New South Wales Consolidated Acts

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      (Repealed)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