Untitled document

Fair Trading Amendment and Revocation Regulations 2010

S.R. No. 124/2010

TABLE OF PROVISIONS

Regulation  Page

PART 1—PRELIMINARY

1Objective

2Authorising provision

3Commencement

4Revocation

PART 2—FAIR TRADING REGULATIONS 2009 AMENDED

5Certain regulations revoked

6Schedules and forms revoked

PART 3—FAIR TRADING (RECREATIONAL SERVICES) REGULATIONS 2004 AMENDED

7Regulation 5 amended

8Schedule 2 substituted

SCHEDULE 2—Warning Under the Fair Trading Act 1999

__________________

SCHEDULE—REVOCATIONS

═══════════════

ENDNOTES

STATUTORY RULES 2010

S.R. No. 124/2010

Fair Trading Act 1999

Fair Trading Amendment and Revocation Regulations 2010

The Governor in Council makes the following Regulations:

Dated: 26 October 2010

Responsible Minister:

TONY ROBINSON
Minister for Consumer Affairs

MATTHEW McBEATH

Clerk of the Executive Council

PART 1—PRELIMINARY

1Objective

The objective of these Regulations is to amend and revoke a number of sets of Regulations under the Fair Trading Act 1999 as a consequence of the commencement of the Fair Trading Amendment (Australian Consumer Law) Act 2010.

2Authorising provision

These Regulations are made under section 165 of the Fair Trading Act 1999.

3Commencement

These Regulations come into operation on the day that section 9 of the Fair Trading Amendment (Australian Consumer Law) Act 2010 comes into operation.

4Revocation

The Regulations specified in the Schedule are revoked.

__________________

PART 2—FAIR TRADING REGULATIONS 2009 AMENDED

5Certain regulations revoked

Regulations 1(c) and (d) and 4, 6, 7, 8, 9, 10 and 13 of the Fair Trading Regulations 2009[1] are revoked.

6Schedules and forms revoked

(1)Schedule 1 to the Fair Trading Regulations 2009 is revoked.

(2)In Schedule 2 to the Fair Trading Regulations 2009—

(a)Form 1 is revoked;

(b)omit the line appearing at the end of Form 2.

(3)Schedule 3 to the Fair Trading Regulations 2009 is revoked.

__________________

PART 3—FAIR TRADING (RECREATIONAL SERVICES) REGULATIONS 2004 AMENDED

7Regulation 5 amended

In regulation 5(1) of the Fair Trading (Recreational Services) Regulations 2004[2], for "conditions implied by sections 32J or 32JA of that Act" substitute "the guarantees set out in sections 60 and 61 of the Australian Consumer Law (Victoria)".

8Schedule 2 substituted

For Schedule 2 to the Fair Trading (Recreational Services) Regulations 2004 substitute—

"SCHEDULE 2

WARNING UNDER THE FAIR TRADING ACT 1999

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you—

·are rendered with due care and skill; and

·are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and

·might reasonably be expected to achieve any result you have made known to the supplier.

Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you.  If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part.  Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.".

__________________

SCHEDULE

Regulation 4

REVOCATIONS

S.R. No.	Title
39/2002	Fair Trading (Safety Standard) (Basketball Rings and Backboards) Regulations 2002
95/2002	Fair Trading (Prescribed Safety Standard for Baby Walkers) Regulations 2002
98/2002	Fair Trading (Safety Standard) (Bunk Beds) Regulations 2002
26/2003	Fair Trading (Product Information Standards) (Petrol) Regulations 2003
111/2004	Fair Trading (Safety Standard) (Children's Toys) Regulations 2004
46/2007	Fair Trading (Safety Standard) (Babies' Dummies) Regulations 2007
45/2008	Fair Trading (Safety Standard) (Hot Water Bottles) Regulations 2008
86/2008	Fair Trading (Safety Standard) (Prams and Strollers) Regulations 2008
99/2008	Fair Trading (Safety Standard) (Children's Portable Folding Cots) Regulations 2008
87/2009	Fair Trading (Safety Standard) (Treadmills) Regulations 2009
88/2009	Fair Trading (Safety Standards for Lead and Certain Elements in Children's Toys) Regulations 2009
45/2010	Fair Trading (Information Standard) (Cosmetics) Regulations 2010

═══════════════

ENDNOTES

[1] Reg. 5: S.R. No. 86/2009 as amended by S.R. No. 148/2009.

[2] Reg. 7: S.R. No. 34/2004.