Fair Trading (General) Regulations 1999 (SA)

South Australia

Fair Trading (General) Regulations 1999

under the Fair Trading Act 1987

Contents

1            Short title

4            Interpretation

5            Related Acts

6            Door-to-door trading (Part 3 of Act)

Schedule—Forms

Legislative history

1—Short title

These regulations may be cited as the Fair Trading (General) Regulations 1999.

4—Interpretation

In these regulations—

Act means the Fair Trading Act 1987.

5—Related Acts

For the purposes of paragraph (b) of the definition of related Act in section 3(1) of the Act, each of the following is prescribed as a related Act:

(a1)the Consumer Credit (South Australia) Act 1995;

(a)the Hairdressers Act 1988;

(aa)the Land and Business (Sale and Conveyancing) Act 1994;

(b)Part 41 of the Landlord and Tenant Act 1936;

(ba)the Residential Parks Act 2007;

(c)sections 22, 29, 32 and 34 of the Trade Standards Act 1979.

Note—

1Part 4 of the Landlord and Tenant Act 1936 was repealed by section 81 of the Retail and Commercial Leases Act 1995. However, it continues to apply (subject to modifications prescribed by regulation under the Retail and Commercial Leases Act 1995) to a retail shop lease entered into before the commencement of the Retail and Commercial Leases Act 1995.

6—Door-to-door trading (Part 3 of Act)

1. Pursuant to section 14(3) of the Act, Part 3 of the Act does not apply to a contract of life insurance within the meaning of the Insurance Contracts Act 1984 of the Commonwealth, as in force from time to time.

2. For the purposes of—

   (a)section 17(1)(a)(ii) of the Act—

   (i)building work within the meaning of the Building Work Contractors Act 1995 is work of a prescribed nature; and

   (ii)if the supplier holds a building work contractor's licence under that Act, the particulars required to be set out in full in the prescribed contract relating to such work are—

   (A)the supplier's name as it appears in the licence or the business or trading name under which the supplier carries on business; and

   (B)the supplier's licence number and, where the supplier carries on business as a building work contractor in partnership, the licence number of each partner; and

   (b)section 17(1)(g)(i) of the Act—the prescribed form of the notice is as set out in Form 1 of the Schedule; and

   (c)sections 17(1)(g)(ii) and 23(2)(a) of the Act—the prescribed form of the notice is as set out in Form 2 of the Schedule; and

   (d)section 17(1)(i) of the Act—the printing or typewriting of the prescribed contract and the notices referred to in section 17(1)(g) of the Act must not be smaller than 10-point type.

Schedule—Forms

Legislative history

Notes

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations

The Fair Trading (General) Regulations 1999 were revoked by Sch 2 of the Fair Trading Regulations 2010 on 1.1.2011.

Legislation revoked by principal regulations

The Fair Trading (General) Regulations 1999 revoked the following:

Fair Trading Regulations 1987

Principal regulations and variations

Year	No	Reference	Commencement
1999	169	Gazette 19.8.1999 p934	19.8.1999: r 2
2003	177	Gazette 21.8.2003 p3333	21.8.2003: r 2
2007	61	Gazette 17.5.2007 p2046	17.5.2007: r 2
2007	241	Gazette 18.10.2007 p4002	18.10.2007: r 2

Provisions varied

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
rr 2 and 3	omitted under Legislation Revision and Publication Act 2002	17.5.2007
r 5	varied by 177/2003 r 4	21.8.2003
varied by 61/2007 r 4	17.5.2007
varied by 241/2007 r 4	18.10.2007

Historical versions

21.8.2003

17.5.2007