An Act to amend the Fair Trading Act 1987 to make provision with respect to direct commerce practices, product recall orders, express consumer trade warranties, enforcement provisions and other miscellaneous matters; to repeal the Door-to-Door Sales Act 1967 and the Mock Auctions Act 1973; and for other purposes.
This Act is the Fair Trading Amendment Act 2003.
This Act commences on a day or days to be appointed by proclamation.
The Fair Trading Act 1987 is amended as set out in Schedule 1.
The Door-to-Door Sales Act 1967 is repealed.
The Mock Auctions Act 1973 is repealed.
(Section 3)
Omit “Divisions 5–8” from the definition of
Insert instead “Divisions 5–9”.
Omit the definitions. Insert instead:
(a) the Commissioner for Fair Trading, Department of Commerce, or
(b) if there is no such position in the Department—the Director-General of the Department.
Omit the definition. Insert instead:
(a) the Director-General or any other member of staff (within the meaning of the Public Sector Employment and Management Act 2002) of the Department, or
(b) a member of staff of a public sector agency (within the meaning of section 85 of the Public Sector Employment and Management Act 2002) who is transferred to, or who provides services for, the Department, or
(c) any person engaged by the Director-General (with the approval of the Minister and on such terms as the Minister thinks fit) to assist in the exercise of the Director-General’s functions.
Insert “(except for the purposes of section 43)” after “do not” in section 5 (2).
Omit the section.
Omit “substantiate a” from section 23A (1).
Insert instead “provide the Director-General with proof of any”.
Omit section 23A (3)–(5). Insert instead:
The notice must:
(a) specify the claim or representation to which the notice applies, and
(b) specify a time within which the person is required to provide the Director-General with proof of the claim or representation, and
(c) indicate that it is an offence to:
(i) fail to provide proof sufficient to support the claim or representation, or
(ii) fail to provide that proof within the time specified in the notice, or
(iii) provide the Director-General with information that is false or misleading in a material particular.
The Director-General may, by a further notice in writing served on the person, extend the time within which the person is required to provide the Director-General with proof of the…