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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Fair Trading Amendment (Motor
Vehicle Insurance and Repair
Industries) Bill 2006
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, , 2006
New South Wales
Fair Trading Amendment (Motor
Vehicle Insurance and Repair
Industries) Bill 2006
Act No , 2006
An Act to amend the Fair Trading Act 1987 with respect to an industry code of
conduct for the motor vehicle insurance and repair industries; 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.
Chairman of Committees of the Legislative Assembly.
Fair Trading Amendment (Motor Vehicle Insurance and Repair Industries)
Clause 1 Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Fair Trading Amendment (Motor Vehicle Insurance and
Repair Industries) Act 2006.
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(1) This Act is repealed on the day following the day on which this Act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 (Motor Vehicle Insurance and Repair Industries)
Bill 2006
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Part 5E
Insert after Part 5D:
Part 5E Industry code for motor vehicle insurers
and repairers
60V Definitions
In this Part:
applicable industry code of conduct means a code of conduct
declared under section 60X (1).
insurer means an insurer who is in the business of insuring motor
vehicles in respect of property damage and who, in the course of
that business, engages or authorises repairers to repair motor
vehicles.
repairer means a person who is in the business of repairing motor
vehicles that have been damaged.
60W Object of Part
The object of this Part is to provide for fair, timely and
transparent conduct between insurers and repairers so that
consumers with damaged motor vehicles are not unduly
inconvenienced or unfairly treated as a result of the business
practices in, or disputes between, the motor vehicle insurance and
repair industries.
60X Declaration of industry code of conduct in relation to motor
vehicle insurers and repairers
(1) The regulations may declare that a code of conduct specified or
referred to in the regulations is an applicable industry code of
conduct for the purposes of this Part in relation to the conduct of
the business of insurers and repairers.
(2) A regulation that declares a code of conduct under subsection (1)
may:
(a) exclude any class of motor vehicles from the application of
the code, and
(b) exclude any provision of the code that relates to the
voluntary application of that code.
Page 3
Fair Trading Amendment (Motor Vehicle Insurance and Repair Industries)
Bill 2006
Schedule 1 Amendments
(3) The regulations may contain provisions of a savings or
transitional nature consequent on the declaration of an applicable
industry code of conduct.
60Y Compliance with applicable industry code of conduct
(1) An insurer or repairer must, in trade or commerce, comply with
an applicable industry code of conduct.
(2) If an alleged contravention of an applicable industry code of
conduct is the subject of a dispute between an insurer and
repairer, the provisions of Part 6 for enforcement or remedies in
respect of the contravention do not apply unless:
(a) the dispute resolution procedures under the code have been
followed but the dispute has not been resolved, or
(b) the insurer or repairer refuses to take part in those
procedures.
(3) An insurer or repairer may only take action under Part 6 if the
insurer or repairer is not the party refusing to take part in the
dispute resolution procedures under the applicable industry code
of conduct.
(4) The Minister and the Director-General may decline to take action
under Part 6 with respect to an alleged contravention of an
applicable industry code of conduct if they consider that it is not
in the public interest to take that action.
[2] Section 62 Offences against this Act
Omit "other than section 42 or 43" from section 62 (1).
Insert instead "other than section 42, 43 or 60Y".
[3] Section 65 Injunctions
Insert ", 5E" after ", 5D" in section 65 (1) (a).
[4] Section 66 Other injunctions
Insert ", 5E" after ", 5D" in section 66 (1) (a) (i).
[5] Section 67 Order to disclose information or publish advertisement
Insert ", 5E" after ", 5D".
[6] Section 68 Actions for damages
Omit "or 5D" from section 68 (1). Insert instead ", 5D or 5E".
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Fair Trading Amendment (Motor Vehicle Insurance and Repair Industries)
Bill 2006
Amendments Schedule 1
[7] Section 69 Finding in proceedings to be evidence
Omit "or 5D". Insert instead ", 5D or 5E".
[8] Section 72 Other orders
Omit "contravened a provision of Part 3, 4, 5, 5B, 5C, 5D or 8" wherever
occurring from section 72 (1) and (2).
Insert instead "contravened a provision of Part 3, 4, 5, 5B, 5C, 5D, 5E or 8".
[9] Section 72 (3)
Omit "contravention of Part 3, 4, 5, 5B, 5C, 5D or 8".
Insert instead "contravention of Part 3, 4, 5, 5B, 5C, 5D, 5E or 8".
[10] Section 72 (4)
Omit "contravention of a provision of Part 3, 4, 5, 5B, 5C, 5D or 8".
Insert instead "contravention of a provision of Part 3, 4, 5, 5B, 5C, 5D, 5E or
8".
[11] Schedule 5 Savings and transitional provisions
Insert at the end of clause 12 (1):
Fair Trading Amendment (Motor Vehicle Insurance and Repair
Industries) Act 2006
Page 5
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