Consumer Protection Legislation Amendment Act 2014 (WA)
Western Australia
Western Australia
Western Australia
Consumer Protection Legislation Amendment Act 2014[
The Parliament of Western Australia enacts as follows:
This is the
This Act comes into operation as follows —
(a) Part 1 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
This Part amends the
In section 9(2)(c) delete “drawing up of or the obtaining of necessary consents to the lease,” and insert:
negotiation, preparation or execution of, or obtaining the necessary consents to,
This Part amends the
Delete section 18(4), (5) and (7).
(1) In section 20(1) delete “him, or any other person,” and insert:
the Commissioner of Police,
(2) Delete section 20(2).
(1) Delete section 22(3) and insert:
(3) The Commissioner must give notice in writing of the Commissioner’s decision —
(a) to the applicant; and
(b) if the Commissioner of Police lodged an objection with the Commissioner, to the Commissioner of Police.
(4A) If notice is given under subsection (3) to a person who might be aggrieved by the decision, the Commissioner must in the notice —
(a) set out the reasons for the decision; and
(b) inform the person of the right to apply to the State Administrative Tribunal for a review of the decision.
(2) In section 22(4) delete “or a person who lodged an objection with the Commissioner” and insert:
or, if the Commissioner of Police lodged an objection with the Commissioner, the Commissioner of Police
This Part amends the
Delete the heading to Part 6 Division 1 and insert:
At the end of Part 6 Division 1 insert:
The office held by an authorised person cannot be prescribed by an Act or regulations under the
After section 83(3) insert:
(4) If an application under subsection (1) consists of or includes a claim that legal professional privilege applies to the thing seized, the State Administrative Tribunal hearing the application is to be constituted by —
(a) a judicial member; and
(b) such other members, if any, as the President considers appropriate.
(5) In subsection (4), each of these terms has the meaning given in the
State Administrative Tribunal Act 2004 section 3(1) —
(1) In section 112(1) insert in alphabetical order:
(2) In section 112(1) in the definition of
personal information delete “person.” and insert:
person;
This Part amends the
(1) In section 16(2) in the definition of
person aggrieved delete “or objects to”.(2) In section 16(2) in the definition of
reviewable decision delete “or objection”.
Delete section 17(2).
Delete section 18.
In section 19A(1) delete “(as long as there is no objection)”.
Note: The heading to amended section 19A is to read:
After section 22(3) insert:
(4) Section 19 applies to an application under this section as if it were an application for a licence under section 17.
At the end of Part III insert:
If a licence has been lost or destroyed, the Commissioner may issue a duplicate licence on payment by the holder of the prescribed fee.
In section 23(2) delete “an officer of the firm or corporation” and insert:
a person
Delete section 30(1) and (2).
Note: The heading to amended section 30 is to read:
This Part amends the
In section 15(3):
(a) delete “section 61” and insert:
sections 60 and 61
(b) in paragraph (a) delete “that section and” and insert:
those sections and that
This Part amends the
In section 5(1) delete the definition of
In section 20(3) delete “no longer” and insert:
do not
(1) Delete section 20E(1) and (2) and insert:
(1) An application for a dealer’s licence must specify each of the premises at which the applicant proposes to carry on business under the authority of the licence.
(2) Delete section 20E(4).
After section 20E insert:
An authorisation given by the Commissioner under section 20E in respect of any premises does not affect any relevant requirements of written laws relating to planning that apply to those premises.
Delete section 20F and insert:
The Commissioner may at any time approve an alteration or addition to the particulars referred to in section 20E(5) on —
(a) the application of the holder of a licence; and
(b) payment of the prescribed fee.
(1) Delete section 21A(1) and (2) and insert:
(1) An application for registration under section 17B as a car market operator must specify each of the premises the applicant proposes to provide for a car market under the authority of the registration.
(2) Delete section 21A(4).
After section 21A insert:
An authorisation given by the Commissioner under section 21A in respect of any premises does not affect any relevant requirements of written laws relating to planning that apply to those premises.
Delete section 21B and insert:
The Commissioner may at any time approve an alteration or addition to the particulars referred to in section 21A(5) on —
(a) the application of the registered person; and
(b) payment of the prescribed fee.
This Part amends the
Delete section 5(3) and (5).
In section 9(1):
(a) delete “of a class prescribed by the regulations”;
(b) delete “licence for that class of repair work.” and insert:
licence.
Delete section 10(2).
In section 11:
(a) delete “any class of”;
(b) delete “licence for that class of repair work.” and insert:
licence.
Delete section 12 and insert:
In this Division —
Delete section 13(2) and (3) and insert:
(2) An application —
(a) must be —
(i) made in the form approved; and
(ii) accompanied by the fee prescribed;
and
(b) must comply with section 58.
41. Section 24 amended
Delete section 24(1) and (2) and insert:
(1) A business licence is to be in the form determined by the Commissioner.
Delete section 28 and insert:
The regulations may prescribe conditions and restrictions that are to be taken to be attached to all business licences, unless otherwise specified in the licence.
In section 35(4)(a) delete “in respect of the class of repair work concerned”.
In section 36(4)(a) delete “in respect of the class of repair work concerned”.
Delete section 39(1)(b) and insert:
(b) a person or firm that carries out repair work for the purposes of the
Motor Vehicle Dealers Act 1973 section 34, but not otherwise.
In section 52(1)(a)(ii) delete “business licence or”.
Delete section 58 and insert:
An application for a business licence must specify each of the premises at or from which the applicant proposes to carry on business under the authority of the licence.
In section 59(1) delete the passage that begins with “If,” and ends with “section 60,” and insert:
If, in relation to any premises, an application complies with section 58,
Delete sections 60, 61 and 62 and insert:
An authorisation given by the Commissioner under section 59 in respect of any premises does not affect any relevant requirements of written laws relating to planning that apply to those premises.
The Commissioner may at any time approve an alteration or addition to the particulars referred to in section 59(2) on —
(a) the application of the licensee; and
(b) payment of the prescribed fee.
(1) The Commissioner may make an order revoking an authorisation in respect of any premises under section 59, other than an authorisation in respect of mobile premises.
(2) The Commissioner may make an order under subsection (1) only if —
(a) the authority responsible for planning matters in the district in which the premises are situated has given the Commissioner written notice that the premises do not comply with specified requirements of written laws relating to planning that apply to those premises; and
(b) the Commissioner has given the licensee an opportunity to show cause why the order should not be made.
(3) In subsection (2)(a) —
In section 64(2) delete “under section 81,” and insert:
made by the State Administrative Tribunal on a review under section 75,
After section 65 insert:
The Commissioner may allege to the State Administrative Tribunal that there is proper cause for the Tribunal to make under section 68(1) one or more of the orders set out in Schedule 1 in respect of a person to whom this Part applies.
(1) In section 68(1) after “section 65(2),” insert:
in a proceeding commenced by an allegation under section 66
(2) After section 68(1)(a) insert:
or
Delete section 70(a) and insert:
(a) does not have sufficient resources, within the meaning in section 12; or
In section 71(3) delete “under section 81,” and insert:
made by the court on an appeal under the
Delete the heading to Part 7 and insert:
(1) Delete section 73(1)(c).
(2) In section 73(1) after each of paragraphs (a) and (b) insert:
or
(3) Delete section 73(3).
Delete section 75 and insert:
The affected person under section 73(1) may apply to the State Administrative Tribunal for a review of a decision or order to which section 73 applies.
(1) In this section —
(2) The former provisions continue to have effect for the purposes of an appeal under section 75 that was commenced, but not completed, before the commencement of the
Consumer Protection Legislation Amendment Act 2014 section 57.
Delete sections 77, 78, 79, 80, 81 and 82.
(1) Delete section 109(1) and insert:
(1) In this section —
(2) In section 109(2) delete “any class of” (each occurrence).
(3) In section 109(3)(c) delete “any class of”.
Delete section 115.
In Schedule 1 clause 1(b) delete “business licence or”.
Delete Schedule 3.
This Part amends the
(1) In section 22A(1) delete the definition of
displayed price .(2) In section 22A(1) insert in alphabetical order:
(a) was not the subject of any agreement or arrangement affecting price; and
(b) took delivery of the motor fuel at the terminal from which it was supplied;
Delete section 22B and insert:
Whenever the relevant price for a kind of motor fuel supplied from a declared terminal is proposed to be changed, the supplier of the motor fuel is required to notify the Commissioner of the proposed price change —
(a) before the proposed price change has effect; and
(b) in accordance with the provisions of any regulations that apply to that notification.
Penalty: a fine of $20 000.
Delete sections 22C and 22D.
In section 22E(1)(c), (2)(a) and (c) and (4) delete “displayed” (each occurrence) and insert:
relevant
This Part amends the
(1) In section 23(1) delete “of the Commissioner”.
(2) In section 23(2) in the definition of
person aggrieved :(a) in paragraph (a) delete “or objects to”;
(b) in paragraph (e) delete “Commissioner” and insert:
chief executive officer
(3) In section 23(2) in the definition of
reviewable decision :(a) in paragraph (a) after “decision” insert:
of the Commissioner
(b) in paragraph (a) delete “or objection”;
(c) in paragraphs (b) to (d) after “decision” insert:
of the Commissioner
(d) in paragraph (e) after “decision” insert:
of the chief executive officer
(4) After section 23(2) insert:
(3) If a decision under section 116 or 117 has not been made before the commencement of the
Consumer Protection Legislation Amendment Act 2014 section 69 in respect of a claim made before 1 July 2011, the decision —(a) may be made on or after that commencement by the Commissioner; and
(b) is taken to be a reviewable decision for the purposes of this section.
(4) A decision under section 116 or 117 made by the chief executive officer before the commencement of the
Consumer Protection Legislation Amendment Act 2014 section 69 is taken to be a reviewable decision made immediately after that commencement for the purposes of this section.(5) The amendments made to this section by the
Consumer Protection Legislation Amendment Act 2014 section 69 do not affect the review of a reviewable decision by the State Administrative Tribunal that began, but was not completed, before the commencement of that section.
Delete section 24(2).
Delete section 25.
In section 27(2):
(a) delete “the Schedule” and insert:
Schedule 1
(b) delete “therein and elsewhere”.
In section 34A(1) delete “there is no objection in respect of a licence and”.
Note: The heading to amended section 34A is to read:
After section 39 insert:
If a licence, certificate of registration or triennial certificate has been lost or destroyed, the Commissioner may issue a duplicate licence, duplicate certificate of registration or duplicate triennial certificate on payment by the holder of the prescribed fee.
In section 91 delete “Board” and insert:
Commissioner
After section 116(1) insert:
(2A) For the purposes of a claim against the Fidelity Account, the reference in subsection (1) to any period when the licensee was the holder of a current triennial certificate includes a period when the licensee was not the holder of a current triennial certificate if the chief executive officer considers that it is just and reasonable in the circumstances of the claim.
At the end of Part VIII insert:
(1) Without limiting section 22, the Commissioner may, at and in accordance with the request of the chief executive officer, make an investigation or inquiry under the
Fair Trading Act 2010 Part 6 in relation to a claim against the Fidelity Account.(2) For the purposes of the investigation or inquiry, the administration of the Fidelity Account is taken to be a function of the Commissioner.
(3) The Commissioner must, as soon as practicable after completing the investigation or inquiry, prepare a report on the findings of the investigation or inquiry and give it to the chief executive officer.
In section 124A(2) delete “Commissioner.” and insert:
chief executive officer.
In section 124C(e) delete “Act.” and insert:
Act or the Commissioner’s functions under the
Delete section 134(1) and (2).
Note: The heading to amended section 134 is to read:
Delete Part XI Division 1.
Delete the heading to Part XI Division 2.
(1) Delete the heading to the Schedule and the reference after it and insert:
[s. 27]
(2) Delete the heading to the Schedule Division 1.
(3) In the Schedule clause 3 delete “Such a licence” and insert:
A licence granted to a person who is qualified under clause 1(c)
(4) In the Schedule clause 4 delete “Such a licence” and insert:
A licence applied for by a person who is qualified under clause 1(d)
(5) Delete the Schedule Division 2.
This Part amends the
In the Glossary clause 1 delete the definition of
This Part amends the
In section 3 delete the definition of
Delete section 31B and insert:
(1) Subsection (2) has effect if —
(a) a residential tenancy agreement creates a tenancy for a fixed term (the
former agreement ); and(b) the parties enter into a new residential tenancy agreement in relation to the same premises (the
new agreement ) that is to commence immediately after the end of the term of the former agreement, whether under the terms of the agreement or under section 76C.
(2) The tenant cannot be required under the new agreement to pay an amount of rent, in respect of the first 30 days of the new agreement, that is more than the amount that would have been payable under the former agreement if the former agreement had continued to have effect during that period.
In section 31(1) delete “section 30,” and insert:
section 30 or 31A,
This Division amends the
In section 3(1) delete the definitions of:
(1) In section 10(3)(bc) delete “18 persons” and insert:
25 persons
(2) In section 10(3a):
(a) in paragraph (a)(ii) delete “3 retail shops” and insert:
4 retail shops
(b) in paragraph (b)(iii) and (iv) delete “2 or more” and insert:
3 or more
Delete sections 17, 18, 19, 20 and 21.
In section 38 delete “person, officer of the Department, or to the Committee or a sub‑committee or any member of the Committee or any sub‑committee” and insert:
person or officer of the Department
This Division amends the
In Schedule V Part 3 delete the item relating to the Retail Shops Advisory Committee.
This Part amends the
(1) In section 23(1) delete “of the Commissioner”.
(2) In section 23(2) in the definition of
person aggrieved :(a) in paragraph (a) delete “or objects to”;
(b) in paragraph (c) delete “Commissioner” and insert:
chief executive officer
(3) In section 23(2) in the definition of
reviewable decision :(a) in paragraph (a) after “decision” (1
st occurrence) insert:
of the Commissioner
(b) in paragraph (a)(ii) delete “or objection”;
(c) in paragraph (b) after “decision” insert:
of the Commissioner
(d) in paragraph (c) after “decision” insert:
of the chief executive officer
(4) After section 23(2) insert:
(3) If a decision under section 93 or 95 has not been made before the commencement of the
Consumer Protection Legislation Amendment Act 2014 section 98 in respect of a claim made before 1 July 2011, the decision —(a) may be made on or after that commencement by the Commissioner; and
(b) is taken to be a reviewable decision for the purposes of this section.
(4) A decision under section 93 or 95 made by the chief executive officer before the commencement of the
Consumer Protection Legislation Amendment Act 2014 section 98 is taken to be a reviewable decision made immediately after that commencement for the purposes of this section.(5) The amendments made to this section by the
Consumer Protection Legislation Amendment Act 2014 section 98 do not affect the review of a reviewable decision by the State Administrative Tribunal that began, but was not completed, before the commencement of that section.
Delete section 24(2).
Delete section 25.
Delete section 31(2a) and insert:
(2A) The Commissioner may refuse to renew a licensee’s triennial certificate if —
(a) the Commissioner is satisfied that section 27(1)(b), (c), (d) or (e), 28(1)(a), (b), (c) or (d) or 29(1)(a), (b), (c) or (d), as is relevant to the licensee, does not apply, or no longer applies, in relation to the licensee; or
(b) the licensee has not met prescribed educational requirements.
102. Section 34A amended
In section 34A(1) delete “there is no objection in respect of a licence and”.
Note: The heading to amended section 34A is to read:
In section 36(2):
(a) after paragraph (a) insert:
(ba) where the licensee is a firm, of any change in the persons by whom or by which it is constituted;
(b) in paragraph (b) before “the licensee” insert:
where
After section 40 insert:
If a licence or triennial certificate has been lost or destroyed, the Commissioner may issue a duplicate licence or duplicate triennial certificate on payment by the holder of the prescribed fee.
After section 93(1) insert:
(2A) For the purposes of a claim against the Account, the reference in subsection (1) to any period when the licensee was the holder of a current triennial certificate includes a period when the licensee was not the holder of a current triennial certificate if the chief executive officer considers that it is just and reasonable in the circumstances of the claim.
At the end of Part V insert:
(1) Without limiting section 22, the Commissioner may, at and in accordance with the request of the chief executive officer, make an investigation or inquiry under the
Fair Trading Act 2010 Part 6 in relation to a claim against the Fidelity Account.(2) For the purposes of the investigation or inquiry, the administration of the Fidelity Account is taken to be a function of the Commissioner.
(3) The Commissioner must, as soon as practicable after completing the investigation or inquiry, prepare a report on the findings of the investigation or inquiry and give it to the chief executive officer.
Delete section 102C(e) and insert:
(e) all other expenditure lawfully incurred by the Commissioner in the performance of the Commissioner’s functions under this Act or the Commissioner’s functions under the
Fair Trading Act 2010 section 57A that are performed for the purposes of this Act.
Delete section 111(1) and (2).
Note: The heading to amended section 111 is to read:
This Part amends the
In section 3(1) insert in alphabetical order:
(1) Delete section 10(1).
(2) In section 10(2) delete “The” and insert:
When an application has been made in accordance with section 9, the
Delete section 11.
(1) Delete section 12(1) and insert:
(1) Unless subsection (2) or (4) requires it to be refused, the Commissioner is to grant an application as soon as practicable.
(2) Delete section 12(2)(ba) and insert:
(ba) the individual has been found guilty of an offence under
The Criminal Code section 187, theCriminal Code Act 1995 (Commonwealth) section 272.18, 272.19 or 272.20 or a former Crimes Act provision; or
(3) In section 12(4)(i) delete “section 187 of
The Criminal Code or section 50DA or 50DB of theCrimes Act 1914 of the Commonwealth.” and insert:
(4) Delete section 12(5)(b) and insert:
(b) has afforded the applicant an opportunity to make submissions and adduce evidence.
(5) In section 12(6) delete “and each objector (if any) to the granting of the application”.
(6) Delete section 12(7)(a) and insert:
(a) the Commissioner is forthwith, by notice in writing, to inform the applicant of the granting of the application and the right to apply to the State Administrative Tribunal for a review of any condition imposed; and
(7) In section 12 after each of subsections (2)(a) to (f) and (4)(a) to (g) insert:
or
(1) After section 21(4)(c) insert:
(da) a licensee has been found guilty of an offence under
The Criminal Code section 187, theCriminal Code Act 1995 (Commonwealth) section 272.18, 272.19 or 272.20 or a former Crimes Act provision; or
(2) Delete section 21(4a).
(3) In section 21(4) after each of paragraphs (a), (b), (c), (d), (e), (f) and (g) insert:
or
(1) In section 22(1) delete “If” and insert:
Subject to subsection (1a), if
(2) In section 22(1a) delete the passage that begins with “If” and ends with “it —” and insert:
If the State Administrative Tribunal, on dealing with an allegation under section 21(5) in respect of a belief described in section 21(4)(da), is satisfied that the licensee has been found guilty of an offence under
In section 23(2) in the definition of
(a) a person upon whose application a reviewable decision is made; or
(1) Delete section 30(1)(da) and insert:
(da) has been found guilty of an offence under
The Criminal Code section 187, theCriminal Code Act 1995 (Commonwealth) section 272.18, 272.19 or 272.20 or a former Crimes Act provision; or
(2) In section 30(1) after each of paragraphs (a), (b), (c) and (d) insert:
or
0
0
0