Fair Trading Act 2010 (WA)

Western Australia

Western Australia

Fair Trading Act 2010

An Act to —

promote and encourage fair trading practices and a competitive and fair market, and protect the interests of consumers, by applying the Australian Consumer Law (with modifications) as a law of Western Australia, and providing for codes of practice; and

provide for the powers and functions of a Commissioner, including powers to carry out investigations into alleged breaches of this Act; and

provide for the repeal of the Consumer Affairs Act 1971, Fair Trading Act 1987 and Door to Door Trading Act 1987; and

make consequential amendments to various Acts 1,

and for related purposes.

This is the Fair Trading Act 2010.

This Act comes into operation as follows —

• (a)

  sections 1 and 2 — 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.

The object of this Act is to improve consumer well‑being through consumer empowerment and protection, to foster effective competition, and to enable the confident participation of consumers in markets in which both consumers and suppliers trade fairly.

Section 23 deals with the application of the Acts Interpretation Act 1901 (Commonwealth) and the Interpretation Act 1984 of Western Australia to the Australian Consumer Law (WA).

• (1)

  Sections 6 to 9 apply to this Act other than Part 3 and the Australian Consumer Law (WA).

• (2)

  Section 17 applies to the interpretation of terms used in Part 3 and the Australian Consumer Law (WA).

In this Act (other than Part 3 and the Australian Consumer Law (WA)) —

acquire includes —

• (a)

  in relation to goods — acquire by purchase or exchange or by taking on lease, on hire or on hire‑purchase; and

• (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;

Australian Consumer Law (WA) has the meaning given in section 17;

business includes —

• (a)

  a business not carried on for profit; and

• (b)

  a trade or profession;

Commissioner means the person for the time being designated as the Commissioner under section 55;

consumer has the meaning given in section 7;

Department means the department of the Public Service principally assisting the Minister in the administration of this Act;

disposal, in relation to an interest in land, means disposal by sale, exchange or lease or by any other method by…