher Education Act 2004 amended

(1)	This section amends the Higher Education Act 2004.

Acts Amendment (Fair Trading) Act 2010

Part 8	Miscellaneous amendments to other Acts
Division 5	Other Fair Trading Act 2010 amendments
s. 197

(2)	In section 26(2):

(a)	in paragraph (a) delete “Consumer Affairs Act 1971;” and insert:

Fair Trading Act 2010; or

(b)	in paragraph (b) delete “Consumer Affairs Act 1971; or” and insert:

Fair Trading Act 2010; or

197. Legal Aid Commission Act 1976 amended

(1)

This section amends the Legal Aid Commission Act 1976.

(2)

In section 7(1)(b)(ii) delete “Consumer Affairs Act 1971” and

insert:

Fair Trading Act 2010

198. Medical Practitioners Act 2008 amended

(1)

This section amends the Medical Practitioners Act 2008.

(2)

In section 7(2)(d) delete “Consumer Affairs Act 1971” and

insert:

Fair Trading Act 2010

199. Retirement Villages Act 1992 amended

(1)	This section amends the Retirement Villages Act 1992.

Acts Amendment (Fair Trading) Act 2010

Miscellaneous amendments to other Acts

Part 8

Other Fair Trading Act 2010 amendments

Division 5

s. 200

(2)

In section 3(1) in the definition of code delete “Fair Trading

Act 1987” and insert:

Fair Trading Act 2010

200. Trade Measurement Act 2006 amended

(1)	This section amends the Trade Measurement Act 2006.
(2)	Delete section 102 and insert:

102. Operation of Fair Trading Act 2010 not affected

Nothing in this Act affects the operation of the Fair

Trading Act 2010.