Fair Trading (Consumer Affairs) Act 1973 (ACT)
Fair Trading (Consumer Affairs) Act 1973 (repealed)
A1973-17
Republication No 26
Effective: 1 January 2011
Republication date: 1 January 2011
As repealed by A2010-54 s 4 (1)
(republication for relocation of provisions
to Fair Trading (Australian Consumer Law)
Act 1992, amendments and repeal by A2010-54)
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Fair Trading (Consumer Affairs) Act 1973 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 January 2011.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).
Fair Trading (Consumer Affairs) Act 1973 (repealed)
Contents
Page
Part 1Preliminary
Name of Act 2
Dictionary 2
2ANotes 2
Part 2Fair trading advisory committees
Appointment of committees 3
Functions of committees 3
Expenses 4
Part 4Consumer product safety orders and standards
Division 4.1 Product safety advisory committee
Product safety advisory committee 5
Appointment and tenure of office of members 6
Coopted members 6
General procedure 6
Voting at product safety advisory committee meetings 7
Product safety advisory committees to keep minutes 7
Division 4.2 Orders and standards
Advice about consumer product safety orders or standards 7
Consumer product safety standards 8
Interim safety orders 9
Consumer product safety orders 11
Consumer product information standards 12
Orders by commissioner 13
Offences 15
Recovery of amount of loss or damage 16
Recovery of amount paid for goods 17
Finding in proceedings to be evidence 17
Contracting out 17
Division 4.3 Notification and review of decisions
Meaning of reviewable decision—div 4.3 18
Reviewable decision notices 18
36A Applications for review 18
Part 5Product recall
Recall etc of goods 19
Conferences relating to compulsory product recall 22
Certain amounts recoverable as debt or damages 25
Certain action not to affect insurance contracts 26
Part 6Miscellaneous
Certificate evidence 27
41A Public warning statements 27
Immunity from liability for certain statements 28
Regulation-making power 28
References to Consumer Affairs Act 29
References to director of consumer affairs etc 29
Schedule 1Reviewable decisions 30
Dictionary31
Endnotes
About the endnotes 34
Abbreviation key 34
Legislation history 35
Amendment history 41
Earlier republications 60
Fair Trading (Consumer Affairs) Act 1973 (repealed)
An Act to make provision for the protection of consumers, and for the protection of traders against unfair commercial practices
Part 1Preliminary
Name of Act
This Act is the Fair Trading (Consumer Affairs) Act 1973.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘goods—see the Fair Trading Act 1992, dictionary.’ means that the term ‘goods’ is defined in that dictionary and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
2ANotes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Part 2Fair trading advisory committees
Appointment of committees
(1)The Minister may appoint such advisory committees as he or she thinks fit.
(2)An advisory committee shall consist of the commissioner and such other members as are considered by the Minister to be qualified by reason of their knowledge or expertise on matters affecting the interests of consumers.
(3)The procedure at meetings of an advisory committee shall be as determined by that committee.
(4)The instrument of establishment of an advisory committee is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Functions of committees
(1)The function of an advisory committee is to provide advice to the Minister or the commissioner about issues affecting the interests of consumers and unfair commercial practices affecting traders.
(2)An advisory committee must provide advice as required by the Minister or the commissioner and may provide advice on its own initiative.
(3)In carrying out its function, an advisory committee may consult with members of the public and with other entities interested in issues affecting the interests of consumers.
Expenses
(1)Subject to subsection (2), a member of an advisory committee is not entitled to be paid in respect of duties or functions exercised in connection with the work of the committee.
(2)A member may apply to the commissioner for reimbursement of any expenses reasonably incurred by the member for the purpose of attending a meeting of a committee.
Part 4Consumer product safety orders and standards
Division 4.1 Product safety advisory committee
Product safety advisory committee
(1)There is established a product safety advisory committee having the functions given or imposed on it by this Act.
(2)The product safety advisory committee consists of—
(a)a person appointed by the Minister as chairperson of the committee; and
(b)a public servant appointed by the Minister as executive officer of the committee; and
(c)such other persons appointed by the Minister as the Minister considers to be qualified by reason of their knowledge or expertise on matters related to product safety.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).
(3)If the chairperson is unable to exercise the functions of chairperson, they shall be exercised by a member of the committee appointed by the Minister as acting chairperson.
(4)The instrument of establishment is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Appointment and tenure of office of members
(1)Subject to subsection (2) a member of the product safety advisory committee holds office in accordance with the terms of his or her appointment.
NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def of appoint).
(2)The Minister may at any time remove from office a member of the committee by written notice addressed and delivered to the member.
NoteA member’s appointment also ends if the member resigns (see Legislation Act, s 210).
(3)The executive officer of the committee vacates office as a member of the committee on ceasing to be a public servant.
Coopted members
(1)The product safety advisory committee with the prior approval of the Minister may coopt any person whom it considers to have expertise in relation to the functions of the committee.
(2)A person coopted under subsection (1) is, when attending a meeting of the committee, taken to be a member of the committee and has a right to vote and participate in the committee’s proceedings.
General procedure
(1)Meetings of a product safety advisory committee are to be held when and where it decides.
(2)A product safety advisory committee may conduct its proceedings (including its meetings) as it considers appropriate.
Voting at product safety advisory committee meetings
At a meeting of a product safety advisory committee, a question is decided by a majority of the votes of the members present and voting.
Product safety advisory committees to keep minutes
A product safety advisory committee must keep minutes of its meetings.
Division 4.2 Orders and standards
Advice about consumer product safety orders or standards
(1)The commissioner—
(a)shall, at the request of the Minister; or
(b)may, of his or her own initiative;
advise the Minister, after due consideration, whether—
(c)a consumer product safety order or recall or notification order made under section 37 (1) should be made, amended or revoked; or
(d)a consumer product safety standard should be prescribed or a prescribed product safety standard should be amended or repealed; or
(e)a consumer product information standard should be prescribed or a prescribed consumer product information standard should be amended or repealed;
in relation to any goods or any class of goods.
(2)The advice of the commissioner shall be given to the Minister in writing as soon as practicable following consideration of the matter and the advice shall include a recommendation of the action (if any) that should be taken.
(3)The commissioner shall not recommend action of a kind referred to in subsection (1) (c), (d) or (e) in relation to any goods or any class of goods unless the commissioner considers the action is reasonable and necessary to prevent or reduce the risk of injury to, or impairment of health of, any person arising out of the possession, handling or use of those goods by that person or any other person.
(4)The product safety advisory committee may of its own initiative request the commissioner to consider advising the Minister to take action of the kind referred to in subsection (1) (c), (d) or (e) in relation to any goods or any class of goods.
Consumer product safety standards
(1)The regulations may prescribe a consumer product safety standard to be used for a specified kind of goods.
(2)A consumer product safety standard in relation to goods shall consist of such requirements as to—
(a)performance, composition, contents, methods of manufacture or processing, design, construction, finish or packaging of the goods; and
(b)the testing of the goods during, or after the completion of, manufacture or processing; and
(c)the form and content of markings, warnings or instructions to accompany the goods or be placed on a vending machine for the goods or a display stand or sign adjacent to the goods; and
(d)equipment or accessories to be supplied with the goods;
as are reasonable and necessary to prevent or reduce risk of injury to a person.
(3)A consumer product safety standard may apply, adopt or incorporate a law of another jurisdiction or an instrument, or a provision of a law of another jurisdiction or an instrument, as in force from time to time.
Note 1The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act 2001, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2A notifiable instrument must be notified under the Legislation Act.
(4)In this section:
law of another jurisdiction—see the Legislation Act, section 47 (10).
Interim safety orders
(1)If for the purpose of—
(a)providing advice to the Minister under section 24; or
(b)a request under subsection (2) about advice by the product safety advisory committee;
in relation to goods or a class of goods, the commissioner considers that, before the relevant advice is provided, the supply of the goods or the class of goods should be prohibited or restricted to prevent or reduce the risk of injury to, or impairment of health of, any person arising out of the possession, handling or use of those goods by that person or any other person, the commissioner may, before that advice is provided, recommend that the Minister make an interim safety order in relation to the relevant goods or class of goods.
(2)If for the purpose of providing advice in relation to goods or a class of goods in accordance with this Act, the product safety advisory committee considers that, before providing that advice, the supply of the goods or the class of goods should be prohibited or restricted to prevent or reduce the risk of injury to, or impairment of health of, any person arising out of the possession, handling or use of those goods by that person or any other person, the committee may request the commissioner to consider recommending in accordance with subsection (1) that the Minister make an interim safety order.
(3)If the Minister is satisfied, on the recommendation of the commissioner made under subsection (1), that, pending advice from the commissioner or the product safety advisory committee, as the case may be, it is reasonable and necessary to prohibit or restrict the supply of any goods or any class of goods to prevent or reduce the risk of injury to, or impairment of health of, any person arising out of the possession, handling or use of those goods by that person or any other person, the Minister may, in writing, make an interim safety order—
(a)prohibiting the supply of goods or a class of goods specified in the order; or
(b)imposing conditions or restrictions specified in the order on the supply of the relevant goods or class of goods.
NoteA power given under an Act to make a statutory instrument (including an interim safety order) includes power to amend or repeal the instrument (see Legislation Act 2001, s 46 (1)).
(4)An interim safety order is a notifiable instrument.
Note 1A notifiable instrument must be notified under the Legislation Act 2001.
Note 2An amendment or repeal of an interim safety order is also a notifiable instrument (see Legislation Act 2001, s 46 (2)).
(5)Unless the effect of an interim safety order is extended under subsection (7), the order expires on the earlier of the following:
(a)28 days after the day the notice is notified under the Legislation Act 2001;
(b)the commencement of a consumer product safety order under section 27 in relation to the goods specified in the order.
(6)If an interim safety order (the first order) is in force under this section in relation to specified goods or a specified class of goods, the Minister may make a further interim safety order in relation to the same goods or class of goods only if the further order relates to an aspect of the goods or class of goods not covered by the first order.
(7)If—
(a)an interim safety order is in force in relation to goods or a class of goods; and
(b)further time is required for the commissioner to provide advice under section 24 (Advice about consumer product safety orders or standards), or for the product safety advisory committee to provide advice in accordance with this Act, in relation to the goods or class of goods;
the Minister, on the commissioner’s recommendation, may, in writing, extend the period of the effect of the order.
(8)If the effect of an interim safety order is extended under subsection (7), the order expires on the earlier of the following:
(a)28 days after the period of 28 days mentioned in subsection (5) (a);
(b)the commencement of a consumer product safety order under section 27 in relation to the goods specified in the interim safety order.
(9)An extension under subsection (7) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
Consumer product safety orders
(1)The Minister may make an order (a consumer product safety order) prohibiting or restricting the supply of goods.
Note 1Power to make a consumer product safety order includes power to make an order about any 1 or more goods or a particular class of goods (see Legislation Act, s 48 (2)).
Note 2A power given under an Act to make a statutory instrument (including a consumer product safety order) includes power to amend or repeal the instrument (see Legislation Act, s 46 (1)).
(2)A consumer product safety order restricting the supply of goods may be conditional.
(3)The Minister may make a consumer product safety order only if satisfied that—
(a)the goods are dangerous; and
(b)the supply of the goods should be prohibited or restricted.
(3)In this section:
dangerous—goods are dangerous if the possession, handling or use of the goods is, directly or indirectly, likely to cause death or injury to a person or affect a person’s health.
(4)A consumer product safety order is a notifiable instrument.
Note 1A notifiable instrument must be notified under the Legislation Act.
Note 2An amendment or repeal of a consumer product safety order is also a notifiable instrument (see Legislation Act, s 46 (2)).
Consumer product information standards
The regulations may prescribe a consumer product information standard to be used for a specified kind of goods consisting of requirements for, and for the form and manner of, disclosure of such information as to—
(a)the price, performance, composition, contents, methods of manufacture or processing, design, construction, finish or packaging of the goods; and
(b)the place of manufacture or production of the goods; and
(c)the identity of the manufacturer, producer or supplier of the goods; and
(d)the date of the manufacture or production, or the durable life, of the goods; and
(e)care and storage of the goods;
as is reasonably necessary to give persons using the goods information as to their origin, quantity, quality, nature, durability or value.
Orders by commissioner
(1)This section applies if a prescribed authority of the Commonwealth or a State has, by order or other instrument (the interstate order)—
(a)prohibited the supply of goods; or
(b)imposed conditions or restrictions on the supply of goods.
(2)The Minister may, at any time while the interstate order is in force, make an order (a consumer product safety order)—
(a)if the interstate order prohibits the supply of goods—prohibiting the supply of the goods in the ACT; or
(b)if the interstate order imposes conditions or restrictions on the supply of goods—imposing conditions or restrictions on the supply of the goods in the ACT.
Note 1Power to make a consumer product safety order includes power to make an order about any 1 or more goods or a particular class of goods (see Legislation Act, s 48 (2)).
Note 2A power given under an Act to make a statutory instrument (including a consumer product safety order) includes power to amend or repeal the instrument (see Legislation Act, s 46 (1)).
(3)However, the commissioner must not make a consumer product safety order under this section in relation to goods unless satisfied that it is reasonable and necessary to make the order to prevent or reduce the risk of injury to, or impairment of health of, someone because the person or someone else has or is handling or using the goods.
(4)Also, the commissioner must not make a consumer product safety order under this section in relation to goods if the Minister has made, or refused to make, an interim safety order or consumer product safety order in relation to the goods.
(5)A consumer product safety order made under this section may adopt an interstate order as in force from time to time.
Note 1The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).
Note 2A notifiable instrument must be notified under the Legislation Act.
(6)A consumer product safety order made under this section in relation to goods ends on the earlier of the following:
(a)if the order provides for its end—at the time stated by the order for its end;
(b)the commencement of a consumer product safety order under section 27 in relation to the goods.
(7)Without limiting the powers implied by subsection (2), the Minister may, in writing, amend or repeal a consumer product safety order made under this section.
(8)A consumer product safety order made under this section is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
(9)Written notice of the order must also be published in a newspaper circulating in the ACT.
(10)In this section:
prescribed authority means—
(a)a Commonwealth or State Minister responsible for consumer affairs; or
(b)a person appointed or authority established under a Commonwealth or State law with functions equivalent, or substantially equivalent, to the functions given to the Minister or commissioner under this part.
Offences
(1)Subject to this section, a person shall not supply goods that are intended to be used, or are of a kind likely to be used, by a consumer if—
(a)there is a prescribed consumer product safety standard in respect of the goods and the goods do not comply with that standard; or
(b)the supplying of the goods contravenes an order under section 26, 27 or 29; or
(c)there is a consumer product information standard applicable to the goods and the goods do not comply with that standard.
Maximum penalty: 200 penalty units.
(2)Subsection (1) (a) does not apply to, or in relation to, the supply of goods—
(a)for the value of the material of which the goods are composed and not for the use of the goods as finished articles; or
(b)as damaged goods to—
(i)a person who carries on the business of repairing damaged goods for the purpose of reselling those goods; or
(ii)a person by whom those goods were insured against damage.
(3)It is a defence to a prosecution for an offence against subsection (1) (a) that the defendant believed on reasonable grounds at the time he or she supplied the goods that they complied with the prescribed consumer product safety standard or prescribed consumer product information standard.
(4)If—
(a)the supplying of goods by a person constitutes a contravention of subsection (1) by reason that the goods do not comply with a prescribed product safety standard or prescribed consumer product information standard; and
(b)a person suffers loss or damage by reason that the goods do not comply with that standard or by reason of his or her not having particular information in relation to the goods; and
(c)the person referred to in paragraph (b) would not have suffered the loss or damage if the good had complied with that standard;
the person referred to in paragraph (b) is taken, for this part, to have suffered the loss or damage by the supplying of the goods.
(5)If—
(a)the supplying of goods by a person constitutes a contravention of subsection (1) by reason that the supplying contravenes an order under section 26, 27 or 29; and
(b)a person suffers loss or damage, being loss or damage caused by the goods or a defect in the goods or a dangerous characteristic of the goods or by reason of his or her not having particular information as to a characteristic of the goods;
the person referred to in paragraph (b) is taken, for this part, to have suffered the loss or damage by the supplying of the goods.
Recovery of amount of loss or damage
A person who suffers loss or damage by the supplying of goods in contravention of section 30 (1) may recover the amount of the loss or damage by action against the person by whom the goods were so supplied.
Recovery of amount paid for goods
(1)Subject to this section, a person to whom goods have been supplied in contravention of section 30 (1) may recover, as a debt due to him or her, against the person who supplied the goods—
(a)the amount paid in respect of the supplying of the goods by the secondmentioned person; and
(b)if the firstmentioned person has returned the goods to the secondmentioned person—the amount of any reasonable expenses incurred in so returning the goods.
(2)A person to whom goods have been supplied in contravention of section 30 (1) and who supplies those goods to another person in contravention of that subsection shall not be entitled to recover any amount under subsection (1) unless he or she has paid to that other person the amounts that the other person is entitled to recover under subsection (1).
Finding in proceedings to be evidence
In an action against a person under section 31 or 32, a finding of any fact by a court in proceedings for an offence against section 30 (1), in which that person has been found to have contravened that section, is evidence of that fact.
Contracting out
Any agreement under which the rights and entitlements given to a person under section 31 or 32 are waived, limited or modified is void.
Division 4.3 Notification and review of decisions
Meaning of reviewable decision—div 4.3
In this division:
reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
Reviewable decision notices
(1)If a person makes a reviewable decision, the person must publish a reviewable decision notice in relation to the decision in a newspaper circulating in the ACT.
NoteThe requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
(2)If schedule 1, column 4 states that a reviewable decision is notifiable, a reviewable decision notice in relation to the decision is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
36AApplications for review
A person whose interests are affected by a reviewable decision may apply to the ACAT for review of the decision.
NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.
Part 5Product recall
Recall etc of goods
(1)This section applies if—
(a)a person supplies goods; and
(b)any of the following subparagraphs apply:
(i)it appears to the Minister that the goods are of a kind that will or may cause injury to someone;
(ii)a consumer product safety standard prescribed under section 28 applies to the goods and the goods do not comply with the standard;
(iii)an interim safety order under section 26, or a consumer product safety order under section 27 or 29, applies to the goods; and
(c)it appears to the Minister that the supplier has not taken satisfactory action to prevent the goods causing injury.
(2)The Minister may, by written notice, require the supplier to take action within the period specified in the notice to—
(a)recall the goods in the manner specified in the order; or
(b)disclose to the public, or to a class of persons specified in the order in the manner so specified 1 or more of the following:
(i)the nature of any defect in the goods identified in the order;
(ii)the circumstances in which the use of the goods is dangerous;
(iii)procedures for disposing of the goods; or
(c)notify the public, or a class of persons specified in the order, in the manner and within the period so specified, that the supplier undertakes to do whichever of the following the supplier thinks is appropriate:
(i)except if the order identifies a dangerous characteristic of the goods—repair the goods;
(ii)replace the goods;
(iii)refund to a person to whom the goods were supplied (whether by the supplier or by another person) the price of the goods;
within the period specified in the order.
(3)A notice under subsection (2) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
(4)If an order so provides, if—
(a)the supplier undertakes to refund the price of the goods; and
(b)a period of more than 12 months has elapsed since a person (whether or not the person to whom the refund is to be made) acquired the goods from the supplier;
the amount of the refund may be reduced by an amount, specified in the order, that represents the use that the person has had of the goods.
(5)If a supplier undertakes to repair goods, the supplier shall cause the goods to be repaired so that—
(a)any defect in the goods identified in the order is remedied; and
(b)if there is a consumer product safety standard for goods of that kind—the goods comply with the standard.
(6)If a supplier undertakes to replace goods, the supplier shall replace the goods with like goods that—
(a)if a defect in the goods to be replaced was identified in the order—do not contain that defect; and
(b)if there is a consumer product safety standard for goods of that kind—comply with that standard.
(7)If a supplier undertakes to repair goods or replace goods, the cost of the repair or replacement, including any necessary transport costs, shall be borne by the supplier.
(8)While an order under subsection (1) is in force, a supplier of goods to which the order relates shall not—
(a)fail to comply with a requirement of, or a direction in, the order; or
(b)if the order identifies a defect in the goods—supply goods of the kind to which the order relates and that contain that defect; or
(c)in a case other than a case referred to in paragraph (b)—supply goods of the kind to which the order relates; or
(d)fail to carry out an undertaking notified by the supplier under subsection (1); or
(e)having given such an undertaking to repair or replace goods, fail to comply with subsection (5), (6) or (7), where applicable.
Maximum penalty: 200 penalty units.
(9)If goods are recalled, whether voluntarily or in accordance with an order under subsection (1), a person who has supplied any of the recalled goods to another person outside the ACT shall, as soon as practicable after the supply of those goods, give written notice to that other person—
(a)stating that the goods are subject to recall; and
(b)if the goods have a defect—stating the nature of the defect; and
(c)if the goods do not comply with a consumer product safety standard for the goods—setting out the nature of the noncompliance.
Maximum penalty: 20 penalty units.
(10)A supplier who voluntarily takes action to recall goods shall, not later than 2 days after that action is taken, give to the commissioner written notice—
(a)stating that the goods are subject to recall; and
(b)if the goods have a defect—stating the nature of the defect; and
(c)if the goods do not comply with a consumer product safety standard for the goods—setting out the nature of the noncompliance.
Maximum penalty: 20 penalty units.
(11)It is a sufficient compliance with subsection (10) if a copy of the notice relating to the goods is given under the Trade Practices Act 1974 (Cwlth), section 65R to the commissioner.
Conferences relating to compulsory product recall
(1)If the Minister—
(a)makes in conjunction with a consumer product safety order under section 27 any order under section 37 relating to goods the subject of the consumer product safety order; or
(b)has under consideration a draft of any order under section 37 that is not proposed to be made in conjunction with a consumer product safety order under section 27;
the Minister must prepare a written notice that complies with subsection (2) in relation to the order or draft order.
(2)A notice relating to an order or draft order complies with this subsection if it specifies—
(a)that a supplier of the goods to which the order or draft order relates may, before a day specified in the notice (being a day that is not earlier than 10 days after publication of the notice) lodge with the product safety advisory committee a request for a conference with that committee; and
(b)for a draft order—the terms of the draft order and a summary of the reasons why it is under consideration.
(3)A notice under subsection (1) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
(4)If a notice under subsection (1) is notified, the commissioner must, within 2 days after the day it is notified under the Legislation Act 2001 or, if it is not practicable to do so within the 2 days, as soon as practicable afterwards, either—
(a)give a copy of the notice to each person who, to the commissioner’s knowledge, supplies goods to which the notice relates; or
(b)publish a copy of the notice in a daily newspaper.
(5)Any failure to comply with subsection (4) in relation to a notice does not invalidate the notice.
(6)The product safety advisory committee may allow further time for the lodging of a request for a conference and shall—
(a)if no request for a conference has been lodged—inform the Minister accordingly; or
(b)if a request for a conference has been lodged—notify the Minister and each supplier who has duly requested the conference, of the time and place for the holding of the conference, being a time not later than 14 days after the expiration of the time for lodging a request for the conference.
(7)If a conference is held—
(a)the product safety advisory committee shall be represented by a member nominated by the chairperson; and
(b)each supplier who has requested the conference, and any other person whose presence at the conference is considered by the product safety advisory committee to be appropriate, is entitled to be present or be represented; and
(c)the Minister or a person or persons nominated in writing by the Minister is or are entitled to be present.
(8)A person in attendance at the conference may—
(a)inspect documents in the possession of the member representing the product safety advisory committee that relate to the goods to which the order or draft order relates (other than documents specifying a secret formula or process); and
(b)be heard by, and make submissions to, the member representing the product safety advisory committee with respect to the order or draft order.
(9)The member representing the product safety advisory committee shall keep a record of proceedings at a conference under this section.
(10)After a conference is held, the product safety advisory committee shall—
(a)if the conference related to a draft order—make a written recommendation to the Minister as to whether the Minister should—
(i)publish an order in terms of the draft order; or
(ii)publish an order in terms of the draft order with amendments; or
(iii)refrain from publishing an order affecting the goods to which the draft order relates; or
(b)if the conference related to an order under section 37—make a written recommendation to the Minister as to whether the order should remain in force, be varied or be revoked.
(11)The product safety advisory committee shall cause a copy of a recommendation made under subsection (10) to be given to each supplier who was present or represented at the conference.
(12)The Minister is not bound by a recommendation under subsection (10) but, if the Minister decides not to act in accordance with the recommendation, the Minister must prepare a written notice stating the reasons for that decision.
(13)A notice under subsection (12) is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act 2001.
Certain amounts recoverable as debt or damages
(1)If a supplier fails to carry out an undertaking given under section 37 to refund the price of goods, the amount that should have been refunded is recoverable as a debt due by the supplier to the person to whom the undertaking was given.
(2)If a supplier fails to carry out an undertaking under section 37 to repair or replace goods, the supplier is taken to have given instead an undertaking, notified under section 37, to refund the price of the goods within the period specified for the repair or replacement of the goods.
(3)If—
(a)a person fails to comply with any requirement of an order made under section 37 or supplies goods in contravention of such an order disclosing a defect in, or dangerous characteristic of, the goods; and
(b)another person suffers loss or damage because of a defect in, or a dangerous characteristic of, the goods or by not having particular information as to a characteristic of the goods;
the person who suffered the loss or damage is taken, for this Act, to have suffered it because of the failure or contravention.
Certain action not to affect insurance contracts
The liability of an insurer under a contract of insurance with a person, being a contract relating to the recall of goods supplied or proposed to be supplied by the person or to the liability of the person with respect to possible defects in goods supplied or proposed to be supplied by the person, shall not be affected only because the person gives to the Minister, to the product safety advisory committee or to an officer information relating to any goods supplied or proposed to be supplied by the person.
Part 6Miscellaneous
Certificate evidence
(1)A certificate that appears to be signed by the commissioner, and states any of the following matters, is evidence of the matter:
(a)that a stated investigation made, or being made, by the commissioner or another stated person was made, or being made, under part 3;
(b)that on a stated date, or during a stated period, a stated person was an investigator.
(2)A court must accept a certificate under this section as proof of the matters stated in it if there is no evidence to the contrary.
41APublic warning statements
(1)The Minister or the commissioner may make or issue a public statement identifying and giving warnings or information about any of the following:
(a)goods that the Minister or commissioner reasonably considers are unsatisfactory or dangerous and people who supply the goods;
(b)services that the Minister or commissioner reasonably considers are supplied in an unsatisfactory way and people who supply the services;
(c)commercial practices that the Minister or commissioner reasonably considers are unfair and people who engage in the practices;
(d)anything else that the Minister or commissioner reasonably considers adversely affects or may adversely affect the interests of people in relation to the acquisition by them of goods or services from suppliers.
(2)The statement may identify particular goods, services, business practices and people.
(3)The Minister or the commissioner may make or issue a statement under this section only if satisfied that it is in the public interest to do so.
Immunity from liability for certain statements
(1)The Territory, the Minister, a member of an advisory committee or the product safety advisory committee, the commissioner, an investigator or a person acting under the direction or control of the commissioner is not civilly liable for a statement, notice or report made or issued honestly by a person in the exercise of functions under this Act.
(2)This section does not deprive a person of any defence the person might have relied on apart from this section.
(3)To remove any doubt, a statement, notice or report made or issued by the Minister, an advisory committee, the product safety advisory committee or the commissioner for the information of the public is a public document for the Civil Law (Wrongs) Act 2002, section 61 (Publication of public document) and the Defamation (Criminal Proceedings) Act 2001, section 31.
Regulation-making power
(1)The Executive may make regulations for this Act.
NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
(2)The regulations may create offences for contraventions of the regulations and fix maximum penalties of not more than 20 penalty units for offences against the regulations.
References to Consumer Affairs Act
In an Act or document, a reference to the Consumer Affairs Act 1973 is a reference to this Act.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001, s 104).
References to director of consumer affairs etc
(1)In relation to anything done or to be done after the commencement of this section, a reference in an Act or document to the director of consumer affairs or director of fair trading is a reference to the commissioner.
(2)In relation to anything done or to be done after the commencement of this section, a reference in an Act or document to the consumer affairs bureau or office of fair trading is a reference to the commissioner.
Schedule 1Reviewable decisions
(see div 4.3)
| column 1 item | column 2 section | column 3 decision | column 4 Is decision notifiable? |
| 1 | 26 (3) | make, amend or repeal interim safety order | |
| 2 | 26 (3) | refuse to make interim safety order | yes |
| 3 | 26 (7) | extend period of effect of interim safety order | |
| 4 | 27 (1) | make, amend or repeal consumer product safety order | |
| 5 | 27 (1) | refuse to make consumer product safety order | yes |
| 6 | 29 | make, amend or repeal consumer product safety order | |
| 7 | 29 | refuse to make consumer product safety order | yes |
Dictionary
(see s 2)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· ACAT
· Commonwealth
· Corporations Act
· daily newspaper
· entity
· Minister (see s 162)
· reviewable decision notice
· State
· territory law.
acquire—see the Fair Trading Act 1992, dictionary.
advisory committee means a consumer affairs advisory committee appointed by the Minister under this Act.
business premises, for division 3.2 (Investigations)—see section 8A.
commissioner means the commissioner for fair trading.
connected, for division 3.2 (Investigations)—see section 8A.
consumer—see the Fair Trading Act 1992, section 6.
consumer product information standard, in relation to goods, means a standard established under section 28 in relation to those goods.
consumer product safety order means an order under section 27 or section 29.
consumer product safety standard in relation to goods, means a standard established under section 25 in relation to those goods.
corporation—see the Corporations Act.
court includes any tribunal or person having authority under a law, or by consent of parties, to receive evidence.
dwelling house means premises that are used, or intended to be used, for the purpose of residence, and includes the premises of a lodging house or boarding house.
fair trading legislation means—
(a)the Agents Act 2003; or
(b)the Eggs (Labelling and Sale) Act 2001; or
(c)the Fair Trading Act 1992; or
(d)the Fair Trading (Motor Vehicle Repair Industry) Act 2010; or
(e)the Fair Trading (Consumer Affairs) Act 1973; or
(f)the Security Industry Act 2003.
goods—see the Fair Trading Act 1992, dictionary.
identity card means an identity card issued to an investigator under section 10.
interest in land means—
(a)a legal or equitable estate or interest in land; or
(b)a right of occupancy of land or of a building erected on land, being a right that arises by virtue of holding shares, or a contract to purchase shares, in a corporation that is the owner of the land or the land where the building is situated; or
(c)a right, power or privilege over, or in connection with, land.
interim safety order means an order made by the Minister under section 26.
investigation means an investigation under part 3.
investigator means the commissioner or a person who is authorised by the commissioner under section 9.
occupier, of premises, for division 3.2 (Investigations)—see section 8A.
offence, for division 3.2 (Investigations)—see section 8A.
owner means—
(a)for land held under a lease from the Commonwealth for a term of years—the person who is the lessee of the land; and
(b)for land held in fee simple—the person in whom the fee simple is vested.
reviewable decision, for division 4.3 (Notification and review of decisions)—see section 35.
services—see the Fair Trading Act 1992, dictionary.
supply—see the Fair Trading Act 1992, dictionary.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
This Act was originally a Commonwealth ordinance—the Consumer Affairs Ordinance 1973 No 17 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).
The Act was renamed as the Fair Trading (Consumer Affairs) Act 1973 by the Law Reform (Miscellaneous Provisions) Act 1999 (see sch 3).
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25).
Legislation before becoming Territory enactment
Fair Trading (Consumer Affairs) Act 1973 No 17
notified 31 May 1973
commenced 31 May 1973
as amended by
Consumer Affairs Ordinance (No 2) 1973 No 53
notified 19 December 1973
commenced 19 December 1973
Consumer Affairs (Amendment) Ordinance 1976 No 49
notified 12 October 1976
commenced 12 October 1976
Ordinances Revision (Remuneration) Ordinance 1976 No 61
notified 16 November 1976
commenced 16 November 1976
Consumer Affairs (Amendment) Ordinance 1979 No 42
notified 18 December 1979
commenced 18 December 1979
Consumer Affairs (Amendment) Ordinance 1981 No 26
notified 17 September 1981
commenced 17 September 1981
Ordinances Revision (Companies Amendments) Ordinance 1982 No 38 sch 4
notified 30 June 1982
commenced 1 July 1982 (s 2)
Consumer Affairs (Amendment) Ordinance 1982 No 100
notified 31 December 1982
commenced 31 December 1982
Limitation Ordinance 1985 No 66
notified 19 December 1985
commenced 19 December 1985
Consumer Affairs (Amendment) Ordinance 1986 No 23
notified 25 July 1986
commenced 25 July 1986
Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
Remuneration (Miscellaneous Amendments) Ordinance 1989 No 50 sch
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
commenced 10 May 1989
Legislation after becoming Territory enactment
Consumer Affairs (Amendment) Act 1990 No 44
notified 8 November 1990 (Gaz 1990 No S75)
s 1, s 2 commenced 8 November 1990 (s 2 (1))remainder commenced 5 December 1990 (s 2 (2) and Gaz 1990 No S88)
Statute Law Revision (Miscellaneous Provisions) Act 1992 No 23 sch 1
notified 4 June 1992 (Gaz 1992 No S71)
sch 1 commenced 4 June 1992
Consumer Affairs (Amendment) Act 1992 No 73
notified 8 December 1992 (Gaz 1992 No S218)
ss 1-3 commenced 8 December 1992 (s 2 (1))remainder commenced 1 January 1993 (s 2 (2) and Gaz 1992 No S245)
Acts Revision (Position of Crown) Act 1993 No 44 sch 2
notified 27 August 1993 (Gaz 1993 No S165)
sch 2 commenced 27 August 1993 (s 2)
Administrative Appeals (Consequential Amendments) Act 1994 No 60 sch 1
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))sch 1 commenced 14 November 1994 (s 2 (2) and Gaz 1994 No S250)
Statute Law Revision (Penalties) Act 1994 No 81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)
Statutory Offices (Miscellaneous Provisions) Act 1994 No 97 sch pt 1
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994 No S293)
Annual Reports (Government Agencies) (Consequential Provisions) Act 1995 No 25 sch
notified 5 September 1995 (Gaz 1995 No S212)
commenced 5 September 1995 (s 2)
Statute Law Revision Act 1995 No 46 sch
notified 18 December 1995 (Gaz 1995 No S306)
amdts commenced 18 December 1995 (s 2)
Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))sch 1 commenced 1 June 1998 (s 2 (2))
Law Reform (Miscellaneous Provisions) Act 1999 No 66 sch 3
notified 10 November 1999 (Gaz 1999 No 45)
sch 3 commenced 10 November 1999 (s 2)
Justice and Community Safety Legislation Amendment Act 2000 (No 3) No 17 sch 1
notified 1 June 2000 (Gaz 2000 No 22)
sch 1 commenced 1 June 2000 (s 2)
Legislation (Consequential Amendments) Act 2001 No 44 pt 139
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)pt 139 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Fair Trading Legislation Amendment Act 2001 No 77 pt 3
notified LR 14 September 2001
s 1, s 2 commenced 14 September 2001 (LA s 75)pt 3 commenced 14 March 2002 (LA s 79)
Legislation Amendment Act 2002 No 11 pt 2.20
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)pt 2.20 commenced 28 May 2002 (s 2 (2))
Criminal Code 2002 No 51 pt 1.9
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))pt 1.9 commenced 1 January 2003 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2003 A2003-2 pt 5
notified LR 3 March 2003
s 1, s 2 commenced 3 March 2003 (LA s 75 (1))
pt 5 commenced 31 March 2003Security Industry Act 2003 A2003-4 sch pt 1.2
notified LR 3 March 2003
s 1, s 2 commenced 3 March 2003 (LA s 75 (1))
pt 1.2 commenced 3 September 2003 (s 2 and LA s 79)Agents Act 2003 A2003-20 sch 3 pt 3.1
notified LR 19 May 2003
s 1, s 2 commenced 19 May 2003 (LA s 75 (1))
sch 3 pt 3.1 commenced 1 November 2003 (s 2 and CN2003-12)Justice and Community Safety Legislation Amendment Act 2003 (No 2) A2003-47 pt 6
notified LR 31 October 2003
s 1, s 2 commenced 31 October 2003 (LA s 75 (1))pt 6 commenced 1 November 2003 (s 2)
Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.34
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))sch 2 pt 2.34 commenced 9 April 2004 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2006 A2006-40 sch 1 pt 1.6
notified LR 28 September 2006
s 1, s 2 commenced 28 September 2006 (LA s 75 (1))sch 1 pt 1.6 commenced 29 September 2006 (s 2 (1))
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.41
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))sch 3 pt 3.41 commenced 12 April 2007 (s 2 (1))
Justice and Community Safety Legislation Amendment Act 2008 A2008-7 sch 1 pt 1.9
notified LR 16 April 2008
s 1, s 2 commenced 16 April 2008 (LA s 75 (1))sch 1 pt 1.9 commenced 7 May 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 A2008-36 sch 1 pt 1.23
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.23 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.40
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.40 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.30
notified LR 1 September 2009
s 1, s 2 commenced 1 September 2009 (LA s 75 (1))sch 3 pt 3.30 commenced 22 September 2009 (s 2)
Justice and Community Safety Legislation Amendment Act 2010 A2010-13 sch 1 pt 1.3
notified LR 31 March 2010
s 1, s 2 commenced 31 March 2010 (LA s 75 (1))
s 3 commenced 1 April 2010 (LA s 75AA)
amdt 1.24 commenced 1 April 2010 (s 2 (1))sch 1 pt 1.3 remainder commenced 1 July 2010 (s 2 (3) (b))
Fair Trading (Motor Vehicle Repair Industry) Act 2010 A2010-16 s 64
notified LR 7 April 2010
s 1, s 2 commenced 7 April 2010 (LA s 75 (1))
s 64 commenced 7 October 2010 (s 2 and LA s 79)Justice and Community Safety Legislation Amendment Act 2010 (No 3) A2010-40 sch 1 pt 1.5
notified LR 5 October 2010
s 1, s 2 commenced 5 October 2010 (LA s 75 (1))s 3, sch 1 pt 1.5 commenced 6 October 2010 (s 2 (1))
Liquor (Consequential Amendments) Act 2010 A2010-43 sch 1 pt 1.11
notified LR 8 November 2010
s 1, s 2 commenced 8 November 2010 (LA s 75 (1))
sch 1 pt 1.11 commenced 1 December 2010 (s 2 (4) and see Liquor Act 2010 A2010-35, s 2 (3) (as am by A2010-43 amdt 1.19) and CN2010-14)Fair Trading (Australian Consumer Law) Amendment Act 2010
A2010-54 sch 2
notified LR 16 December 2010
s 1, s 2 commenced 16 December 2010 (LA s 75 (1))sch 2 commenced 1 January 2011 (s 2 (1))
as repealed by
Fair Trading (Australian Consumer Law) Amendment Act 2010
A2010-54 s 4
notified LR 16 December 2010
s 1, s 2 commenced 16 December 2010 (LA s 75 (1))s 4 commenced 1 January 2011 (s 2 (1))
Amendment history
Title
titleam 1990 No 44 s 4
sub 1999 No 66 sch 3; 2000 No 17 sch 1
Name of Act
s1 sub 1976 No 49 s 3; 1999 No 66 sch 3
Dictionary
s 2orig s 2
om 1976 No 49 s 3
pres s 2
(prev s 3) am 1986 No 23 s 3; 1992 No 73 s 4; 1994 No 97 sch pt 1
renum as s 2 R6 LRA (see 2000 No 17 sch 1)
defs reloc to dict A2007-3 amdt 3.214
sub A2007-3 amdt 3.215
def director ins 1990 No 44 s 5
sub 1994 No 97 sch pt 1
am 1999 No 66 sch 3
om 2000 No 17 sch 1
def investigating officer ins 1976 No 49 s 4
om 2000 No 17 sch 1
def Legislative Assembly ins 1976 No 49 s 4
om 1989 No 38 sch 1
def member om 1990 No 44 s 5
def office ins 1999 No 66 sch 3
om 2000 No 17 sch 1
def the bureau om 1999 No 66 sch 3
def the chairman om 1990 No 44 s 5
def the council om 1990 No 44 s 5
def the director om 1994 No 97 sch pt 1
def tribunal ins 1989 No 38 sch 1
om 1994 No 60 sch 1
Notes
s 2Ains A2007-3 amdt 3.215
Fair trading advisory committees
pt 2 hdgsub 1990 No 44 s 6
am 1999 No 66 sch 3
Appointment of committees
s 3(prev s 4) sub 1990 No 44 s 6
renum R6 LRA (2000 No 17 sch 1)
am A2007-3 amdt 3.216
Position of Crown
s 3Ains 1992 No 73 s 5
om 1993 No 44 sch 1
Functions of committees
s 4orig s 4 renum as s 3
(prev s 5) am 1976 No 49 s 5; 1989 No 38 sch 2
sub 1990 No 44 s 6; 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
Expenses
s 5orig s 5 renum as s 4
(prev s 6) sub 1990 No 44 s 6
am 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
Commissioner for fair trading
pt 3 hdgam 1999 No 66 sch 3
sub 2000 No 17 sch 1
reloc to Fair Trading (Australian Consumer Law) Act 1992 pt 5 hdg by A2010-54 amdt 2.26
Administration
div 3.1 hdg(prev pt 3 div 1 hdg) ins 1976 No 49 s 8
renum R6 LRA (see 2000 No 17 sch 1)
reloc to Fair Trading (Australian Consumer Law) Act 1992 div 5.1 hdg by A2010-54 amdt 2.26
Commissioner for fair trading
s 6orig s 6 renum as s 5
(prev s 12) am 1989 No 38 sch 1; 1994 No 97 sch pt 1
sub 1999 No 66 sch 3; 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
sub A2007-3 amdt 3.217
(2)-(4) exp 12 April 2008 (s 6 (4) (LA s 88 declaration applies))
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 32 by A2010-54 amdt 2.26
Functions of commissioner
s 7sub 1976 No 61; 1989 No 50 sch
om 1990 No 44
(prev s 13) am 1989 No 38 sch 1
sub 1992 No 23 sch 1; 1994 No 97 sch pt 1; 1999 No 66 sch 3; 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
am A2003-4 amdt 1.4; A2003-20 amdts 3.1-3.3, 3.5; pars renum R13 LA (see A2003-20 amdt 3.4); A2006-40 amdt 1.16, amdt 1.17; A2010-54 amdt 2.1, amdt 2.2
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 33 by A2010-54 amdt 2.26
Delegation by commissioner
s 8am 1976 No 49 s 6; 1989 No 38 sch 1
om 1990 No 44
(prev s 14) am 1976 No 49 s 9; 1992 No 73 s 14
sub 1999 No 66 sch 3; 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
am A2003-20 amdt 3.6
sub A2006-40 amdt 1.18
am A2007-3 amdt 3.218; A2008-36 amdt 1.265; pars renum R19 LA; A2010-13 amdt 1.21, amdt 1.22; A2010-40 amdt 1.15; pars renum R23 LA; A2010-43 amdt 1.14
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 34 by A2010-54 amdt 2.26
Investigations
div 3.2 hdg(prev pt 3 div 2 hdg) ins 1976 No 49 s 11
renum R6 LRA (see 2000 No 17 sch 1)
reloc to Fair Trading (Australian Consumer Law) Act 1992 div 5.2 hdg by A2010-54 amdt 2.26
Definitions for div 3.2
s 8Ains 2001 No 77 s 16
def business premises ins 2001 No 77 s 16
def connected ins 2001 No 77 s 16
def fair trading legislation ins 2001 No 77 s 16
am A2003-4 amdt 1.5; A2003-20 amdt 3.7
om A2006-40 amdt 1.19
def occupier ins 2001 No 77 s 16
def offence ins 2001 No 77 s 16
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 35 by A2010-54 amdt 2.26
Investigators
s 9om 1990 No 44
(prev s 14A) ins 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
am A2003-20 amdt 3.8
sub A2007-3 amdt 3.219
am A2010-54 amdt 2.3
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 36 by A2010-54 amdt 2.26
Identity cards
s 10am 1976 No 49 s 7
om 1990 No 44
(prev s 15) am 1976 No 49 s 10; 1989 No 38 sch 1; 1990 No 44 s 7; 1999 No 66 sch 3
sub 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
am A2010-40 amdt 1.16; A2010-54 amdt 2.4, amdt 2.5
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 37 by A2010-54 amdt 2.26
Power not to be exercised before identity card shown
s 11am 1982 No 100 s 4
om 1990 No 44
(prev s 15A) ins 1976 No 49 s 11
am 1999 No 66 sch 3
sub 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
am A2010-40 amdt 1.17
sub A2010-54 amdt 2.6
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 38 by A2010-54 amdt 2.26
Disclosure of pecuniary interest
s 11Ains 1982 No 100 s 5
om 1990 No 44
Power of investigator to enter premises
s 12 hdg(prev s 15B hdg) am 2000 No 17 sch 1
s 12orig s 12 renum as s 6
(prev s 15B) ins 1976 No 49 s 11
am 1992 No 73 sch ; 1994 No 81 sch; 1999 No 66 sch 3; 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
sub 2001 No 77 s 17
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 39 by A2010-54 amdt 2.26
Consent to entry
s 12A hdgsub A2010-54 amdt 2.7
s 12Ains 2001 No 77 s 17
am A2010-54 amdt 2.7
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 40 by A2010-54 amdt 2.26
Warrants
s 12Bins 2001 No 77 s 17
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 41 by A2010-54 amdt 2.26
Warrants—application made other than in person
s 12Cins 2001 No 77 s 17
am A2010-54 amdt 2.8
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 42 by A2010-54 amdt 2.26
General powers on entry to premises
s 12Dins 2001 No 77 s 17
am A2010-54 amdt 2.9
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 43 by A2010-54 amdt 2.26
Inspection of records of agents
s 12DAins A2003-20 amdt 3.9
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 44 by A2010-54 amdt 2.26
Power to seize evidence
s 12Eins 2001 No 77 s 17
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 45 by A2010-54 amdt 2.26
Receipt for things seized
s 12Fins 2001 No 77 s 17
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 46 by A2010-54 amdt 2.26
Access to things seized
s 12Gins 2001 No 77 s 17
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 47 by A2010-54 amdt 2.26
Return of things seized
s 12Hins 2001 No 77 s 17
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 48 by A2010-54 amdt 2.26
Selfincrimination etc
s 12Iins 2001 No 77 s 17
am 2002 No 11 amdt 2.40; 2002 No 51 amdt 1.20; A2004-15 amdt 2.73; A2010-54 amdt 2.10
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 49 by A2010-54 amdt 2.26
Legal professional privilege
s 12Jins 2001 No 77 s 17
om 2002 No 11 amdt 2.41
Providing false or misleading information
s 12Kins 2001 No 77 s 17
om A2004-15 amdt 2.74
Providing false or misleading documents
s 12Lins 2001 No 77 s 17
om A2004-15 amdt 2.74
Damage etc to be minimised
s 12Mins 2001 No 77 s 17
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 50 by A2010-54 amdt 2.26
Compensation
s 12Nins 2001 No 77 s 17
am A2010-54 amdt 2.11
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 51 by A2010-54 amdt 2.26
Investigator may require giving of information and producing of documents
s 13 hdg(prev s 15C hdg) am 2000 No 17 sch 1
s 13orig s 13 renum as s 7
(prev s 15C) ins 1976 No 49 s 11
am 1979 No 42 s 4; 1992 No 73 sch; 1994 No 81 sch; 1997 No 96 sch 1; 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
am 2001 No 77 s 12; ss renum R8 LA (see 2001 No 77 s 19); A2010-54 amdts 2.12-2.18
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 52 by A2010-54 amdt 2.26
Copying of documents produced under s 52
s 14 hdgam A2010-54 amdt 2.19
s 14orig s 14 renum as s 8
(prev s 15D) ins 1976 No 49 s 11
am 1979 No 42 s 5; 1992 No 73 sch; 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
am A2010-54 amdts 2.20-2.23
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 53 by A2010-54 amdt 2.26
Investigators
s 14Arenum as s 9
Secrecy
s 15orig s 15 renum as s 10
(prev s 15E) ins 1976 No 49 s 11
am 1979 No 42 s 6; 1981 No 26; 1986 No 23 s 4; 1990 No 44 s 8; 1992 No 73 sch; 1994 No 81 sch; 1999 No 66 sch 3; 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
sub A2010-54 amdt 2.24
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 54 by A2010-54 amdt 2.26
Power not to be exercised before identity card shown
s 15Arenum as s 11
Power of investigator to enter premises
s 15Brenum as s 12
Investigating officer may require giving of information and producing of documents
s 15Crenum as s 13
Copying of documents produced under s 15C
s 15Drenum as s 14
Secrecy
s 15Erenum as s 15
Director’s power to institute or defend legal proceedings on behalf of consumers
s 15Frenum as s 16
Consumer product safety orders and standards
pt 3A hdgrenum as pt 4 hdg
Product safety advisory committee
pt 3A div 1 hdg renum as div 4.1 hdg
Product safety advisory committee
s 15FAArenum as s 17
Appointment and tenure of office of members
s 15FABrenum as s 18
Deputies of members
s 15FACrenum as s 19
Coopted members
s 15FADrenum as s 20
General procedure
s 15FAErenum as s 21
Voting
s 15FAFrenum as s 22
Minutes
s 15FAGrenum as s 23
Orders and standards
pt 3A div 2 hdg renum as div 4.2 hdg
Advice about consumer product safety orders or standards
s 15FArenum as s 24
Consumer product safety standards
s 15FBArenum as s 25
Interim safety orders
s 15FBrenum as s 26
Consumer product safety orders
s 15FCrenum as s 27
Consumer product information standards
s 15FCArenum as s 28
Orders made by commissioner
s 15FDrenum as s 29
Offences
s 15FErenum as s 30
Recovery of amount of loss or damage
s 15FFrenum as s 31
Recovery of amount paid for goods
s 15FGrenum as s 32
Finding in proceedings to be evidence
s 15FHrenum as s 33
Contracting out
s 15FIrenum as s 34
Notification of decisions
s 15FJrenum as s 35
Appeals
s 15FKrenum as s 36
Product recall
pt 3B hdgrenum as pt 5 hdg
Recall etc of goods
s 15FKArenum as s 37
Conferences relating to compulsory product recall
s 15FKBrenum as s 38
Certain amounts recoverable as debt or damages
s 15FKCrenum as s 39
Certain action not to affect insurance contracts
s 15FKDrenum as s 40
Certificate evidence
s 15Grenum as s 41
Penalties for offences
s 15Hins 1976 No 49 s 12
am 1990 No 44 s 12
om 1994 No 81 sch
Commissioner may begin or defend legal proceeding on behalf of consumer
s 16 hdg(prev s 15F hdg) am 2000 No 17 sch 1
s 16orig s 16 renum as s 42
(prev s 15F) ins 1976 No 49 s 11
am 1989 No 38 sch 1; 1992 No 73 sch; 1999 No 66 sch 3; 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
sub A2010-54 amdt 2.25
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 55 by A2010-54 amdt 2.26
Commissioner must obtain consent in relation to proceeding
s 16Ains A2010-54 amdt 2.25
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 56 by A2010-54 amdt 2.26
Conduct of proceeding by commissioner
s 16Bins A2010-54 amdt 2.25
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 57 by A2010-54 amdt 2.26
Court’s powers
s 16Cins A2010-54 amdt 2.25
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 58 by A2010-54 amdt 2.26
Recovery of money other than costs
s 16Dins A2010-54 amdt 2.25
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 59 by A2010-54 amdt 2.26
Costs
s 16Eins A2010-54 amdt 2.25
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 60 by A2010-54 amdt 2.26
Commissioner not personally liable
s 16Fins A2010-54 amdt 2.25
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 61 by A2010-54 amdt 2.26
Consumer product safety orders and standards
pt 4 hdgorig pt 4 hdg renum as pt 6 hdg
(prev pt 3A hdg) ins 1982 No 100 s 6
renum R6 LRA (see 2000 No 17 sch 1)
Product safety advisory committee
div 4.1 hdg(prev pt 4 div 1 hdg) ins 1992 No 73 s 7
renum R6 LRA (see 2000 No 17 sch 1)
Product safety advisory committee
s 17am 1989 No 38 sch 1; 1990 No 44 s 14
om 1995 No 25 sch
(prev s 15FAA) ins 1992 No 73 s 7
am 1999 No 66 sch 3; 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
am A2007-3 amdt 3.220, amdt 3.221
Appointment and tenure of office of members
s 18(prev s 15FAB) ins 1992 No 73 s 7
am 1999 No 66 sch 3; 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
am A2007-3 amdt 3.222, amdt 3.223; ss renum R16 LA
Deputies of members
s 19orig s 19 renum as s 44
(prev s 15FAC) ins 1992 No 73 s 7
renum R6 LRA (see 2000 No 17 sch 1)
om A2007-3 amdt 3.224
Coopted members
s 20orig s 20 renum as s 45
(prev s 15FAD) ins 1992 No 73 s 7
renum R6 LRA (see 2000 No 17 sch 1)
am A2007-3 amdt 3.225
General procedure
s 21orig s 21 renum as s 46
(prev s 15FAE) ins 1992 No 73 s 7
renum R6 LRA (see 2000 No 17 sch 1)
sub A2007-3 amdt 3.226
Voting at product safety advisory committee meetings
s 22orig s 22 renum as s 47
(prev s 15FAF) ins 1992 No 73 s 7
renum R6 LRA (see 2000 No 17 sch 1)
sub A2007-3 amdt 3.226
Product safety advisory committees to keep minutes
s 23orig s 23 renum as s 48
(prev s 15FAG) ins 1992 No 73 s 7
renum R6 LRA (see 2000 No 17 sch 1)
sub A2007-3 amdt 3.226
Orders and standards
div 4.2 hdg(prev pt 4 div 2 hdg) ins 1992 No 73 s 7
renum R6 LRA (see 2000 No 17 sch 1)
Advice about consumer product safety orders or standards
s 24orig s 24 renum as s 49
(prev s 15FA) ins 1982 No 100 s 6
am 1989 No 38 sch 1
sub 1990 No 44 s 9
am 1992 No 73 s 8; 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
Consumer product safety standards
s 25orig s 25 renum as s 50
(prev s 15FBA) ins 1992 No 73 s 9
renum R6 LRA (see 2000 No 17 sch 1)
am A2003-47 s 22
Interim safety orders
s 26orig s 25 renum as s 51
(prev s 15FB) ins 1982 No 100 s 6
sub 1990 No 44 s 9
am 1992 No 73 s 10; 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
am 2001 No 44 amdts 1.1590-1.1592; A2008-7 amdt 1.51, amdt 1.52
Consumer product safety orders
s 27(prev s 15FC) ins 1982 No 100 s 6
sub 1990 No 44 s 9
renum R6 LRA (see 2000 No 17 sch 1)
am 2001 No 44 amdts 1.1593-1.1595
sub A2008-7 amdt 1.53
Consumer product information standards
s 28(prev s 15FCA) ins 1992 No 73 s 11
renum R6 LRA (see 2000 No 17 sch 1)
am 2001 No 44 amdt 1.1596, amdt 1.1597
Orders by commissioner
s 29 hdg(prev s 15FD hdg) am 2000 No 17 sch 1
s 29(prev s 15FD) ins 1982 No 100 s 6
am 1990 No 44 s 10; 1992 No 73 sch; 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
am 2001 No 44 amdts 1.1598-1.1602
sub A2003-2 s 37
am A2008-7 amdt 1.54; A2008-37 amdt 1.169; ss renum R19 LA
Offences
s 30(prev s 15FE) ins 1982 No 100 s 6
am 1990 No 44 s 11; 1992 No 73 s 12, sch; 1994 No 81 sch
renum R6 LRA (see 2000 No 17 sch 1)
am A2007-3 amdt 3.227
Recovery of amount of loss or damage
s 31(prev s 15FF) ins 1982 No 100 s 6
am 1985 No 66
renum R6 LRA (see 2000 No 17 sch 1)
Recovery of amount paid for goods
s 32(prev s 15FG) ins 1982 No 100 s 6
am 1992 No 73 sch; 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
Finding in proceedings to be evidence
s 33(prev s 15FH) ins 1982 No 100 s 6
am 1990 No 44 s 12
renum R6 LRA (see 2000 No 17 sch 1)
Contracting out
s 34(prev s 15FI) ins 1982 No 100 s 6
renum R6 LRA (see 2000 No 17 sch 1)
Notification and review of decisions
div 4.3 hdgins A2008-37 amdt 1.170
Meaning of reviewable decision—div 4.3
s 35(prev s 15FJ) ins 1982 No 100 s 6
am 1989 No 38 sch 1; 1994 No 60 sch 1; 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
sub 2001 No 44 amdt 1.1603
am A2003-2 ss 38-40
sub A2008-37 amdt 1.170
Reviewable decision notices
s 36(prev s 15FK) ins 1982 No 100 s 6
am 1989 No 38 sch 1; 1994 No 60 sch 1; 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
sub 2001 No 44 amdt 1.1603
am A2003-2 s 41
sub A2008-37 amdt 1.170
Applications for review
s 36Ains A2008-37 amdt 1.170
Product recall
pt 5 hdgorig pt 5 hdg renum as pt 7 hdg
(prev pt 3B hdg) ins 1992 No 73 s 13
renum R6 LRA (see 2000 No 17 sch 1)
Recall etc of goods
s 37(prev s 15FKA) ins 1992 No 73 s 13
am 1994 No 81 sch; 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
am 2001 No 44 amdts 1.1604-1.1606; ss and pars renum R7 LA (see 2001 No 44 amdt 1.1607)
Conferences relating to compulsory product recall
s 38(prev s 15FKB) ins 1992 No 73 s 13
am 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
am 2001 No 44 amdts 1.1608-1.1611; ss renum R7 LA (see 2001 No 44 amdt 1.1612); A2009-20 amdt 3.73
Certain amounts recoverable as debt or damages
s 39(prev s 15FKC) ins 1992 No 73 s 13
renum R6 LRA (see 2000 No 17 sch 1)
am A2007-3 amdt 3.228
Certain action not to affect insurance contracts
s 40(prev s 15FKD) ins 1992 No 73 s 13
renum R6 LRA (see 2000 No 17 sch 1)
Miscellaneous
pt 6 hdg(prev pt 4 hdg) renum R6 LRA (see 2000 No 17 sch 1)
Certificate evidence
s 41(prev s 15G) ins 1976 No 49 s 12
am 1999 No 66 sch 3
sub 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
Public warning statements
s 41Ains A2003-47 s 23
Immunity from liability for certain statements
s 42(prev s 16) am 1973 No 53 s 13
sub 1976 No 49 s 13; 1979 No 42 s 7
am 1990 No 44 s 13; 1992 No 73 s 14, sch; 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
sub A2003-47 s 23
Regulation-making power
s 43(prev s 18) am 1982 No 100 s 7; 1989 No 38 sch 1; 1992 No 73 s 15
renum R6 LRA (see 2000 No 17 sch 1)
sub 2001 No 44 amdt 1.1613
am A2003-47 s 24, s 25
References to Consumer Affairs Act
s 44(prev s 19) ins 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
am 2001 No 44 amdt 1.1614, amdt 1.1615
References to director of consumer affairs etc
s 45(prev s 20) ins 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
am 2001 No 44 amdt 1.1614
Transitional
pt 7 hdg(prev pt 5 hdg) ins 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
exp 1 June 2001 (s 50 (1))
Existing complaints and investigations etc
s 46(prev s 21) ins 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
exp 1 June 2001 (s 50 (1))
Actions of director of consumer affairs etc
s 47(prev s 22) ins 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
exp 1 June 2001 (s 50 (1))
Transitional regulations
s 48(prev s 23) ins 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
exp 1 June 2001 (s 50 (1))
Modification of part’s operation
s 49(prev s 24) ins 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
exp 1 June 2001 (s 50 (1))
Expiry of part
s 50(prev s 25) ins 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
exp 1 June 2001 (s 50 (1))
Renumbering
s 51(prev s 26) ins 2000 No 17 sch 1
renum R6 LRA (see 2000 No 17 sch 1)
om R6 LRA
Reviewable decisions
sch 1ins 1976 No 49 s 14
om 1979 No 42 s 8
ins A2008-37 amdt 1.171
Trade measurement transitional provisions
sch 2 hdgins A2010-13 amdt 1.23
reloc to Fair Trading (Australian Consumer Law) Act 1992 sch 2 hdg by A2010-54 amdt 2.27
Definitions—sch 2
s 2.1ins A2010-13 amdt 1.23
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 2.1 by A2010-54 amdt 2.27
def commencement day ins A2010-13 amdt 1.23
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 2.1 by A2010-54 amdt 2.27
defCommonwealth law ins A2010-13 amdt 1.23
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 2.1 by A2010-54 amdt 2.27
def continuing matter ins A2010-13 amdt 1.23
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 2.1 by A2010-54 amdt 2.27
def National Measurement Institute ins A2010-13 amdt 1.23
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 2.1 by A2010-54 amdt 2.27
def repealed Acts ins A2010-13 amdt 1.23
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 2.1 by A2010-54 amdt 2.27
def repealed Administration Act ins A2010-13 amdt 1.23
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 2.1 by A2010-54 amdt 2.27
def repealed Principal Act ins A2010-13 amdt 1.23
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 2.1 by A2010-54 amdt 2.27
Transitional—application of repealed Acts to continuing matters
s 2.2ins A2010-13 amdt 1.23
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 2.2 by A2010-54 amdt 2.27
Transitional—disciplinary actions
s 2.3ins A2010-13 amdt 1.23
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 2.3 by A2010-54 amdt 2.27
Transitional—reviews
s 2.4ins A2010-13 amdt 1.23
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 2.4 by A2010-54 amdt 2.27
Transitional—seized property
s 2.5ins A2010-13 amdt 1.23
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 2.5 by A2010-54 amdt 2.27
Transitional—unpaid fees
s 2.6ins A2010-13 amdt 1.23
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 2.6 by A2010-54 amdt 2.27
Transitional—search warrants
s 2.7ins A2010-13 amdt 1.23
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 2.7 by A2010-54 amdt 2.27
Transitional—disclosure of information
s 2.8ins A2010-13 amdt 1.23
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 2.8 by A2010-54 amdt 2.27
Transitional—reference to a repealed Act
s 2.9ins A2010-13 amdt 1.23
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 2.9 by A2010-54 amdt 2.27
Transitional—regulations
s 2.10ins A2010-13 amdt 1.23
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 2.10 by A2010-54 amdt 2.27
Expiry—sch 2
s 2.11ins A2010-13 amdt 1.23
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 2.11 by A2010-54 amdt 2.27
Consumer credit transitional provisions
sch 3 hdgins A2010-40 amdt 1.18
reloc to Fair Trading (Australian Consumer Law) Act 1992 sch 3 hdg by A2010-54 amdt 2.27
Definitions—sch 3
s 3.1ins A2010-40 amdt 1.18
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 3.1 by A2010-54 amdt 2.27
def ASIC ins A2010-40 amdt 1.18
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 3.1 by A2010-54 amdt 2.27
def national credit legislation ins A2010-40 amdt 1.18
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 3.1 by A2010-54 amdt 2.27
def repealed credit legislation ins A2010-40 amdt 1.18
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 3.1 by A2010-54 amdt 2.27
Transitional—financial counselling trust fund
s 3.2ins A2010-40 amdt 1.18
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 3.2 by A2010-54 amdt 2.27
Transitional—provision of information and assistance to ASIC
s 3.3ins A2010-40 amdt 1.18
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 3.3 by A2010-54 amdt 2.27
Transitional—ASIC has particular functions
s 3.4ins A2010-40 amdt 1.18
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 3.4 by A2010-54 amdt 2.27
Transitional—reference to repealed legislation
s 3.5ins A2010-40 amdt 1.18
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 3.5 by A2010-54 amdt 2.27
Transitional—pre-credit code contracts
s 3.6ins A2010-40 amdt 1.18
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 3.6 by A2010-54 amdt 2.27
Transitional—finance broking commissions
s 3.7ins A2010-40 amdt 1.18
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 3.7 by A2010-54 amdt 2.27
Transitional—regulations
s 3.8ins A2010-40 amdt 1.18
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 3.8 by A2010-54 amdt 2.27
Expiry—sch 3
s 3.9ins A2010-40 amdt 1.18
reloc to Fair Trading (Australian Consumer Law) Act 1992 s 3.9 by A2010-54 amdt 2.27
Dictionary
dictins A2007-3 amdt 3.229
am A2008-37 amdt 1.172, amdt 1.173; A2009-20 amdt 3.74; A2010-40 amdt 1.19
def acquire ins 1986 No 23 s 3
sub 1992 No 73 s 4; A2007-3 amdt 3.208
reloc from s 2 A2007-3 amdt 3.214
def advisory committee ins 1990 No 44 s 5
reloc from s 2 A2007-3 amdt 3.214
def business premises ins A2007-3 amdt 3.229
def certificate of identification ins 1976 No 49 s 4
reloc from s 2 A2007-3 amdt 3.214
om A2008-36 amdt 1.266
def commissioner ins 2000 No 17 sch 1
reloc from s 2 A2007-3 amdt 3.214
def connected ins A2007-3 amdt 3.229
def consumer ins 1992 No 73 s 4
sub A2007-3 amdt 3.209
reloc from s 2 A2007-3 amdt 3.214
def consumer product information standard ins 1992 No 73 s 4
reloc from s 2 A2007-3 amdt 3.214
def consumer product safety order ins 1982 No 100 s 3
sub A2007-3 amdt 3.210
reloc from s 2 A2007-3 amdt 3.214
def consumer product safety standard ins 1982 No 100 s 3
sub 1992 No 73 s 4
reloc from s 2 A2007-3 amdt 3.214
def corporation ins 1976 No 49 s 4
am 1982 No 38 sch 4; 1995 No 46 sch
reloc from s 2 A2007-3 amdt 3.214
def court ins 1979 No 42 s 3
reloc from s 2 A2007-3 amdt 3.214
def dwelling house ins 1976 No 49 s 4
reloc from s 2 A2007-3 amdt 3.214
def fair trading legislation ins A2006-40 amdt 1.15
reloc from s 2 A2007-3 amdt 3.214
am A2010-13 amdt 1.24; pars renum R21 LA; A2010-16 s 64; pars renum R24 LA
def goods sub 1992 No 73 s 4; A2007-3 amdt 3.211
reloc from s 2 A2007-3 amdt 3.214
def identity card ins A2008-36 amdt 1.267
def interest in land ins 1986 No 23 s 3
reloc from s 2 A2007-3 amdt 3.214
def interim safety order ins 1982 No 100 s 3
reloc from s 2 A2007-3 amdt 3.214
def investigation ins 1976 No 49 s 4
reloc from s 2 A2007-3 amdt 3.214
def investigator ins 2000 No 17 sch 1
reloc from s 2 A2007-3 amdt 3.214
def occupier ins A2007-3 amdt 3.229
def offence ins A2007-3 amdt 3.229
def owner ins 1986 No 23 s 3
reloc from s 2 A2007-3 amdt 3.214
def reviewable decisions ins A2008-37 amdt 1.174
def services ins 1976 No 49 s 4
am 1986 No 23 s 3
sub 1992 No 73 s 4; A2007-3 amdt 3.212
reloc from s 2 A2007-3 amdt 3.214
def supply ins 1982 No 100 s 3
sub 1992 No 73 s 4; A2007-3 amdt 3.213
reloc from s 2 A2007-3 amdt 3.214
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No
Amendments to
Republication date
1 Act 1990 No 44 31 March 1991 2 Act 1992 No 73 1 January 1993 3 Act 1993 No 44 31 January 1994 4 Act 1994 No 97 31 January 1995 5 Act 1995 No 46 30 November 1996 6 Act 2000 No 17 31 July 2000 7 Act 2001 No 44 12 September 2001 8 Act 2001 No 77 14 March 2002 9 Act 2002 No 11 29 May 2002 9 (RI) Act 2002 No 11 ‡ 23 October 2002 10 Act 2002 No 51 1 January 2003 11 A2003-2 31 March 2003 12 A2003-20 3 September 2003 13 * A2003-47 1 November 2003 14 A2004-15 9 April 2004 15 A2006-40 29 September 2006 16 A2007-3 12 April 2007 17 A2007-3 13 April 2008 18 A2008-7 7 May 2008 19 A2008-37 2 February 2009 20 A2009-20 22 September 2009 21 A2010-13 1 April 2010 22 A2010-16 1 July 2010 23 A2010-40 6 October 2010 24 A2010-40 7 October 2010 25 A2010-43 1 December 2010 ‡ includes retrospective amendments by Act 2002 No 11
© Australian Capital Territory 2011
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