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TASMANIA
__________
CONSUMER AFFAIRS AMENDMENT BILL 2006
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CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Part II substituted
PART II Tasmanian Consumer Advisory Committee
4. Constitution of Committee
5. Membership of Committee
6. Functions and powers of Committee
7. Committee to submit reports
6. Section 11 amended (Functions of Office of Consumer Affairs
and Fair Trading)
7. Section 12 amended (Special powers and duties of Director)
8. Section 14 amended (Powers of authorized officers to enter
premises, &c.)
9. Section 19 amended (Name of Committee or Office not to be
used in advertisements)
10. Section 21 amended (Protection for certain persons in relation to
certain publications and acts or things done)
11. Section 22 amended (Preservation of secrecy)
12. Section 23 amended (Evidentiary provision)
13. Schedules 1 and 2 amended
Schedule 1 Provisions with respect to membership and
meetings of committee
[Bill 15]-I
2
CONSUMER AFFAIRS AMENDMENT BILL 2006
(Brought in by the Minister for Justice and Workplace
Relations, the Honourable Steven Kons)
A BILL FOR
An Act to amend the Consumer Affairs Act 1988
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Consumer Affairs
Amendment Act 2006.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Consumer Affairs Act 1988* is
referred to as the Principal Act.
*No. 53 of 1988
[Bill 15] 3
Consumer Affairs Amendment Act 2006
Act No. of
s. 4
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of "Chairman"
and substituting the following
definitions:
"chairperson" means the chairperson
of the Committee;
"Committee" means the Tasmanian
Consumer Advisory Committee
established under this Act;
(b) by omitting the definition of "Council".
5. Part II substituted
Part II of the Principal Act is repealed and the
following Part is substituted:
PART II TASMANIAN CONSUMER ADVISORY
COMMITTEE
4. Constitution of Committee
There is constituted by this Act an
advisory committee to be known as the
Tasmanian Consumer Advisory
Committee.
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Consumer Affairs Amendment Act 2006
Act No. of
s. 5
5. Membership of Committee
(1) The Committee consists of not less than
7, and not more than 15, members who
the Minister considers represent the
interests of consumers.
(2) The Minister is to advertise in such
publications, and in such manner and
form, as the Minister determines for
persons to express interest in becoming
members of the Committee.
(3) The Minister is to appoint the members
of the Committee from the persons who
expressed interest under subsection (2)
and who the Minister considers have the
expertise and qualifications to enable the
Committee to perform its functions.
(4) The members of the Committee are to
elect one member of the Committee to be
chairperson of the Committee.
(5) Schedule 1 has effect with respect to the
membership and meetings of the
Committee.
6. Functions and powers of Committee
(1) The functions of the Committee are
(a) to advise, and make
recommendations to, the Minister
on matters affecting the interests
of consumers in Tasmania; and
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Consumer Affairs Amendment Act 2006
Act No. of
s. 5
(b) to consult with consumer
organisations and other relevant
organisations on emerging issues
of concern to consumers; and
(c) to advance the interests of
consumers and promote
consumer awareness of consumer
protection issues; and
(d) to assist the Minister with regard
to activities relating to consumer
affairs and fair trading; and
(e) such other functions as may be
prescribed.
(2) The Committee may make
recommendations to the Minister with
respect to any matter arising in
connection with the performance and
exercise of its functions and powers
under this Act.
7. Committee to submit reports
(1) The Committee, not later than 30
September in each financial year, is to
submit to the Minister a report on its
proceedings during that financial year.
(2) The Committee may submit a report to
the Minister on any matter arising in the
performance of its functions and the
exercise of its powers under this Act.
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Consumer Affairs Amendment Act 2006
Act No. of
s. 6
(3) The Minister may lay a copy of the
Committee's report under subsection (1)
before each House of Parliament before
31 October in each year.
(4) The Minister may lay a copy of a report,
if any, of the Committee under
subsection (2) before each House of
Parliament.
6. Section 11 amended (Functions of Office of
Consumer Affairs and Fair Trading)
Section 11(2) of the Principal Act is amended by
omitting "Council" and substituting
"Committee".
7. Section 12 amended (Special powers and duties of
Director)
Section 12 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Council" and substituting "Committee";
(b) by omitting from subsection (2)
"Council" and substituting "Committee";
(c) by omitting from subsection (3)
"Council" twice occurring and
substituting "Committee";
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Consumer Affairs Amendment Act 2006
Act No. of
s. 8
(d) by omitting from subsection (4)
"Council" and substituting "Committee";
(e) by omitting from subsection (5)
"Council" twice occurring and
substituting "Committee".
8. Section 14 amended (Powers of authorized officers
to enter premises, &c.)
Section 14(1) of the Principal Act is amended as
follows:
(a) by omitting "the Council or";
(b) by omitting "their" and substituting "its".
9. Section 19 amended (Name of Committee or Office
not to be used in advertisements)
Section 19(1) of the Principal Act is amended as
follows:
(a) by omitting "Chairman" and substituting
"chairperson";
(b) by omitting from paragraph (a)
"Council" and substituting "Committee";
(c) by omitting from paragraph (b)
"Council" and substituting "Committee".
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Consumer Affairs Amendment Act 2006
Act No. of
s. 10
10. Section 21 amended (Protection for certain persons
in relation to certain publications and acts or things
done)
Section 21 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Council" and substituting "Committee";
(b) by omitting from subsection (3)
"Council" and substituting "Committee";
(c) by omitting from subsection (4)
"Council" twice occurring and
substituting "Committee";
(d) by omitting from subsection (5)
"Council" and substituting "Committee".
11. Section 22 amended (Preservation of secrecy)
Section 22 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Council" twice occurring and
substituting "Committee";
(b) by omitting from subsection (3)(a)
"Chairman" and substituting
"chairperson".
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Consumer Affairs Amendment Act 2006
Act No. of
s. 12
12. Section 23 amended (Evidentiary provision)
Section 23 of the Principal Act is amended by
omitting subsection (1).
13. Schedules 1 and 2 amended
Schedules 1 and 2 to the Principal Act are
repealed and the following Schedule is
substituted:
SCHEDULE 1 PROVISIONS WITH RESPECT TO
MEMBERSHIP AND MEETINGS OF COMMITTEE
Section 5(5)
1. Interpretation
In this Schedule
"member" means a member of the
Committee.
2. Terms and conditions of office of members
(1) A member
(a) is to be appointed for such period,
not exceeding 3 years, as the
Minister thinks fit and is to hold
and vacate office in accordance
with the terms of his or her
appointment or reappointment;
and
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Consumer Affairs Amendment Act 2006
Act No. of
s. 13
(b) may be removed from office by
the Minister by notice in writing
addressed and delivered to that
member; and
(c) may at any time resign his or her
office by notice in writing
addressed and delivered to the
Minister.
(2) A member is entitled to be paid such
allowances as the Minister determines.
(3) A member who is a State Service officer
or State Service employee is not entitled
to allowances under this clause except
with the approval of the Minister
administering the State Service Act 2000.
(4) The terms and conditions of office of a
member, with respect to matters not
provided for in this Schedule, are as
determined by the Minister.
3. Appointment of substitute to act during
absence of member
If a member is unable for any reason to
carry out his or her duties as such a
member for any period, the Minister may
appoint a person who, in his or her
opinion, is suitably qualified to act in
place of that member during that period,
and that person is, for that period, taken
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Consumer Affairs Amendment Act 2006
Act No. of
s. 13
to be a member to act in the place of that
member during that period.
4. Vacation of office
(1) A member vacates office if he or she
(a) dies; or
(b) resigns by written notice given to
the Minister; or
(c) is removed from office under
subclause (2) or (3).
(2) The Minister may remove a member
from office if the member
(a) is absent from 3 consecutive
meetings of the Committee
without the permission of the
other members of the Committee;
or
(b) becomes bankrupt, applies to take
the benefit of any law for the
relief of bankrupt or insolvent
debtors, compounds with the
member's creditors or makes an
assignment of the member's
remuneration or estate for their
benefit; or
(c) is convicted, in Tasmania or
elsewhere, of a crime or an
offence punishable by
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Consumer Affairs Amendment Act 2006
Act No. of
s. 13
imprisonment for 12 months or
longer or a fine of 300 penalty
units or more; or
(d) is convicted of an offence under
this Act; or
(e) fails to disclose a pecuniary
interest as required under
clause 10.
(3) The Minister may remove a member
from office if satisfied that the member is
unable to perform adequately or
competently the duties of office.
5. Filling of vacancies
If the office of a member becomes
vacant, the Minister may appoint a
person who the Minister considers
represents the interests of consumers to
the vacant office for the remainder of that
member's term of office.
6. Convening of meetings
Meetings of the Committee may be
convened by the chairperson of the
Committee or by any 2 or more
members.
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Act No. of
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7. Quorum
At a meeting of the Committee, a
quorum is constituted by a majority of
the total number of members appointed.
8. Presiding at meetings
(1) The chairperson of the Committee is to
preside at all meetings of the Committee
at which he or she is present.
(2) If the chairperson of the Committee is
not present at a meeting of the
Committee, a member elected by the
members present is to preside at that
meeting.
9. Decision of meeting
A decision carried by a majority of the
votes of the members present at a
meeting of the Committee is a decision
of the Committee.
10. Disclosure of interests
(1) If a member has a direct or indirect
pecuniary interest in a matter being
considered, or about to be considered, by
the Committee, the member must, as
soon as practicable after the relevant
facts come to the member's knowledge,
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Consumer Affairs Amendment Act 2006
Act No. of
s. 13
disclose the nature of the interest to the
Committee.
Penalty: Fine not exceeding 100 penalty
units or a term of imprisonment
not exceeding 3 months, or both.
(2) Unless the Committee otherwise
determines, a member who has made a
disclosure under subclause (1) in relation
to a matter must not
(a) be present during any deliberation
of the Committee in relation to
the matter; or
(b) take part in any decision of the
Committee in relation to the
matter.
(3) For the purpose of making a
determination under subclause (2), the
member to whom the determination
relates must not
(a) be present during any deliberation
of the Committee for the purpose
of making the determination; or
(b) take part in making the
determination.
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Act No. of
s. 13
11. Power of Committee to regulate its own
procedure
Subject to this section, the Committee
may determine the procedure for the
calling of meetings of the Committee and
for the conduct of business at those
meetings.
16 Government Printer, Tasmania