Fair Trading (Pre-paid Funerals Code of Practice) Variation Regulations 2012 (SA)

South Australia

Fair Trading (Pre-paid Funerals Code of Practice) Variation Regulations 2012

under the Fair Trading Act 1987

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Fair Trading (Pre-paid Funerals Code of Practice) Regulations 2011

4            Variation of regulation 1—Short title

5            Substitution of regulations 2 and 3

2            Interpretation

2A          Prescription of code

3            Contravention of code subject to civil penalty

6            Substitution of heading to Schedule 1

7           Variation of Schedule 1—Pre‑paid Funerals Industry Code

Part 1—Preliminary

1—Short title

These regulations may be cited as the Fair Trading (Pre-paid Funerals Code of Practice) Variation Regulations 2012.

2—Commencement

These regulations will come into operation on the day on which Schedule 1 of the Small Business Commissioner Act 2011 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Fair Trading (Pre-paid Funerals Code of Practice) Regulations 2011

4—Variation of regulation 1—Short title

Regulation 1—delete "Code of Practice" and substitute:

Industry Code

5—Substitution of regulations 2 and 3

Regulations 2 and 3—delete the regulations and substitute:

2—Interpretation

In these regulations—

Act means the Fair Trading Act 1987;

civil penalty contravention has the same meaning as in Part 7 Division 3A of the Act;

code means the Pre‑paid Funerals Industry Code 2011 set out in Schedule 1.

2A—Prescription of code

(1)The code is prescribed as an industry code for the purposes of Part 3A of the Act.

(2)The Commissioner for Consumer Affairs is responsible for the administration of the code.

Note—

Under clause 37(2) of Schedule 1 of the Small Business Commissioner Act 2011, the code is taken to have been prescribed as an industry code.

3—Contravention of code subject to civil penalty

(1)A contravention of section 28E of the Act constituted of a contravention of the code is to be subject to a civil penalty under Part 7 Division 3A of the Act.

(2)The expiation fee for an alleged civil penalty contravention involving an alleged contravention or attempted contravention of the code (other than an alleged contravention or attempted contravention of clause 3(2) of the code) is $500.

6—Substitution of heading to Schedule 1

Heading to Schedule 1—delete the heading and substitute:

Schedule 1—Pre‑paid Funerals Industry Code

7—Variation of Schedule 1—Pre‑paid Funerals Industry Code

Schedule 1 clause 1—delete "Fair Trading (Pre‑paid Funerals) Code of Practice 2011" and substitute:

Pre‑paid Funerals Industry Code 2011

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 15 March 2012

No 15 of 2012

MCA0004/12CS