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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Fair Trading Amendment (Funeral
Goods and Services) Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Fair Trading Act 1987 No 68 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Fair Trading Amendment (Funeral
Goods and Services) Bill 2007
Act No , 2007
An Act to amend the Fair Trading Act 1987 with respect to the provision to
consumers of information about funeral goods and services; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Fair Trading Amendment (Funeral Goods and Services) Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Fair Trading Amendment (Funeral Goods and Services)
Act 2007.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Fair Trading Act 1987 No 68
The Fair Trading Act 1987 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which this Act
commences.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Fair Trading Amendment (Funeral Goods and Services) Bill 2007
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Part 5F
Insert before Part 6:
Part 5F Funeral goods and services
60Z Provision of information to consumers
(1) The regulations may prescribe an information standard for
funeral goods and services.
(2) The information standard may make provision for or with respect
to requiring information to be provided to a consumer by a
supplier of funeral goods and services in connection with the
supply in trade or commerce of funeral goods or services to the
consumer.
(3) The information standard may include requirements with respect
to the form and manner in which information is to be provided to
a consumer.
(4) This section does not limit section 38 (Prescribing of product
information standards).
(5) In this Part, supply includes proposed and prospective supply and
offer to supply, and supplier has a corresponding meaning.
60ZA Compliance
(1) A person must not, in trade or commerce, in connection with the
supply to a consumer of funeral goods or services fail to comply
with an information standard prescribed under section 60Z.
(2) If a person contravenes subsection (1) in connection with the
supply of funeral goods or services by the person and another
person suffers loss or damage as a result of the contravention, the
person who suffers the loss or damage is deemed, for the
purposes of this Act, to have suffered it by the supplying of the
goods or services.
60ZB Review of Part
(1) The Minister is to review the effectiveness of this Part and any
information standard prescribed under this Part.
(2) The review is to be undertaken as soon as possible after the period
of 3 years from the date of commencement of this Part.
Page 3
Fair Trading Amendment (Funeral Goods and Services) Bill 2007
Schedule 1 Amendments
(3) A report on the outcome of the review is to be tabled in each
House of Parliament within 12 months after the end of the period
of 3 years.
[2] Section 62 Offences against this Act
Insert ", 5F" after "5D" in section 62 (6).
[3] Section 65 Injunctions
Insert ", 5F" after "5E" in section 65 (1) (a).
[4] Section 66 Other injunctions
Insert ", 5F" after "5E" in section 66 (1) (a) (i).
[5] Section 67 Order to disclose information or publish advertisement
Insert ", 5F" after "5E".
[6] Section 68 Actions for damages
Omit "or 5E" from section 68 (1). Insert instead ", 5E or 5F".
[7] Section 69 Finding in proceedings to be evidence
Omit "or 5E". Insert instead ", 5E or 5F".
[8] Section 71 Defences
Insert ", 5F" after ", 5D" in section 71 (1).
[9] Section 72 Other orders
Omit "Part 3, 4, 5, 5B, 5C, 5D or 8" wherever occurring.
Insert instead "Part 3, 4, 5, 5B, 5C, 5D, 5F or 8".
[10] Section 72
Omit "Part 3, 4, 5, 5B, 5C, 5D, 5E or 8" wherever occurring.
Insert instead "Part 3, 4, 5, 5B, 5C, 5D, 5E, 5F or 8".
Page 4
Fair Trading Amendment (Funeral Goods and Services) Bill 2007
Schedule 1 Amendments
[11] Schedule 5 Savings and transitional provisions
Insert after clause 11G:
11H Fair Trading Amendment (Funeral Goods and Services) Act 2007
Part 5F, as inserted by the Fair Trading Amendment (Funeral
Goods and Services) Act 2007, does not apply to a supply of
funeral goods or services as referred to in that Part that occurs
pursuant to an arrangement entered into with a consumer before
an information standard that is relevant to the supply is first
prescribed under that Part.
[12] Schedule 5
Insert at the end of clause 12 (1):
Fair Trading Amendment (Funeral Goods and Services) Act
2007
Page 5
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