Untitled document

Fair Trading (Forms) Regulations 2004

S.R. No. 168/2004

TABLE OF PROVISIONS

Regulation  Page

1.     Objectives

2.     Authorising provision

3.Commencement

4.Revocation of regulation 7(1)

5.Revocation of form of consent to entry, search and seizure

6.Embargo Notice

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ENDNOTES

STATUTORY RULES 2004

S.R. No. 168/2004

Fair Trading Act 1999

Fair Trading (Forms) Regulations 2004

The Governor in Council makes the following Regulations:

Dated: 14 December 2004

Responsible Minister:

JOHN LENDERS
Minister for Consumer Affairs

DIANE CASEY

Clerk of the Executive Council

1.  Objectives

The objectives of these Regulations are to revoke a form, to prescribe a form of embargo notice, and to make consequential amendments to the Fair Trading Regulations 1999.

2.  Authorising provision

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

3.Commencement

These Regulations come into operation on 1 February 2005.

4.Revocation of regulation 7(1)

Regulation 7(1) of the Fair Trading Regulations 1999[1] is revoked.

5.Revocation of form of consent to entry, search and seizure

Form 1 in the Schedule to the Fair Trading Regulations 1999 is revoked.

6.Embargo Notice

For Form 2 in the Schedule to the Fair Trading Regulations 1999 substitute—

"FORM 2

Regulation 7(2)

EMBARGO NOTICE

Fair Trading Act 1999

Section 126

1. The item described below has been embargoed under section 126 of the Fair Trading Act 1999.

2.   Section 126(2) provides that a person who knows that an embargo notice relates to a thing and who—

(a)     sells; or

(b)    leases; or

(c)     without the written consent of the inspector who issued the embargo notice, moves; or

(d)    transfers; or

(e)     otherwise deals with—

the thing or any part of the thing is guilty of an offence and liable to a penalty not exceeding 60 penalty units.

3.   Section 126(3) provides that it is a defence to a prosecution for such an offence to prove that the thing or part of the thing was moved for the purpose of protecting and preserving it.

4.   Section 126(4) provides that despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of that section is void.

Description of embargoed item—

This notice has been—

o  served on (name)

o  affixed to the item described above

Signature of inspector

Name of inspector

Telephone number    Date    Time      ".

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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. No. 110/2004.