Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Fair Trading Act 1987 (the Act) to enable the
regulations to prescribe an information standard to require the provision of
information to consumers about funeral goods and services by providers of those
goods and services.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

Clause 3 is a formal provision giving effect to the amendments to the Fair Trading
Act 1987 set out in Schedule 1.

Clause 4 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendments
Schedule 1 [1] inserts a new Part 5F into the Act comprising the following
provisions:

Proposed section 60Z enables regulations to be made prescribing an information
standard for funeral goods and services. The standard can impose requirements for
the provision of information to consumers about funeral goods and services by the
providers of those goods and services, including requirements as to the form and
manner in which information is to be provided.

Proposed section 60ZA makes it an offence for a person, in connection with a
supply to a consumer of funeral goods or services for which an information standard
is prescribed in accordance with proposed section 60Z, to fail to comply with that
standard. An action for damages under Part 6 of the Act will be available to a person
who has suffered loss or damage because of a supply of goods or services in
contravention of proposed section 60ZA.

Schedule 1 [2]–[10] make consequential amendments to Part 6 (Enforcement and
remedies) of the Act.

Schedule 1 [11] inserts proposed clause 11H into Schedule 5 to the Act. It provides
that the new Part 5F does not apply to a supply of funeral goods or services that
occurs pursuant to an arrangement entered into with a consumer before a relevant
information standard is first prescribed under that Part.

Schedule 1 [12] enables regulations of a savings and transitional nature to be made
consequent on the enactment of the proposed Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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