FAIR TRADING ACT 1987
Table of Provisions
PART 1--Preliminary
- 1 Short title
- 3 Interpretation
- 4 Crown bound
- 4A Extraterritorial application
- 4B Administration of Act
PART 2--Commissioner for Consumer Affairs
PART 3--Australian Consumer Law
Division 4--Miscellaneous
- 25A Application of Australian Consumer Law (SA) to bills under Legal Practitioners Act 1981
- 26 Conferral of functions and powers on certain bodies
- 27 No doubling-up of liabilities
- 28 Certain proceedings prevented in certain circumstances
- 28A Minister may require information
- 28B Minister to publish certain notices in Gazette
- 28C Cost of testing
PART 3A--Industry codes
- 28D Interpretation
- 28E Contravention of industry codes
- 28F Regulations relating to industry codes
PART 3B--Regulation of motor vehicle insurers and repairers
- 28G Object of Part
- 28H Interpretation
- 28I Declaration of industry code of conduct in relation to motor vehicle insurers and repairers
- 28J Compliance with applicable code of conduct
- 28K Insurer must disclose relevant interest in relation to repairer
- 28L Regulations
PART 4--Fair reporting
- 29 Interpretation
- 30 Application of Part
- 31 Procedures in respect of prescribed reports
- 32 Duties of traders
- 33 Duties of reporting agencies
- 34 Correction of errors
- 35 Qualified privilege
- 36 Offences
- 37 Powers of District Court
PART 4A--Regulation of event ticket transactions
Division 1--Preliminary
- 37A Interpretation
- 37B Tickets to which Part applies
- 37C Meaning of event organiser
Division 2--Resale of tickets
- 37D Interpretation
- 37E Meaning of original supply cost
- 37F Meaning of prohibited advertisement
- 37G Restriction on ticket resale profit
- 37H Supply of tickets not to be made contingent on other purchases
- 37I Ticket resale advertising
- 37J Defence for certain ticket sales
- 37K Certain resale restrictions void
Division 3--Online purchase of tickets
- 37L Prohibited conduct in relation to use of ticketing websites
Division 4--Public disclosure of ticketing information
- 37M Minister may require notification of number of tickets available for general public sale
Division 5--Review of Part
PART 5--Additional consumer protection provisions
- 41 Advertisements must not state or imply approval of consumer affairs authority
- 42 Recreational services
- 43 Unlawful actions and representations
- 43A Prohibition on trading or carrying on business as Starr-Bowkett society
PART 6--Third-party trading schemes
- 44 Interpretation
- 45 Power of Minister to approve third-party trading schemes
- 45A Power of Minister to prohibit third-party trading schemes
- 45B Offences
- 45C Regulations
PART 6B--Fuel pricing information
- 45F Scheme may be established by regulation
PART 7--Enforcement and remedies
Division A1--Interpretation
Division 1--Legal proceedings and warnings
Division 1A--Authorised officers
Division 2--Assurances and enforcement orders
- 79 Assurances
- 80 Registration of deeds of assurance
- 81 Offence
- 82 Enforcement orders
Division 3--Civil remedies
- 82A Application of Division
- 83 Injunctions
- 85 Orders for compensation
- 86 Sequestration orders
Division 3A--Civil penalties and civil expiation notices
Subdivision 1--Interpretation
- 86A Interpretation
Subdivision 2--Civil penalties
- 86B Civil penalties
Subdivision 3--Civil expiation notices
- 86C Certain civil penalty contraventions may be expiated
- 86D Civil expiation notices
- 86E Late payment
- 86F Effect of expiation
- 86G Commencement of proceedings if expiation fee not paid
- 86H Withdrawal of civil expiation notices
- 86I Service of civil expiation notice or withdrawal notice
Division 4--General
- 86J Application of Division
- 87 Prosecutions
- 88 Defences
- 90 Vicarious liability
- 91 Evidentiary provisions
PART 12--Miscellaneous
- 92 Saving of other rights or remedies
- 95 Service
- 96 Contracting out prohibited
- 96A Confidentiality
- 96B Delegation by Minister responsible for administration of Small Business Commissioner Act
- 97 Regulations
Legislative history
The Parliament of South Australia enacts as
follows: