Fair Trading (Public Warnings) Amendment Act 1990 (NSW)
FAIR TRADING (PUBLIC WARNINGS) AMENDMENT ACT
1990 No. 86
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement3. Amendment of Fair Trading Act 1987 No. 68
SCHEDULE 1—AMENDMENTS
FAIR TRADING (PUBLIC WARNINGS) AMENDMENT
ACT 1990 No. 86
NEW SOUTH WALES
Act No. 86, 1990
An Act to amend the Fair Trading Act 1987 with respect to public warning statements. [Assented to 7 December 1990]
Fair Trading (Public Warnings) Amendment I990
The Legislature of New South Wales enacts:
Short title
l. This Act may be cited as the Fair Trading (Public Warnings)
Amendment Act 1990.
Commencement
2. This Act commences on a day to be appointed by proclamation.
Amendment of Fair Trading Act 1987 No. 68
3. The Fair Trading Act 1987 is amended as set out in Schedule 1.
SCHEDULE l—AMENDMENTS
(Sec. 3)
(1) Section 10 (Exclusion of liability):
(a) In section 10 (l), before “issued”, insert “made or”.
(b)
In section 10 (1) (a), before “the Commissioner”, insert “the Minister,”.
(c) After section 10 (2), insert:
(3) In this section:
“liability” includes liability for defamation.
(2) Section 86A:
After section 86, insert:
Public warning statements86A. (1) The Minister or the Commissioner may make or issue a public statement identifylng and giving warnings or information about any of the following:
(a)
goods that are unsatisfactory or dangerous and persons who supply those goods;
(b)
services supplied in an unsatisfactory manner and persons who supply those services;
(c)
unfair business practices and persons who engage in those practices;
Fair Trading (Public Warnings) Amendment 1990
SCHEDULE 1—AMENDMENTS— continued (d)
any other matter that adversely affects or may adversely affect the interests of persons in connection with the acquisition by them of goods or services from suppliers.
(2) Such a statement can identify particular goods,
services, business practices and persons.
(3) The Minister or the Commissioner is not to make or issue a statement under this section unless satisfied that it is in the public interest to do so.
[Minister's second reading speech made in—
Legislative Assembly on 14 November 1990 Legislative Council on 27 November 1990]
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