Fair Trading Amendment (Commercial Agents) Act 2016 (NSW)

Does not include amendments by—

Licensing and Registration (Uniform Procedures) Amendment Act 2022 No 2 (not commenced)

Note—

Amending Acts and amending provisions are subject to automatic repeal pursuant to sec 30C of the Interpretation Act 1987 No 15 once the amendments have taken effect.

An Act to repeal the Commercial Agents and Private Inquiry Agents Act 2004 and to amend the Fair Trading Act 1987 with respect to the regulation of persons carrying out debt collection, repossessions and process serving.

1Name of Act

This Act is the Fair Trading Amendment (Commercial Agents) Act 2016.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Repeal(1)

The Commercial Agents and Private Inquiry Agents Act 2004 and the regulations under that Act are repealed.

(2)

A reference in this section to the Commercial Agents and Private Inquiry Agents Act 2004 is, if this section commences after the commencement of Schedule 2 [2] to the Security Industry Amendment (Private Investigators) Act 2016, to be construed as a reference to the Commercial Agents Act 2004.

Schedule 1

(Repealed)

sch 1: Am 2017 No 22, Sch 2.10; 2018 No 5, Sch 2.8. Rep 1987 No 15, sec 30C.

Schedule 2Amendment of other Acts2.1–2.5

(Repealed)

2.6Road Transport Act 2013 No 18[1]Sections 55 (d), 56 (1) (a) (iv) and 57 (1) (d) (ii)

Omit the provisions.

[2]Schedule 4 Savings, transitional and other provisions

Insert at the end of the Schedule, with appropriate Part and clause numbering—

PartProvisions consequent on enactment of Fair Trading Amendment (Commercial Agents) Act 2016Use of photographs in certain criminal proceedings

Despite the repeal of section 57 (1) (d) (ii), a photograph to which Part 3.5 of this Act applies (and any photographic image or other matter contained in any database of such photographs) may be released by the Authority for the purposes of the conduct of any criminal proceedings in relation to the holder of an operator licence under the Commercial Agents and Private Inquiry Agents Act 2004.

2.7

(Repealed)

sch 2: Am 1987 No 15, sec 30C; 2018 No 25, Sch 6.

Historical notesTable of amending instruments

Fair Trading Amendment (Commercial Agents) Act 2016 No 52. Assented to 18.10.2016. Date of commencement: not in force; Sch 2.3 was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act 2018 No 25. This Act has been amended as follows—

2017	No 22	Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 2, 7.7.2017, sec 2 (3).
2018	No 5	Property, Stock and Business Agents Amendment (Property Industry Reform) Act 2018. Assented to 21.3.2018. Date of commencement, 23.3.2020, sec 2 and 2019 (625) LW 16.12.2019.
No 25	Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 6, 14 days after assent, sec 2 (1).

This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.

Table of amendments

Sch 1	Am 2017 No 22, Sch 2.10; 2018 No 5, Sch 2.8. Rep 1987 No 15, sec 30C.
Sch 2	Am 1987 No 15, sec 30C; 2018 No 25, Sch 6.