Queensland Consolidated Acts

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FAIR TRADING ACT 1989 - SECT 71A

71A Exemptions from division for particular contracts or types of contract

(1) A dealer or supplier of goods or services may apply to the chief executive for an exemption from all or any of the provisions of this division, other than section 63, for a particular contract or a particular type of contract to be entered into by the dealer or supplier.

(2) The application must--

(a) be written; and
(b) state the provisions of the division, and the period, for which the exemption is sought and why it is sought; and
(c) be accompanied by the fee prescribed under a regulation.

(3) An exemption may be sought for a limited or unlimited period.

(4) If the chief executive is satisfied that the rights of consumers under the contract or type of contract will not be adversely affected if the exemption is given, the chief executive may, by written notice to the applicant, give the exemption.

(5) The notice must state the period of the exemption and the provisions of the division for which, and the conditions (if any) on which, it is given.

(6) Without limiting the conditions that may be imposed on an exemption, a condition of the exemption may be that the applicant enter into a written undertaking with the commissioner under section 91H about the exemption.

(7) To the extent that a contract is exempted from the provisions of this division, the contract is not a contract to which this division applies.

(8) If a person to whom an exemption is given fails to comply with a condition of it, the chief executive may revoke the exemption by written notice given to the person.

(9) The chief executive may delegate the chief executive's powers under this section to a public service officer employed in the department.



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