New South Wales Consolidated Acts
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FAIR TRADING ACT 1987
- As at 20 June 2008
- Act 68 of 1987
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Extent to which Act binds the Crown
4. Definitions
5. Meaning of “consumer”
5A. Extraterritorial application
PART 2 - ADMINISTRATIVE MATTERS
Division 1 - Director-General and staff
6. Control and direction by Minister
7. (Repealed)
8. Delegation by Director-General
9. Functions of the Director-General
9A. Exchange of information
10. Exclusion of liability
11. Annual report
Division 2 - Legal assistance
11A. Definition of court
12. Making of application for legal assistance
13. Grant of legal assistance
14. Assignment to Australian legal practitioner of case of assisted person
15. Court proceedings to which assisted person is a party
16. Costs and expenses etc relating to proceedings to which assisted person is a party
17. Privilege attaching to certain relationships
Division 3 - Investigators
18. Office and identification of investigator
19. Powers of entry
19A. Powers of search and seizure under search warrant
20. Power to obtain information, documents and evidence
21. Inspection of documents by Director-General and others
22. Preservation of secrecy
23. Obstruction etc of officers
Division 3A - Substantiation of claims and representations
23A. Power to require proof of claims and representations
23B. Implied representation that goods or services will be able to be supplied at advertised price
23C. Offences in relation to failing to provide proof of claim or representation
23D. Self incrimination
23E. Division does not prevent other action being taken
23F. Certain publishers not affected
23G. Transitional
Division 4 - Products Safety Committee and advisory committees
24. Products Safety Committee
25. Advisory committees
Division 5 - Fair Trading Advisory Council
25A. Establishment
25B. Membership
25C. Functions
Division 6 - Motor Vehicle Industry Advisory Council
25D. Establishment
25E. Membership
25F. Functions
Division 7 - Property Services Advisory Council
25G. Establishment
25H. Membership
25I. Functions
Division 8 - (Repealed)
None
Division 9 - Retirement Villages Advisory Council
25M. Establishment
25N. Membership
25O. Functions
PART 3 - SAFE DESIGN AND CONSTRUCTION OF GOODS
Division 1 - Safety standards
26. Safety standards
27. Prohibition on supply of goods not complying with safety standards
Division 2 - Prohibition or restriction on supply of dangerous goods
28. Reference of certain questions to Products Safety Committee
29. Attendance of witnesses and production of documents
30. Interim order prohibiting or restricting the supply of goods
31. Order (other than interim order) prohibiting or restricting the supply of goods
32. Offence to contravene certain orders
33. (Repealed)
Division 3 - Product recall etc
34. Definitions
35. Recall orders by Director-General
36. Review of recall orders
36A. Reduction of refund in certain circumstances
36B. Undertaking to repair or replace goods
36C. Compliance with recall order
36D. Notification of voluntary recall
36E. Requirement to notify recall of goods to persons outside New South Wales
36F. Certain amounts recoverable as debt or damages
37. Certain action not to affect insurance contracts
PART 4 - CONSUMER PROTECTION
Division 1 - Product information
38. Prescribing of product information standards
39. Compliance with product information standard
Division 2 - Dual pricing
40. Dual pricing
Division 3 - Direct commerce
40A. Definitions
40B. Meaning of “direct commerce contract”
40C. Prohibition of certain contractual terms
40D. Consumer must be informed of right to cancel direct commerce contract
40E. Right of consumer to cancel direct commerce contract during cooling-off period
40F. Consequences of cancellation of direct commerce contract
40G. Waiver of rights
40H. Fees for services during cooling-off period prohibited
40I. Prohibited hours for direct commerce
40J. Other requirements in relation to dealers
40K. Prohibition of certain actions
Division 4 - Conditions and warranties in consumer transactions
40L. Interpretation and application
40M. Application of provisions not to be excluded or modified
40N. Rescission of contracts
40O. Implied undertakings as to title, encumbrances and quiet possession
40P. Supply by description
40Q. Implied undertakings as to quality or fitness
40R. Supply by sample
40S. Warranties in relation to supply of services
Division 5 - Actions against manufacturers and importers of goods
40T. Interpretation
40U. Actions in respect of unsuitable goods
40V. Actions in respect of false descriptions
40W. Actions in respect of goods of unmerchantable quality
40X. Actions in respect of non-correspondence with samples etc
40Y. Actions in respect of failure to provide facilities for repairs or parts
40Z. Actions in respect of non-compliance with express warranty
40ZA. Right to recover against manufacturer or importer
40ZB. Time for commencing actions
40ZC. Application of Division not to be excluded or modified
PART 5 - FAIR TRADING
41. Interpretation
42. Misleading or deceptive conduct
43. Unconscionable conduct
44. False representations
44A. Country of origin representations
45. False representations and other misleading or offensive conduct in relation to land
46. Misleading conduct in relation to employment
47. Cash price to be stated in certain circumstances
48. Offering gifts and prizes
49. Certain misleading conduct in relation to goods
50. Certain misleading conduct in relation to services
51. Bait advertising
51A. Prohibition on mock auctions
52. Referral selling
53. Accepting payment without intending or being able to supply as ordered
54. Misleading statements about certain business activities
55. Harassment and coercion
56. (Repealed)
57. Unsolicited credit and debit cards
58. Assertion of right to payment for unsolicited goods or services, or for making entry in directory
58A. Assertion of right to payment for unauthorised advertisements
59. Liability of recipient of unsolicited goods
60. Application of certain provisions to prescribed information providers
PART 5A - TRADING STAMP SCHEMES AND SIMILAR SCHEMES
60A. Definitions
60B. Unlawful trading stamp schemes
60C. Other unlawful schemes
60D. Offences
PART 5B - LAY-BY SALES
60E. Meaning of “lay-by”
60F. Consumer must be given written statement of lay-by terms
60G. Consumer can cancel lay-by
60H. Supplier can cancel if consumer breaches lay-by term
60I. What happens when a lay-by is cancelled
60J. Supplier’s only remedies are those provided by this Part
60K. Supplier cannot demand early payment
60L. Cancellation charge cannot exceed a reasonable amount
60M. Contracting out etc prohibited
60N. Other rights of consumer not affected
60O. Other laws not affected
PART 5C - EMPLOYMENT PLACEMENT SERVICES
60P. Interpretation
60Q. Certain fees and charges prohibited in connection with employment placement services
60R. Information standards
PART 5D - PYRAMID SELLING
60S. Definitions
60T. Meaning of “pyramid selling scheme”
60U. Prohibition on participating in pyramid selling scheme
PART 5E - INDUSTRY CODE FOR MOTOR VEHICLE INSURERS AND REPAIRERS
60V. Definitions
60W. Object of Part
60X. Declaration of industry code of conduct in relation to motor vehicle insurers and repairers
60Y. Compliance with applicable industry code of conduct
PART 5F - FUNERAL GOODS AND SERVICES
60Z. Provision of information to consumers
60ZA. Compliance
60ZB. Review of Part
PART 6 - ENFORCEMENT AND REMEDIES
61. Interpretation
62. Offences against this Act
63. Disposal of proceedings for offences
63A. Compensation orders by Local Court on conviction of person
64. Penalty notices for certain offences
64A. Suspension of licences
65. Injunctions
66. Other injunctions
66A. Show cause action may be taken by Director-General
66B. Trading prohibition orders
67. Order to disclose information or publish advertisement
68. Actions for damages
68A. Remedy for supply of goods in contravention of certain provisions
69. Finding in proceedings to be evidence
70. Conduct by directors, servants or agents
71. Defences
72. Other orders
73. Power of Supreme Court to prohibit payment or transfer of money or other property
73A. Enforcement of undertakings
PART 7 - (Repealed)
None
PART 8 - GENERAL
Division 1 - Evidence
80. Evidence as to publication
81. Allegation as to consumer
82. Certificate of analyst
83. Evidence of standards etc
84. Evidence as to certain matters
85. Permission, consent or approval of Minister
Division 2 - Miscellaneous
86. Intervention by Minister
86A. Public warning statements
87. Publication of certain statements prohibited
88. Service of notices etc
89. Saving of rights and remedies
90. Repeals
91. Savings and transitional provisions
92. Regulations
93. Disposal of property
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 4A
SCHEDULE 5
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