Version No. 056
Fair Trading Act 1999
No. 16 of 1999
Version
incorporating amendments as at
28 May 2012
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1Purposes
2Commencement
3Definitions
4Repealed
5Crown bound
6Extra-territorial application of this Act
PART 2—THE AUSTRALIAN CONSUMER LAW
Division 1—Definitions
7Definitions
Division 2—Application of Australian Consumer Law
8The Australian Consumer Law text
8A, 8BRepealed
9Application of Australian Consumer Law
10Future modifications of Australian Consumer Law text
11Meaning of generic terms in Australian Consumer Law for purposes of this jurisdiction
12Interpretation of Australian Consumer Law
13Application of Australian Consumer Law
Division 3—References to Australian Consumer Law
14References to Australian Consumer Law
15References to Australian Consumer Law of other jurisdictions
Division 4—Application of Australian Consumer Law to Crown
16Division does not apply to Commonwealth
17Application law of this jurisdiction
18Application law of other jurisdictions
19Activities that are not business
20Crown not liable to pecuniary penalty or prosecution
Division 5—Miscellaneous
21Conferral of functions and powers on certain bodies
22No doubling-up of liabilities
23–32Repealed
PART 2A—IMPLIED CONDITIONS AND WARRANTIES IN CERTAIN CONTRACTS OF SUPPLY
Division 1—Interpretation
32ADefinitions
32B–32CRepealed
Division 2—Application of Part
32CA–32FRepealed
32FAApplication of Goods Act 1958 to contracts of supply
Division 3—Supply of goods or services
32G–32MARepealed
32NLimitation of liability in relation to supply of recreational services
32NAExemption from waiver form requirement
32NB, 32ORepealed
32OARescission for innocent misrepresentation
32PDischarge or rescission of contract of supply of goods
32PAWhen does a discharge or rescission have effect?
32QLiability of supplier and person conducting antecedent negotiations
32QAIndemnity for supplier or dealer
32RCertain contracts or provisions void
32RAPenalty for including void provision relating to antecedent negotiations
Division 4—General
32SRepealed
32SALimit of liability of guarantors
32TLimit of liability under security
32TAContract of supply not illegal etc.
PART 2B—Repealed
32U–32ZDA Repealed
PART 2C—FRUSTRATED CONTRACTS
Division 1—Introductory
32ZEDefinitions
32ZFContracts to which this Part applies
Division 2—Consequences of frustration of contract
32ZGAdjustment of amounts paid or payable to parties to discharged contracts
32ZHCourt may allow amounts paid or payable to be recovered or paid
32ZIParties to pay an amount for valuable benefits obtained
32ZJCalculation of expenses incurred
32ZKCircumstances in which amounts payable under contract of insurance excluded
Division 3—General
32ZLCircumstances in which contract provisions continue to have effect despite frustration
32ZMPerformed part of contract not frustrated
32ZNNature of action
32ZOLimitation period
PARTS 3–5—Repealed
33–93Repealed
PART 5AA—INTRODUCTION AGENTS
Division 1—Interpretation
93AADefinitions
93ABMeaning of introduction agent
93ACMeaning of introduction service
93ADWho carries on a business?
93AEIntroduction agency not to use sex work service premises
Division 2—Persons who are not introduction agents
93AFEffect of this Division
93AGExemption for activities with a community purpose
93AHExemption for non-profit activities
93AIExemption for publishers of advertisements etc.
93AJExemption for information service providers
93AKExemption for organisers of dances etc.
93ALOther exemptions
Division 3—Persons who must not act as introduction agents
93AMCertain persons not to act as introduction agents
Division 4—Permission for disqualified persons to act as introduction agents
93ANDisqualified person may apply for permission to act as an introduction agent
93AOPermission to act…