Fair Trading Act 1987 (NSW)

Does not include amendments by—

Licensing and Registration (Uniform Procedures) Amendment Act 2022 No 2 (not commenced)

Medicines, Poisons and Therapeutic Goods Act 2022 No 73 (not commenced)

whole Act (except sch 5): Am 1997 No 82, Sch 1 [1] (“Commissioner” omitted wherever occurring, “Director-General” inserted instead); 2015 No 12, Sch 1 [1] (“Director-General” and “Director-General’s” omitted wherever occurring, “Secretary” and “Secretary’s” inserted instead, respectively).

An Act to regulate the supply, advertising and description of goods and services and, in certain respects, the disposal of interests in land; to repeal the Consumer Protection Act 1969 and certain other Acts; and for other purposes.

Part 1Preliminary1Name of Act

This Act may be cited as the Fair Trading Act 1987.

2Commencement(1)

Sections 1 and 2 shall commence on the date of assent to this Act.

(2)

Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.

3Extent to which Act binds the Crown(1)

This Act (other than the ACL) binds the Crown in right of the State in so far as the Crown in right of the State carries on a business, whether directly or by an authority of the State.

(2)

Nothing in this Act renders the State liable to prosecution for an offence.

Note.

Division 4 of Part 3 provides for the application of the ACL to the Crown.

s 3: Am 2010 No 107, Sch 1 [1] [2].

4Definitions(1)

In this Act, except the ACL—

acquire includes—

(a)
in relation to goods—acquire by purchase or exchange or by taking on lease, on hire or on hire-purchase,
(b)
in relation to services—accept, and
(c)
in relation to an interest in land—acquire by purchase or exchange or by taking on lease, or in any other manner in which an interest in land may be acquired for valuable consideration.

advisory committee means a committee appointed under section 9B.

assisted person means a person granted legal assistance under section 13.

authorised person means a person authorised by the Secretary.

banker has the same meaning as in section 2 (1) of the ACL.

business includes—

(a)
a business not carried on for profit, and
(b)
a trade or profession.

consumer has the same meaning as in section 3 of the ACL.

consumer contract has the same meaning as in section 2 (1) of the ACL.

consumer goods has the same meaning as in section 2 (1) of the ACL.

dangerous, in relation to goods, means likely to cause death or to cause injury to the body or health of a person, whether the death or injury is likely to be caused directly or indirectly and whether or not because of—

(a)
a failure to include with or on the goods any instructions for their use,
(b)
the inclusion with or on the goods of instructions for the use of the goods that are inaccurate or…

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