Untitled document

Fair Trading (Infringements) Regulations 2005

S.R. No. 23/2005

TABLE OF PROVISIONS

Regulation  Page

1.Objective

2.Authorising provision

3.Commencement

4.Principal Regulations

5.Amendment of objectives

6.Amendment to references to the Schedule

7.New regulation 9 inserted

9.Offences for which infringement notices may be issued

8.Schedule 2 inserted

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ENDNOTES

STATUTORY RULES 2005

S.R. No. 23/2005

Fair Trading Act 1999

Fair Trading (Infringements) Regulations 2005

The Governor in Council makes the following Regulations:

Dated: 3 May 2005

Responsible Minister:

MARSHA THOMSON
Minister for Consumer Affairs

RUTH LEACH

Acting Clerk of the Executive Council

1.Objective

The objective of these Regulations is to amend the Fair Trading Regulations 1999 to specify offences for which an infringement notice may be issued, to prescribe infringement penalties and to make other consequential amendments.

2.Authorising provision

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

3.Commencement

These Regulations come into operation on 6 May 2005.

4.Principal Regulations

In these Regulations, the Fair Trading Regulations 1999[1] are called the Principal Regulations.

5.Amendment of objectives

(1)In regulation 1(b) of the Principal Regulations, for "Act." substitute "Act; and".

(2)After regulation (1)(b) of the Principal Regulations insert—

"(c)to specify offences in respect of which an infringement notice may be issued and to prescribe infringement penalties.".

6.Amendment to references to the Schedule

In regulation 7(2) and (3) of the Principal Regulations, for "the Schedule" substitute "Schedule 1".

7.New regulation 9 inserted

After regulation 8 of the Principal Regulations insert—

"9.Offences for which infringement notices may be issued

(1)For the purposes of section 160A of the Act, an offence against the provision of the Act in column 1 of Schedule 2 is specified as an offence in respect of which an infringement notice may be issued.

(2)The prescribed infringement penalty for an offence by a natural person is expressed in penalty units in column 2 of Schedule 2 set out opposite the offence.

(3)The prescribed infringement penalty for an offence for a body corporate is expressed in penalty units in column 3 of Schedule 2 set out opposite the offence.".

8.Schedule 2 inserted

(1)In the Schedule to the Principal Regulations, for the heading substitute—

"SCHEDULES

SCHEDULE 1".

(2)After Schedule 1 to the Principal Regulations insert—

"__________________

SCHEDULE 2

Column 1	Column 2	Column 3
Offence	Penalty for natural person	Penalty for body corporate
section 29(4)	10 penalty units	20 penalty units
section 38	10 penalty units	25 penalty units
section 44	10 penalty units	25 penalty units
section 53	10 penalty units	25 penalty units
section 67D(6)	10 penalty units	20 penalty units
section 67D(7)	10 penalty units	20 penalty units
section 79	10 penalty units	20 penalty units
section 80	10 penalty units	20 penalty units
section 83(1)	10 penalty units	20 penalty units
section 84	10 penalty units	20 penalty units
section 89(1)	10 penalty units	20 penalty units

".

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ENDNOTES

[1] Reg. 4: S.R. No. 103/1999.  Reprint No. 1 as at 30 August 2004.  Reprinted to S.R. No. 36/2004.  Subsequently amended by S.R. Nos 110/2004 and 168/2004.