Fair Trading Act 1989
An Act to make provision with respect to certain unfair or undesirable trade practices, to regulate the supply of goods and services, to provide for a commissioner for fair trading and for related purposes
Part 1 Preliminary
1 Short title and citation
This Act may be cited as the Fair Trading Act 1989.
2 [Repealed]
3 Objective of this Act
The principal objective of this Act is to improve consumer wellbeing through consumer empowerment and protection, fostering effective competition and enabling the confident participation of consumers in markets in which both consumers and suppliers trade fairly.
4 This part does not apply for the Australian Consumer Law (Queensland)
This part (other than sections 1 and 3) does not apply for the interpretation or operation of the Australian Consumer Law (Queensland).Example—
The definitions in section 5 of this Act do not apply for the interpretation of the Australian Consumer Law (Queensland). That law has its own list of definitions in section 2 of that law.
4A Application of Act
(1)This Act applies to and in relation to—(a)persons carrying on business within Queensland; or(b)bodies corporate incorporated or registered under the law of Queensland; or(c)persons ordinarily resident in Queensland; or(d)persons otherwise connected with Queensland.(2)Subject to subsection (1), this Act extends to conduct, and other acts, matters and things, occurring or existing outside or partly outside Queensland (whether within or outside Australia).
4B Reference to this Act or to a particular provision of the Australian Consumer Law (Queensland)
(1)To remove any doubt, a reference in this Act to this Act may be taken to include a reference to the Australian Consumer Law (Queensland).Example—
Section 90 (Power to obtain information) refers to any matter relevant to the operation or enforcement of this Act, which would include any matter relevant to the operation or enforcement of the Australian Consumer Law (Queensland).(2)In this Act, a reference to a particular provision of the Australian Consumer Law (Queensland) is a reference to the provision of that number in schedule 2 of the Competition and Consumer Act, applying as a law of Queensland under part 3.
5 Definitions
In this Act—ACL(Q) means the Australian Consumer Law (Queensland).acquire, in relation to services, includes accept.application law, for part 3, see section 14(1).approved form ...assistant commissioner ...auction ...Australian Consumer Law (Queensland) means the Australian Consumer Law (Queensland) as provided for in part 3.Australian Consumer Law text see section 14(1).bureau ...business ...code of practice means a code of practice prescribed by regulation under section 88A.commissioner means the commissioner for fair trading.committee ...Competition and Consumer Act means the Competition and Consumer Act 2010 (Cwlth).component part ...consumer has the same meaning as it has in the Australian Consumer Law (Queensland).consumer contract has the same meaning as it has in the Australian Consumer Law (Queensland).council ...court