An Act to amend the Fair Trading Act 1987 to make further provision with respect to the extraterritorial application of that Act, advertising, false billing, the powers of the Commissioner for Fair Trading and Advisory Councils; and for other purposes.
This Act is the Fair Trading Amendment Act 2006.
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 Motor Vehicle Repairs Act 1980 is amended as set out in Schedule 2.
This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.
The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.
(Section 3)
Insert after section 5:
This Act is intended to have extraterritorial application in so far as the legislative powers of the State permit.
Without limiting subsection (1), this Act extends to conduct either in or outside the State that:
(a) is in connection with goods or services supplied in the State, or
(b) affects a person in the State, or
(c) results in loss or damage in the State.
Insert after section 19A (6):
The Director-General may order that anything seized by an investigator under the authority of a search warrant issued under this section be sold, destroyed or otherwise disposed of, if:
(a) the thing is no longer required to be retained as evidence in proceedings for an offence against this or any other Act, and
(b) the person who had lawful possession of the thing before it was seized cannot be found or does not wish to have the thing returned.
If the thing is disposed of by way of sale, the proceeds of sale are to be paid to the Treasurer for payment into the Consolidated Fund.
Insert at the end of section 20 (1) (b):
, or
a matter that is the subject of a complaint received by the Director-General under section 9 (1) (c), or
a matter that is the subject of an investigation by the Director-General under section 9 (2).
Insert “or the Director-General” after “An investigator”.
Insert “or the Director-General” after “an investigator” wherever occurring.
Insert after section 20 (5):
Despite section 8 of this Act, the Director-General may only delegate his or her functions under this section to a person who…