FAIR TRADING ACT 1989 - As at 1 March 2023 - Act 84 of 1989
FAIR TRADING ACT 1989
- As at 1 March 2023
- Act 84 of 1989
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Short title and citation
2. (Repealed)
3. Objective of this Act
4. This part does not apply for the Australian Consumer Law (Queensland)
4A. Application of Act
4B. Reference to this Act or to a particular provision of the Australian Consumer Law (Queensland)
5. Definitions
5A. Engaging in conduct and related matters
5B. (Repealed)
5C. Further meaning of acquisition or supply of services
5D. Meaning of loss or damage and amount of loss or damage
5E. (Repealed)
5F. (Repealed)
5G. (Repealed)
6. (Repealed)
7. Crown bound
PART 2 - COMMISSIONER FOR FAIR TRADING
8. Commissioner for fair trading
9. Other officers
10. Delegation by commissioner
11. Functions of commissioner
12. Acting inspectors
13. Aid by government departments in supplying information
PART 3 - THE AUSTRALIAN CONSUMER LAW
Division 1 - Definitions
14. Definitions for pt 3
Division 2 - Application of Australian Consumer Law
15. The Australian Consumer Law text
16. Application of Australian Consumer Law
17. Future modifications of Australian Consumer Law text
18. Meaning of generic terms in Australian Consumer Law for purposes of this jurisdiction
19. Interpretation of Australian Consumer Law
20. Application of Australian Consumer Law
Division 2A - (Repealed)
Division 2B - (Repealed)
Division 3 - References to Australian Consumer Law
21. References to Australian Consumer Law
22. References to Australian Consumer Law of other jurisdictions
Division 4 - Application of Australian Consumer Law to jurisdictions
23. Division does not apply to Commonwealth
24. Application law of this jurisdiction
25. Application law of other jurisdictions
26. Activities that are not business
27. Jurisdictions not liable to penalty or prosecution
Division 5 - Miscellaneous
28. Conferral of functions and powers on certain bodies
29. No doubling-up of liabilities
Division 6 - (Repealed)
PART 3A - PROVISIONS SUPPORTING APPLICATION OF AUSTRALIAN CONSUMER LAW AS A LAW OF QUEENSLAND
Division 1 - Infringement notices
30. Purpose and effect of this division
31. Issuing infringement notice
32. Matters to be included in infringement notice
33. Amount of penalty
34. Effect of compliance with infringement notice
35. Effect of failure to comply with infringement notice
36. Infringement notice compliance period for infringement notice
37. Withdrawal of infringement notice
Division 2 - Embargo notices
38. Definition for div 2
39. Embargo notices
40. Embargo period for embargo notice
40A. (Repealed)
41. Multiple embargo notice for supply of the same kind of goods or services from the same premises
42. Power of inspector to secure goods
43. Power of inspector to secure equipment used to supply services
44. Approval relating to embargoed goods or services
45. Compliance with embargo notice
Division 3 - Orders for the preservation of property
46. Court may make order for preserving money or other property held by a person
47. Compliance with orders made under this division
Division 4 - Court jurisdiction
48. Purpose and scope of division
49. Jurisdiction extends to provisions having wider application
50. Proceedings referred to court of competent jurisdiction
50A. Tribunal’s jurisdiction for particular matters relating to motor vehicles
50B. Expedited hearing
50C. Costs
50D. Constitution of tribunal
51. Proceedings referred to particular court
Division 5 - Miscellaneous
52. Miscellaneous supporting provision for proceedings for recovery of pecuniary penalties
53. Interpretation of offence provisions
53A. Interpretation of unsolicited consumer agreement permitted hours provisions and termination period provision
54. Gazettal of notice under Australian Consumer Law (Queensland) about interim ban, recall notice or safety warning
55. Limitation on right to itemised bill
55A. (Repealed)
55B. (Repealed)
55C. (Repealed)
55D. (Repealed)
55E. (Repealed)
55F. (Repealed)
55G. (Repealed)
PART 3B - PROVISIONS UTILISING AUSTRALIAN CONSUMER LAW (QUEENSLAND) PROVISIONS
56. Australian Consumer Law (Queensland) not limited
57. Defences
57A. (Repealed)
57B. (Repealed)
57C. (Repealed)
58. Prosecutions to be commenced within 3 years
58A. (Repealed)
59. Preference must be given to compensation for victims
60. Penalties for contraventions of the same nature for FTA offence provisions
61. General provision about injunctions and other remedies
62. Undertakings for matters arising other than under Australian Consumer Law (Queensland)
63. Public warning notices
64. Pecuniary penalties for FTA consumer offence provisions
65. Injunctions
66. Actions for damages
67. Orders for compensation or redress
68. Non-punitive orders
69. Adverse publicity orders
70. Orders disqualifying a person from managing a corporation
71. Privilege against exposure to penalty or forfeiture—disqualification from managing a corporation
71A. (Repealed)
71B. (Repealed)
72. Publication of advertisement in the ordinary course of business
73. Supplying services for the purpose of resupply
74. (Repealed)
75. (Repealed)
76. (Repealed)
77. (Repealed)
78. (Repealed)
79. (Repealed)
80. (Repealed)
PART 4 - SAFETY AND CODES OF PRACTICE
Division 1 - (Repealed)
Division 2 - Safety provisions
83. Safety standards
84. Compliance with safety standard
Division 3 - Ministerial prohibition
84A. Definition for div 3
85. Minister may make orders prohibiting or restricting supply of dangerous or undesirable services
85A. Interim orders
86. Offence
87. Seizure etc. of goods in certain cases
Division 4 - Codes of practice
88. (Repealed)
88A. Codes of practice
PART 5 - ENFORCEMENT AND REMEDIES
Division 1 - Powers of commissioner and inspectors
88B. Definitions for div 1
89. Powers of inspectors
90. Power to obtain information
91. Obstruction
Division 1A - General power of inspectors to seize goods
Subdivision 1 - Seizing and returning goods
91A. General power to seize goods
91B. Returning the seized goods
Subdivision 2 - Appealing against seizure of the goods
91C. Where and how to start appeal
91D. Hearing procedures
91E. Powers of Magistrates Court on appeal
91F. Appeal to District Court on questions of law only
Subdivision 3 - Forfeiting the goods
91G. Court hearing offence proceeding may order forfeiture of seized goods
Division 1B - Register of undertakings
91H. (Repealed)
91I. (Repealed)
91IA. (Repealed)
91J. (Repealed)
91K. (Repealed)
91L. Register of undertakings
Division 2 - Offences, court enforcement and remedies
92. Offences
92A. (Repealed)
92B. Attempts to commit offences
93. Continuing offences
94. Proceedings for offences
95. Conduct by directors, servants or agents
96. (Repealed)
97. Proceedings for an offence against this Act
98. (Repealed)
99. (Repealed)
100. (Repealed)
101. Mode of enforcement of compensation
102. (Repealed)
103. (Repealed)
103A. Examination costs
PART 6 - GENERAL
104. Impersonation
105. Reference to consumer authorities and other matters restricted
106. Savings of rights and remedies
107. Contracting out prohibited
108. (Repealed)
109. Limitation of action
109A. (Repealed)
110. Preservation of secrecy
111. (Repealed)
112. Evidence
113. Regulation-making power
114. Approval of forms
PART 7 - TRANSITIONAL PROVISIONS FOR EQUITY AND FAIR TRADING (MISCELLANEOUS PROVISIONS) ACT 1999
115. Transitional provision for references to commissioner for consumer affairs
116. (Repealed)
PART 8 - TRANSITIONAL PROVISION FOR TOURISM, RACING AND FAIR TRADING (MISCELLANEOUS PROVISIONS) ACT 2003
117. Transitional provision for actions for damages and compensation and other remedial orders—TPA, ss 82 and 87
PART 9 - TRANSITIONAL PROVISION FOR CRIMINAL PROCEEDS CONFISCATION AND OTHER ACTS AMENDMENT ACT 2009
118. Existing exemptions and applications for exemptions for section 63
PART 10 - TRANSITIONAL PROVISIONS FOR FAIR TRADING (AUSTRALIAN CONSUMER LAW) AMENDMENT ACT 2010
119. Definitions for this part
120. Transitional provision for references to Office of Consumer Affairs or Office of Fair Trading
121. Transitional provision relating to undertakings and the register of undertakings
122. Proceedings
123. Unfair contract terms
SCHEDULE - Subject matters for regulations
