Australian Capital Territory Consolidated Acts

FAIR TRADING ACT 1992 - SECT 33

    (1)         The commissioner may, with the approval of the Minister, and shall, if the Minister so directs, prepare for consideration by the Minister a draft code of practice for fair dealing—

        (a)     between a particular class of suppliers and consumers; or

        (b)     by a particular class of people in relation to consumers.

    (2)     A draft code of practice may do 1 or more of the following:

        (a)     require an entity to be licensed or registered and prescribe conditions on licences or registration;

        (b)     provide for fees to be imposed or collected in relation to a licensing or registration system established under the code;

        (c)     impose educational and competency requirements on entities licensed or registered, or applying to be licensed or registered, under the code;

        (d)     establish alternative dispute resolution committees and prescribe the functions the committees may exercise.

Note     Entity —see Legislation Act, dict, pt 1.

    (3)     Subsection (2) does not limit what a draft code of practice may do.

    (4)         For the purpose of preparing a draft code of practice, the commissioner must arrange for consultation with, and invite submissions from, the people and organisations that, in the opinion of the commissioner, would have an interest in the terms of the proposed draft code of practice.

    (5)         If the commissioner is satisfied that associated people in a field of trade or commerce have, in consultation with organisations representing consumers and other interested people, agreed to abide by a particular code of practice in their dealings with or in relation to consumers, the commissioner may submit the code to the Minister for consideration together with any recommendations by the commissioner in relation to amendments to the code.