Consumer Affairs Act 1971 (WA)

Western Australia

This Act expired on 22 October 2016 (see s. 2B(2) and Gazette 21 October 2016 p. 4781).

Western Australia

Consumer Affairs Act 1971

An Act to provide for the protection of the interests of consumers, to establish a Consumer Products Safety Committee, and for incidental and other purposes.

[Long title amended by No. 21 of 1975 s. 3; No. 90 of 1978 s. 2; No. 110 of 1981 s. 3; No. 1 of 1985 s. 4; No. 57 of 1997 s. 39(1); No. 28 of 2006 s. 71.]

This Act may be cited as the Consumer Affairs Act 1971 1.

[Section 1 amended by No. 21 of 1975 s. 1(3).]

This Act shall come into operation on a date to be fixed by proclamation 1.

• (1)

  This Act does not apply on or after the date on which the Fair Trading Act 2010 Part 10 comes into force 1.

• (2)

  This section is subject to sections 2C and 2D.

[Section 2A inserted by No. 57 of 2010 s. 123.]

• (1)

  This Act expires on a day fixed by proclamation.

• (2)

  A proclamation cannot be made under subsection (1) unless the Commissioner has given the Minister a certificate signed by the Commissioner stating that the operation of this Act is no longer necessary.

• (3)

  In subsection (2) —

Commissioner has the meaning given in the Fair Trading Act 2010 section 6.

[Section 2B inserted by No. 57 of 2010 s. 123.]

• (1)

  In this section —

commencement day means the day on which the Fair Trading Act 2010 Part 10 comes into force 1.

• (2)

  This Act continues to apply on and after the commencement day only for the following purposes —

  • (a)

    the investigation and prosecution of offences against this Act committed before the commencement day;

  • (b)

    the continuation, settlement or discontinuation of proceedings, under or in relation to this Act, that were commenced, but not concluded, before the commencement day.

[Section 2C inserted by No. 57 of 2010 s. 123.]

• (1)

  This Act continues to apply on and after the commencement day (as defined in section 2C(1)) in relation to acts or omissions that occurred before the commencement day.

• (2)

  Without limiting subsection (1), action may be taken under this Act in relation to those acts or omissions.

[Section 2D inserted by No. 57 of 2010 s. 123.]

[3. Deleted by No. 110 of 1981 s. 4.]

• (1)

  In this Act unless the contrary intention appears — 

Commissioner means the person for the time being designated as the Commissioner under section 15;

Committee means the Consumer Products Safety Committee established under section 23E;

consumer means — 

• (a)

  a person…