Australian Consumer Law (Tasmania) (Consequential Amendments) Act 2010 (TAS)

Australian Consumer Law (Tasmania) (Consequential Amendments) Act 2010

An Act to amend, repeal, revoke and rescind certain legislative instruments consequential on the enactment of the Australian Consumer Law (Tasmania) Act 2010

[Royal Assent 14 December 2010]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Australian Consumer Law (Tasmania) (Consequential Amendments) Act 2010 . 2CommencementThis Act commences on the day on which Part 3 of the Australian Consumer Law (Tasmania) Act 2010 commences. PART 2Civil Liability Act 2002 Amended3Principal ActIn this Part, the Civil Liability Act 2002 is referred to as the Principal Act. 4Section 43A amended (Application of Part 9A ) Section 43A(1)(b) of the Principal Act is amended as follows: (a) by omitting " Fair Trading Act 1990 " and substituting " Australian Consumer Law (Tasmania) Act 2010 "; (b) by omitting "section 14" and substituting "section 236". PART 3Collections for Charities Act 2001 Amended5Principal ActIn this Part, the Collections for Charities Act 2001 is referred to as the Principal Act. 6Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended by omitting the definition of authorised officer . 7Section 17 repealed Section 17 of the Principal Act is repealed. PART 4Conveyancing Act 2004 Amended8Principal ActIn this Part, the Conveyancing Act 2004 is referred to as the Principal Act. 9Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended by omitting the definition of authorised officer . 10Section 36 repealed Section 36 of the Principal Act is repealed. 11Section 37 amended (Grounds for disciplinary action) Section 37(h) of the Principal Act is amended by omitting " Fair Trading Act 1990 " and substituting " Australian Consumer Law (Tasmania) Act 2010 ". PART 5Justices Order 2004 Amended12Principal OrderIn this Part, the Justices Order 2004 is referred to as the Principal Order. 13Clause 4 amended (Acts to which section 26(1)(b) applies) Clause 4(o) of the Principal Order is amended by omitting " Fair Trading Act 1990 " and substituting " Australian Consumer Law (Tasmania) Act 2010 ". PART 6Land Valuers Act 2001 Amended14Principal ActIn this Part, the Land Valuers Act 2001 is referred to as the Principal Act. 15Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended by omitting " Fair Trading Act 1990 " from the definition of authorised officer and substituting " Consumer Affairs Act 1988 ". 16Section 7 amended (Investigations) Section 7 of the Principal Act is amended by omitting subsection (2) . 17Section 9 amended (Grounds for disciplinary action) Section 9(a) of the Principal Act is amended by omitting " Fair Trading Act 1990 " and substituting " Australian Consumer Law (Tasmania) Act 2010 ". 18Section 15 amended (Register of disciplinary action) Section 15(1) of the Principal Act is amended by omitting "and must make a note in the register of any assurance accepted by the Director under the Fair Trading Act 1990 in respect of a land valuer". PART 7Prepaid Funerals Act 2004 Amended19Principal ActIn this Part, the Prepaid Funerals Act 2004 is referred to as the Principal Act. 20Section 27 repealed Section 27 of the Principal Act is repealed. PART 8Surveyors Act 2002 Amended21Principal ActIn this Part, the Surveyors Act 2002 is referred to as the Principal Act. 22Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended by omitting " Fair Trading Act 1990 " from the definition of authorised officer and substituting " Consumer Affairs Act 1988 ". 23Section 9 amended (Particulars to be entered in register) Section 9(5) of the Principal Act is amended by omitting paragraph (b) . 24Section 30 amended (Investigations) Section 30 of the Principal Act is amended by omitting subsection (2) . 25Section 32 amended (Grounds for disciplinary action) Section 32(a) of the Principal Act is amended by omitting " Fair Trading Act 1990 " and substituting " Australian Consumer Law (Tasmania) Act 2010 ". PART 9Legislation repealed, revoked and rescinded26Legislation repealedThe legislation specified in Schedule 1 is repealed. 27Legislation revokedThe legislation specified in Schedule 2 is revoked. 28Legislation rescindedThe legislation specified in Schedule 3 is rescinded. PART 10Repeal and Amendment29Effect of amendment of Justices Order 2004The amendment by this Act of a provision of the Justices Order 2004 does not prevent that provision or any other provision of that order from being amended or rescinded by a subsequent order. 30RepealThis Act is repealed on the ninetieth day from the day on which it commenced. Schedule 1Legislation repealed

Section 26

Goods (Trade Descriptions) Act 1971 (No. 1 of 1971)

Unordered Goods and Services Act 1973 (No. 9 of 1973)

Sale of Hazardous Goods Act 1977 (No. 69 of 1977)

Door to Door Trading Act 1986 (No. 19 of 1986)

Fair Trading Act 1990 (No. 29 of 1990)

Fair Trading (Reinstatement of Regulations) Act 2008 (No. 48 of 2008)

Schedule 2Legislation revoked

Section 27

Sale of Hazardous Goods Amendment Order 2002 (No. 115 of 2002)

Sale of Hazardous Goods (Baby Bath Aids, Basketball Rings and Backboards and Moveable Soccer Goals) Order 2006 (No. 11 of 2006)

Sale of Hazardous Goods (Monkey Bikes) Order 2006 (No. 19 of 2006)

Sale of Hazardous Goods (Babies’ Dummies) Order 2008 (No. 24 of 2008)

Sale of Hazardous Goods (Children’s Cots) Order 2008 (No. 25 of 2008)

Sale of Hazardous Goods (Lead in Children’s Toys) Order 2008 (No. 26 of 2008)

Sale of Hazardous Goods (No Holes Tongue Studs) Order 2008 (No. 27 of 2008)

Sale of Hazardous Goods (Toothpaste Safety) Order 2008 (No. 28 of 2008)

Sale of Hazardous Goods (Revocation) Order 2008 (No. 116 of 2008)

Sale of Hazardous Goods (Expandable Toys) Order 2008 (No. 117 of 2008)

Sale of Hazardous Goods (Hot Water Bottles) Order 2008 (No. 156 of 2008)

Sale of Hazardous Goods (Children’s Portable Folding Cots) Order 2009 (No. 124 of 2009)

Sale of Hazardous Goods (Prams and Strollers) Order 2009 (No. 125 of 2009)

Sale of Hazardous Goods (Revocation) Order 2009 (No. 190 of 2009)

Sale of Hazardous Goods (Treadmills) Order 2010 (No. 20 of 2010)

Schedule 3Legislation rescinded

Section 28

Door to Door Trading Regulations 2002 (No. 147 of 2002)

Goods (Trade Descriptions) Regulations 2009 (No. 130 of 2009)

Sale of Hazardous Goods Regulations 2010 (No. 65 of 2010)

[Second reading presentation speech made in:

House of Assembly on 28 SEPTEMBER 2010

Legislative Council on 18 NOVEMBER 2010]