New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 60Y

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.