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FAIR TRADING ACT 1987 - SCHEDULE 5

FAIR TRADING ACT 1987 - SCHEDULE 5

SCHEDULE 5 – Savings and transitional provisions

(Section 91)

Part 1 - Preliminary

1A Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--
this Act
Fair Trading (Lay-by) Amendment Act 1993
Fair Trading Amendment Act 1995
Fair Trading Legislation Amendment Act 1997
Fair Trading Amendment (Employment Placement Services) Act 2002
Fair Trading Amendment Act 2003
Fair Trading Amendment Act 2004
Fair Trading Amendment Act 2006 (but only to the extent that it amends this Act)
Fair Trading Amendment (Motor Vehicle Insurance and Repair Industries) Act 2006
Fair Trading Amendment (Funeral Goods and Services) Act 2007
Fair Trading Amendment (Unfair Contract Terms) Act 2010
Fair Trading Amendment (Australian Consumer Law) Act 2010
Fair Trading Legislation (Repeal and Amendment) Act 2015
any other Act that amends this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as--
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(4) For the avoidance of doubt, any provision of the regulations made for the purposes of this clause may, if the regulations so provide, have effect despite any specified provision of this Act (including a provision of this Schedule).

Part 2 - Provisions consequent on enactment of this Act

1 Interpretation

In this Schedule--


"appointed day" means the day appointed and notified under section 2 (2).


"repealed Act" means the Consumer Protection Act 1969 as in force immediately before the appointed day.

2 Commissioner for Consumer Affairs

The person who, immediately before the appointed day, held office under the Public Service Act 1979 as Commissioner for Consumer Affairs continues on and after the appointed day to hold that office subject to that Act and to the terms and conditions applicable immediately before that day in relation to the office.

3 Delegation

A delegation in force immediately before the appointed day under section 15A of the repealed Act continues in force on and after that day as if it were a delegation under section 8 of this Act.

4 Investigating officers and inspectors

(1) For the purposes of this Act, an investigating officer or inspector holding office under the repealed Act immediately before the appointed day shall be deemed to have been appointed as an investigator by order of the Minister under this Act.
(2) If the repealed Act had continued in force on and after the appointed day and an investigating officer or inspector holding office under that Act could have exercised a function in relation to a matter arising under it, an investigator may act in relation to the matter as if it had arisen under this Act.

5 Products Safety Committee

Where, immediately before the appointed day, a person held office--

(a) as Chairperson of the Products Safety Committee under the repealed Act, or
(b) as a member (not being the Chairperson) of that Committee,
the person continues on and after that day as Chairperson or member of the Products Safety Committee under and subject to this Act on the terms and conditions on which the office was held immediately before that day.

6 Enforcement of certain convictions or orders

Section 57A of the repealed Act as in force at the time of a conviction or order before the appointed day under that Act or any other Act administered by the Minister continues on and after the appointed day to apply in relation to the conviction or order as if this Act had not been enacted and, for that purpose, that section shall be deemed to have operated as if such a conviction or order made by the District Court under section 125 (1) of the Justices Act 1902 had been made by a court of petty sessions or Local Court at the place at which it was made by the District Court.

7 Regulations etc under repealed Act

(1) Where a regulation or order in force under the repealed Act immediately before the appointed day could have been made under this Act if this Act had been in force at the time the regulation or order was made, the regulation or order continues in force on and after the appointed day as if it had been made under this Act and may be revoked or varied by a regulation or order made under this Act.
(2) A regulation or order continued in force by subsection (1) shall be construed as if a reference in the regulation or order to a provision of the repealed Act were a reference to the corresponding provision of this Act.

8 Effect of Interpretation Act 1897

Section 91 and this Schedule have effect in addition to, and do not derogate from, the operation of section 8 of the Interpretation Act 1897 or section 30 of the Interpretation Act 1987 .

9 References to repealed Acts

A reference in any other Act or instrument to the repealed Act or any other Act repealed by this Act shall be read as a reference to this Act.

10 General

(1) Where anything done or commenced under the repealed Act before the appointed day and still having effect or not completed immediately before that day could have been done or commenced under this Act if it had been in force at the time the thing was done or commenced, the thing done continues to have effect, or the thing commenced may be completed, as if it had been done or commenced under this Act.
(2) Subclause (1) does not apply to anything in relation to which other provision is made by this Schedule.

11 Interpretation Act 1987

A reference in a provision of this Act to sections 40 and 41 of the Interpretation Act 1987 shall, until the commencement of that Act, be read as a reference to section 41 of the Interpretation Act 1897 and a reference in the provision to a statutory rule shall be read as a reference to a regulation.

Part 3 - Provisions consequent on enactment of certain other Acts

11A Fair Trading (Lay-by) Amendment Act 1993

Part 5B (Lay-by Sales) of this Act does not apply to a lay-by sale within the meaning of the Lay-by Sales Act 1943 made before the repeal of that Act and that Act continues to apply to the sale as if it had not been repealed.

11B Fair Trading Amendment Act 1995

(1) A person may make an application under section 12, and the Commissioner may grant an application under section 13, as amended by the Fair Trading Amendment Act 1995 , in relation to acts, matters or things arising, and legal proceedings commenced but not completed, before the commencement of that Act.
(2) However, a person may not apply for, and the Commissioner may not grant, legal assistance in relation to any such act, matter or thing or proceedings if the Commissioner has previously refused to grant the legal assistance.

11C Fair Trading Legislation Amendment Act 1997

(1) In this clause,
"amending Act" means the Fair Trading Legislation Amendment Act 1997 .
(2) The Property Services Council, Home Building Advisory Council and Motor Dealers Council are abolished on the commencement of the provisions of the amending Act repealing the provisions that respectively constitute them.
(3) A person ceases to hold office as member or Chairperson of such a council on the abolition of the council concerned. The person is not entitled to be paid any remuneration or compensation by reason of ceasing to hold any such office.
(4) The Property Services Council Statutory Interest Account is to be closed on the establishment of the Property Services Statutory Interest Account under the Property, Stock and Business Agents Act 1941 , as amended by the amending Act.
(5) The Property Services Council Compensation Fund is to be closed on the establishment of the Property Services Compensation Fund under the Property, Stock and Business Agents Act 1941 , as amended by the amending Act.
(6) The Property Services Council Administration Account is to be closed by the Director-General on the repeal by the amending Act of section 25 of the Property, Stock and Business Agents Act 1941 , and the amount standing to its credit is to be paid to the Department of Fair Trading Operating Account.
(7) Section 64C of the Property, Stock and Business Agents Act 1941 , as inserted by the amending Act, extends to claims, expenses and costs incurred in connection with the Property Services Council Compensation Fund before the commencement of that section.

11D Fair Trading Amendment Act 2003

(1) In this clause,
"amending Act" means the Fair Trading Amendment Act 2003 .
(2) The amendments made to sections 23A and 23C by the amending Act do not apply to or in respect of a notice served on a person under section 23A before the commencement of those amendments, and sections 23A and 23C (as in force immediately before that commencement) apply in relation to a person on whom such a notice has been served as if those amendments had not been made.
(3) Division 3 of Part 3, as amended by the amending Act, does not apply to or in respect of an order made under section 34 (as in force immediately before the commencement of the amendments to that Division), and the provisions of that Division (as in force immediately before that commencement) apply to any such order as if those amendments had not been made.
(4) Division 3 of Part 4, as inserted by the amending Act, does not apply to or in respect of a credit purchase agreement (within the meaning of the Door-to-Door Sales Act 1967 ) made before the repeal of that Act by the amending Act, and the repealed Act continues to apply to any such agreement as if the repealed Act had not been repealed.
(5) Section 66A, as inserted by the amending Act, extends to unlawful conduct occurring before the commencement of that section.
(6) Section 68 (2), as amended by the amending Act, does not apply to a cause of action accruing before the commencement of the amendment to that subsection.
(7) Section 68 (2), as in force immediately before the commencement of the amendment to that section by the amending Act, continues to apply to or in respect of a cause of action accruing before that commencement as if the amendment had not been made.

11E Fair Trading Amendment Act 2004

(1) In this clause,
"amending Act" means the Fair Trading Amendment Act 2004 .
(2) Part 5D, as inserted by the amending Act, applies only to conduct engaged in after the commencement of that Part.
(3) Section 71 (1) (a), as substituted by the amending Act, applies only in relation to a contravention that occurs after the commencement of that amendment.

11F Home Building Amendment Act 2004

(1) In this clause,
"amending Act" means the Home Building Amendment Act 2004 .
(2) A person ceases to hold office as a member or Chairperson of the Home Building Advisory Council constituted under this Act on the repeal of Division 8 of Part 2 by the amending Act. The person is not entitled to any remuneration or compensation by reason of ceasing to hold any such office.

11G Fair Trading Amendment Act 2006

(1) A person who, immediately before the commencement of Schedule 1 [10[#93] to the Fair Trading Amendment Act 2006 , held office as a member of the Motor Trade Advisory Council ceases to hold office on that commencement.
(2) A person who ceases to hold office because of this clause is not entitled to any remuneration or compensation because of so ceasing to hold office.
(3) A reference in any Act (other than this Act) or in any instrument made under any Act to the Motor Trade Advisory Council is to be read as a reference to the Motor Vehicle Industry Advisory Council established under this Act.

11H Fair Trading Amendment (Funeral Goods and Services) Act 2007

Part 5F, as inserted by the Fair Trading Amendment (Funeral Goods and Services) Act 2007 , does not apply to a supply of funeral goods or services as referred to in that Part that occurs pursuant to an arrangement entered into with a consumer before an information standard that is relevant to the supply is first prescribed under that Part.

11I Fair Trading Amendment (Unfair Contract Terms) Act 2010

(1) Part 5G (as inserted by the Fair Trading Amendment (Unfair Contract Terms) Act 2010 ) applies to a contract entered into on or after the day on which that Part commences (
"the commencement day" ) but before the day on which that Part is repealed by the Fair Trading Amendment (Australian Consumer Law) Act 2010 .
(2) Except as provided by subclauses (3)-(5), Part 5G does not apply to a contract entered into before the commencement day.
(3) If a contract is renewed on or after the commencement day but before the day on which Part 5G is repealed by the Fair Trading Amendment (Australian Consumer Law) Act 2010 , Part 5G applies to the contract as renewed, on and from the day (
"the renewal day" ) on which the renewal takes effect, in relation to conduct that occurs on or after the renewal day.
(4) If a term of the contract is varied on or after the commencement day but before the day on which Part 5G is repealed by the Fair Trading Amendment (Australian Consumer Law) Act 2010 and subclause (3) has not already applied in relation to the contract, Part 5G applies to the term as varied, on and from the day (
"the variation day" ) on which the variation takes effect, in relation to conduct that occurs on or after the variation day but before the day on which Part 5G is repealed by the Fair Trading Amendment (Australian Consumer Law) Act 2010 .
(5) If subclause (4) applies to a term of a contract, sections 60ZD (2) and 60ZH (as inserted by the Fair Trading Amendment (Unfair Contract Terms) Act 2010 ) apply to the contract.

11J Personal Property Securities Legislation Amendment Act 2010

Section 9A (as amended by the Personal Property Securities Legislation Amendment Act 2010 ) extends to information obtained before the commencement of the amendments to that section.

Part 4 - Provisions consequent on enactment of Fair Trading Amendment (Australian Consumer Law) Act 2010

12 Definitions

In this Part--


"amending Act" means the Fair Trading Amendment (Australian Consumer Law) Act 2010 .


"commencement of the ACL" means 1 January 2011.

13 References to Trade Practices Act 1974 of the Commonwealth

On and from the commencement of item 2 of Schedule 5 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 of the Commonwealth, a reference in any Act or instrument (other than this Schedule) to the Trade Practices Act 1974 of the Commonwealth is to be read as a reference to the Competition and Consumer Act 2010 of the Commonwealth.

14 Products Safety Committee and advisory councils

(1) Any question that was referred to the Products Safety Committee under section 28 before its amendment by the amending Act, and in respect of which a report or recommendation had not been made by the Committee before that amendment, may continue to be dealt with by the Committee as if it were a question referred under that section as so amended.
(2) A renumbering of any provision by the amending Act does not affect the establishment of any advisory council or the membership of any advisory council or any other matter relating to an advisory council.

15 Product bans

(1) An interim order made under section 30 before its repeal and re-enactment by the amending Act, and still in force immediately before that repeal, is taken to be an interim ban made under section 109 of the ACL.
(2) A reference in section 111 (1) (a) of the ACL to the start day is taken, in relation to an interim order referred to in subclause (1), to be a reference to the day on which the order was published in the Gazette or, if the order was not published in the Gazette, the day on which it was given to the supplier concerned.
(3) Any order made under section 31, and in force immediately before the repeal of that section by the amending Act, is revoked on that repeal.

16 Conduct and other matters occurring or arising before commencement of ACL

(1) Subject to the other provisions of this Part and the regulations, this Act, as in force before the commencement of the ACL, continues to apply to--
(a) acts or omissions that occurred before that commencement, and
(b) direct commerce contracts (within the meaning of Division 3 of Part 4 before its repeal by the amending Act) entered into before that commencement, and
(c) other contracts entered into before that commencement, and
(d) a lay-by (within the meaning of section 60E before its repeal by the amending Act) entered into before that commencement.
(2) Section 101 of the ACL does not apply in relation to services to the extent that they were supplied before the commencement of the ACL.
(3) The reference in section 224 (2) (c) of the ACL to proceedings under Chapter 4 or Part 5-2 includes a reference to proceedings commenced before the commencement of the ACL--
(a) under or in relation to Part VC or VI of the Trade Practices Act 1974 of the Commonwealth, or
(b) under Part 6 of this Act.

17 Unfair contract terms

(1) Part 2-3 of the ACL applies to a contract entered into on or after the commencement of the ACL.
(2) Except as provided by subclauses (3)-(5), Part 2-3 of the ACL does not apply to a contract entered into before the commencement of the ACL.
(3) If a contract is renewed on or after the commencement of the ACL, Part 2-3 of the ACL applies to the contract as renewed, on and from the day (
"the renewal day" ) on which the renewal takes effect, in relation to conduct that occurs on or after the renewal day.
(4) If a term of the contract is varied on or after the commencement of the ACL and subclause (3) has not already applied in relation to the contract, Part 2-3 applies to the term as varied, on and from the day (
"the variation day" ) on which the variation takes effect, in relation to conduct that occurs on or after the variation day.
(5) If subclause (4) applies to a term of a contract, sections 23 (2) and 27 of the ACL apply to the contract.

18 Product information standards

(1) Despite the repeal of section 38 by the amending Act, the regulations made under that section, and in force immediately before that repeal, continue in force and may be amended and repealed as if that section also continued in force.
(2) Despite the repeal of section 39 by the amending Act, that section as in force before its repeal is taken to continue in force in relation to a product information standard prescribed by regulations referred to in subclause (1).

Part 5 - Provisions consequent on enactment of Travel Agents Repeal Act 2014

19 Definition

(1) In this Part,
"compensation scheme" means the scheme for compensating persons who suffer a pecuniary loss by reason of an act or omission by a person who carries on, or carried on, business as a travel agent prescribed under section 57 of the Travel Agents Act 1986 immediately before the repeal of that Act (and as subsequently amended in accordance with that scheme).
Note : A copy of the compensation scheme trust deed can be found on the website of the Travel Compensation Fund at www.tcf.org.au.
(2) Expressions used in this Part have the same meanings as in the Travel Agents Act 1986 immediately before the repeal of that Act.

20 No compensation payable by State

(1) Compensation is not payable by or on behalf of the State because of the enactment or operation of the Travel Agents Repeal Act 2014 , or for any consequence of that enactment or operation.
(2) In this clause--


"compensation" includes damages or any other form of monetary compensation.


"the State" means the Crown within the meaning of the Crown Proceedings Act 1988 , and includes a public sector agency of the State and an officer, employee or agent of the Crown or a public sector agency of the State.

21 Administrative reviews by Tribunal

Division 4 of Part 2 of the Travel Agents Act 1986 , despite the repeal of that Act, continues to apply to and in respect of a decision made before that repeal.

22 Certain appeals rights continue

Without limiting section 30 of the Interpretation Act 1987 , and despite the repeal of the Travel Agents Act 1986 , a right of appeal to the Tribunal continues to apply with respect to appeals against decisions of the administrators of the compensation scheme, and with respect to the determining of any such appeal, in accordance with the compensation scheme.

23 Certain rights of compensation scheme trustees to continue

(1) Section 40 (Compensation scheme trustees to have certain rights by subrogation and otherwise) of the Travel Agents Act 1986 , despite the repeal of that Act, continues to apply to and in respect of a payment made to a claimant under the compensation scheme whether the payment was made, or the act or omission concerned occurred, before or after that repeal.
(2) Section 52 (Legal action by compensation scheme trustees) of the Travel Agents Act 1986 , despite the repeal of that Act, continues to apply.

24 Offences under Travel Agents Act 1986

Section 49 of the Travel Agents Act 1986 and clause 12 of the Travel Agents Regulation 2011 , despite the repeal of that Act and that Regulation, continue to apply to and in respect of any act or omission occurring before that repeal.

25 Continuation of disqualification

(1) A person who was disqualified under section 21 of the Travel Agents Act 1986 from holding a licence or from being involved in the direction, management or conduct of business as a travel agent immediately before the repeal of that Act, must not engage in any conduct that would have been a contravention of that disqualification during the period for which they were so disqualified.
: Maximum penalty--50 penalty units.
(2) Section 4 of the Travel Agents Act 1986 and clauses 4 and 5 of the Travel Agents Regulation 2011 , despite the repeal of that Act and that Regulation, continue to apply for the purposes of this clause.

26 Part ceases to have effect

This Part ceases to have effect on and from a day to be appointed by proclamation.

27 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the Travel Agents Repeal Act 2014 .
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to that Act or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as--
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 6 - Provisions consequent on enactment of Fair Trading Legislation (Repeal and Amendment) Act 2015

Division 1 - Provisions consequent on repeal and re-enactment of Consumer Claims Act 1998

28 Definition of "former Act"

In this Division--


"former Act" means the Consumer Claims Act 1998 .

29 Jurisdiction of Tribunal in relation to pre-existing consumer claims

(1) Part 6A of this Act extends to a consumer claim arising before the commencement of that Part (except as provided by subclause (2)).
(2) The former Act continues to apply in relation to a consumer claim the subject of an application made under section 6 of the former Act that is not finally determined.
(3) For the purposes of this clause, an application is not finally determined if--
(a) any period for bringing an appeal as of right against a decision in respect of the claim the subject of the application has not expired (ignoring any period that may be available by way of extension of time to appeal), or
(b) any appeal against the decision is pending (whether or not it is an appeal brought as of right).

30 Exclusion from definition of "services"

Section 79F (2) (b) does not apply in relation to a consumer claim the subject of an application made under section 6 of the former Act before the commencement of that paragraph.

31 Matters reported to President of Tribunal or to Minister

(1) A reference in section 79W to the hearing or determination of a consumer claim includes a reference to the hearing or determination of a consumer claim under the former Act.
(2) A reference in section 79W to a report given to the Secretary under that section includes a reference to a report given to the Secretary under section 15 (3) of the former Act.

32 Unsatisfactory suppliers list

(1) A list compiled under section 16 of the former Act is taken (as it stood immediately before the repeal of that section) to form part of any list compiled for the purposes of section 79X of this Act.
(2) A reference in section 79X (2) (a) of this Act to a report made under Division 4 of Part 6A includes a reference to a report made under section 15 of the former Act.
(3) A reference in section 79X (2) (b) or (c) of this Act to an order made under Part 6A includes a reference to an order made under the former Act.

33 Qualified privilege in proceedings for defamation

Despite the repeal of the former Act, the Secretary continues, because of the operation of section 30 of the Interpretation Act 1987 , to have qualified privilege in proceedings for defamation arising out of--

(a) a communication made under section 15 of the former Act, or
(b) a publication made in accordance with section 16 (5) of the former Act.

Division 2 - Provisions consequent on repeal of Fitness Services (Pre-paid Fees) Act 2000

34 Definitions

In this Division--


"former Act" means the Fitness Services (Pre-paid Fees) Act 2000 , as in force immediately before the repeal day.


"relevant fitness service agreement" means a fitness service agreement entered into before the repeal day and in force immediately before that day.


"repeal day" means the day on which the Fitness Services (Pre-paid Fees) Act 2000 is repealed by the Fair Trading Legislation (Repeal and Amendment) Act 2015 .

35 Refund of pre-paid fee if service not provided within 3 months

Section 10 (2) and (5) of the former Act continue to apply in relation to a fee accepted before the repeal day in the same way as those provisions would have applied if the former Act had continued in force.

36 Termination of fitness service agreement if service not commenced within 3 months

Section 10 (3) of the former Act continues to apply in relation to a relevant fitness service agreement in the same way as that provision would have applied if the former Act had continued in force.

37 Civil consequences of contravention

Section 17 of the former Act continues to apply in relation to a pre-paid fee accepted or received in contravention of section 10 (2) of the former Act (as continued by this Division), or under a relevant fitness service agreement terminated by the operation of section 10 (3) of the former Act (as continued by this Division), in the same way as that provision would have applied if the former Act had continued in force.

38 Pre-paid fees required to be held in trust account before service commenced

Section 11 of the former Act and the regulations made under that section (as in force immediately before the repeal day) continue to apply in relation to money received before the repeal day for a pre-paid fee for the provision of a fitness service under a fitness service agreement.

39 Injunctions may be granted by Supreme Court

Despite the repeal of section 79 (1) (a) (ii) of this Act and the repeal of the former Act, section 79 continues to apply in relation to conduct that constitutes or would constitute--

(a) a contravention of section 10 (2) or 11 of the former Act (as continued by this Division), or
(b) attempting to contravene that provision, or
(c) aiding, abetting, counselling or procuring a person to contravene that provision, or
(d) inducing, or attempting to induce, whether by threats or promises or otherwise, a person to contravene that provision, or
(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of that provision, or
(f) conspiring with others to contravene that provision.

40 Penalty notices

Section 16 of the former Act and the regulations made under that section continue to apply in relation to an alleged offence against section 10 (2) or 11 (7) of the former Act (as continued by this Division).

41 Operation of Interpretation Act 1987

For the avoidance of doubt, nothing in this Division limits the operation of section 30 of the Interpretation Act 1987 in relation to the repeal of the following--

(a) the former Act,
(b) section 79 (1) (a) (ii) of this Act.

Part 7 - Provisions consequent on repeal of Valuers Act 2003 by Regulatory Reform and Other Legislative Repeals Act 2015

42 Definition of "relevant valuer"

In this Part--


"relevant valuer" means a person who was registered under the Valuers Act 2003 as a valuer immediately before the repeal of that Act.

43 References to qualified valuers

(1) Subject to the regulations, a reference in any Act or regulation to a qualified valuer is taken to include a reference to a relevant valuer.
(2) Subclause (1) does not apply in relation to a person to whom an order that is in force under this clause applies.
(3) The Secretary may, by order published in the Gazette, direct that a person who is a relevant valuer is not to be taken to be a qualified valuer under this clause if the Secretary is satisfied that--
(a) the person is a disqualified person (within the meaning of the Valuers Act 2003 , as in force immediately before the repeal of that Act), or
(b) the person was not eligible to be registered and was registered by mistake or as a result of any false representation concerning the person's age or qualifications for registration, or
(c) any circumstances prescribed by the regulations apply in relation to the person.
(4) The Secretary may, by notice published in the Gazette, revoke an order under this clause.

44 Conditions and undertakings to continue

(1) A relevant valuer must not practise as a valuer in contravention of any restriction on the valuer's practice as a valuer that was in force under the Valuers Act 2003 immediately before the repeal of that Act.
: Maximum penalty--100 penalty units.
(2) A reference in this clause to a restriction on a valuer's practice is a reference to--
(a) a condition imposed under section 11 of the Valuers Act 2003 on the valuer's registration, or
(b) a written undertaking from the valuer accepted by the Secretary under section 18 of that Act.
(3) The regulations may exempt any of the following from the application of this clause--
(a) a relevant valuer or any class of relevant valuers,
(b) a condition or any class of conditions,
(c) a written undertaking or any class of written undertakings.

45 Expiry of clauses 43 and 44

Clauses 43 and 44 cease to have effect 3 years after the day on which the Valuers Act 2003 is repealed.

46 No compensation by State

(1) Compensation is not payable by or on behalf of the State because of the repeal of the Valuers Act 2003 by the Regulatory Reform and Other Legislative Repeals Act 2015 , or the enactment or operation of Schedule 1 to the Regulatory Reform and Other Legislative Repeals Act 2015 , or for any consequence of that repeal, enactment or operation.
(2) This clause does not prevent the regulations making provision for or with respect to the refund of any application fees paid under the Valuers Act 2003 before the repeal of that Act.
(3) In this clause--


"compensation" includes damages or any other form of monetary compensation.


"the State" means the Crown within the meaning of the Crown Proceedings Act 1988 , and includes any employee or agent of the Crown.

Part 8 - Provision consequent on repeal of Emergency Services Levy Insurance Monitor Act 2016

47 Secretary to succeed Emergency Services Levy Insurance Monitor

(1) This clause commences on the repeal date.
(2) The Secretary is substituted as a party to any proceedings pending in any court immediately before the repeal date to which the Monitor was a party.
(3) Any act, matter or thing that was commenced by the Monitor, but not completed, before the repeal date may be continued and completed by the Secretary.
(4) In this clause--


"Monitor" means the Emergency Services Levy Insurance Monitor appointed under the repealed Act.


"repeal date" means 1 January 2019.


"repealed Act" means the Emergency Services Levy Insurance Monitor Act 2016 .

Part 9 - Provision consequent on enactment of Fair Trading Amendment (Ticket Scalping and Gift Cards) Act 2017--gift cards amendments

48 Application of amendments

Part 4B of this Act (as inserted by the Fair Trading Amendment (Ticket Scalping and Gift Cards) Act 2017 ) does not apply to a gift card sold before the commencement of that Part.

Part 10 - Provision consequent on enactment of Fair Trading Amendment (Ticket Scalping and Gift Cards) Act 2017--ticket scalping amendments

49 Application of amendments

Section 58G, 58H, 58I or 58J (as inserted by the Fair Trading Amendment (Ticket Scalping and Gift Cards) Act 2017 ) does not apply to a ticket sold or otherwise supplied to a first purchaser by an authorised seller before the commencement of the section.

Part 11 - Provisions consequent on repeal of Part 2B of Act by Fair Trading Legislation Amendment (Reform) Act 2018

50 Dissolution of advisory bodies

(1) The following bodies are dissolved on the repeal of Part 2B of this Act by the Fair Trading Legislation Amendment (Reform) Act 2018 --
(a) the Products Safety Committee,
(b) the Fair Trading Advisory Council,
(c) the Motor Vehicle Industry Advisory Council,
(d) the Property Services Advisory Council,
(e) the Retirement Villages Advisory Council.
(2) A person who held office as a member of a body dissolved by this clause before the repeal of Part 2B of this Act is not entitled to compensation or remuneration because of the dissolution of that body.

Part 12 - Provision consequent on enactment of Fair Trading Legislation Amendment (Consumer Guarantee Directions) Act 2018

51 Consumer guarantee directions

Schedule 3 (Consumer guarantee directions) extends to the sale of a consumer good that occurred before the commencement of that Schedule, but only if the complaint under section 9 (1) (c) of this Act regarding that sale was first received by the Secretary after that commencement.

Part 13 - Provisions consequent on enactment of Fair Trading Amendment (Commercial Agents) Act 2016

52 Definitions

In this Part--


"CAPI Act" means the Commercial Agents and Private Inquiry Agents Act 2004 .


"commercial agent licence" means the following licences under the CAPI Act--

(a) master licences for process serving,
(b) master licences for debt collection,
(c) master licences for repossession of goods,
(d) operator licences for process serving,
(e) operator licences for debt collection,
(f) operator licences for repossession of goods.

53 No compensation

(1) The purpose of this clause is to exclude the payment of compensation by or on behalf of the Crown for any deregulation of the commercial agent industry.
(2) Compensation for deregulation is--
(a) compensation because of the enactment or operation of the Fair Trading Amendment (Commercial Agents) Act 2016 , including the repeal of the CAPI Act, or for any consequence of that enactment or operation, or
(b) compensation because of the removal of the requirement for certain commercial agents to hold a licence or for any consequence of that removal, or
(c) compensation because of any statement or conduct relating to a matter referred to in paragraph (a) or (b) or to the deregulation of the commercial agent industry in connection with any such matter.
(3) Compensation for deregulation is not payable by or on behalf of the Crown.
(4) This clause applies to or in respect of any event, act, omission, statement or conduct whether occurring before or after the commencement of this clause.
(5) In this clause--


"compensation" includes damages or any other form of monetary compensation.


"conduct" includes a representation of any kind--
(a) whether made verbally or in writing, and
(b) whether negligent, false, misleading or otherwise.

"the Crown" means the Crown within the meaning of the Crown Proceedings Act 1988 , and includes an officer, employee or agent of the Crown.

54 Refund of licence fee for unused period of licence

(1) This clause applies to any commercial agent licence that ceases to have effect because of the repeal of the CAPI Act.
(2) The Commissioner of Police is to refund to the holder of a licence a proportion of the licence fee paid for the licence that is equivalent to the remaining period for which the licence would have been in force had the CAPI Act not been repealed.
(3) Subclause (2) does not apply to any part of a fee that was declared to be a processing fee for the purposes of Part 2 of the Licensing and Registration (Uniform Procedures) Act 2002 .

55 Current applications, reviews and appeals

(1) Any application for a commercial agent licence that has not been finally determined before the repeal of the CAPI Act is taken to have been withdrawn and any application fee paid is to be refunded.
(2) Any review or appeal in relation to a commercial agent licence (including a review or appeal in relation to an application for a licence) that has not been finally determined before the repeal of the CAPI Act is taken to have been withdrawn.

56 Unclaimed trust money

Subject to the regulations, Division 4 of Part 1 of Schedule 2 to the CAPI Act continues to apply in respect of any money referred to in an unclaimed money statement furnished, before the repeal of that Act, to the Commissioner of Police under clause 6 of that Schedule.

57 Persons whose commercial agent licence has been cancelled or suspended

The regulations may prescribe circumstances in which a person, whose commercial agent licence was cancelled or suspended under the CAPI Act, is taken to be a disqualified person or not to be a fit and proper person for the purposes of Part 5 of this Act.

58 Applications for licences under Part 5 by former licence holders

(1) The regulations may modify (or remove the need for) the application process for a licence under Part 5 of this Act in the case of a person whose commercial agent licence ceases to have effect because of the repeal of the CAPI Act.
(2) In such a case, the regulations may deem the person to be the holder of a licence under Part 5, or may require the Secretary to issue a licence to the person under that Part, unconditionally or subject to conditions and for such period (being no more than 3 years) as may be prescribed.