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TASMANIA
__________
FAIR TRADING (MISCELLANEOUS
AMENDMENTS) BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Miscellaneous amendments
Schedule 1 Miscellaneous Amendments
[Bill 104]-VI
2
FAIR TRADING (MISCELLANEOUS
AMENDMENTS) BILL 2003
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Consumer Affairs Act 1988, the
Fair Trading Act 1990 and the Justices Act 1959 to
facilitate the prosecution of breaches of certain fair
trading laws
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:
Short title
1. This Act may be cited as the Fair Trading
(Miscellaneous Amendments) Act 2003.
Commencement
2. The provisions of this Act commence on a day or days to
be proclaimed.
Miscellaneous amendments
3. The legislation specified in Schedule 1 is amended as
specified in that Schedule.
[Bill 104] 3
sch. 1 No. Fair Trading (Miscellaneous 2003
Amendments)
SCHEDULE 1 MISCELLANEOUS AMENDMENTS
Section 3
Consumer Affairs Act 1988
1. Section 20(1) is amended by omitting paragraph (b) and
substituting the following paragraph:
(b) must be commenced within
(i) 3 years from the time when the matter
of complaint arose; and
(ii) 6 months from the time when the matter
of complaint came to the attention of the
Director.
Fair Trading Act 1990
1. Section 14(1) is amended as follows:
(a) by omitting "shall not" and substituting "must
not";
(b) by inserting the following penalty after
subsection (1):
Penalty: In the case of
(a) a body corporate, a fine not
exceeding 1 000 penalty
units; or
(b) an individual, a fine not
exceeding 200 penalty units.
4
2003 Fair Trading (Miscellaneous No. sch. 1
Amendments)
2. Section 15(1) is amended as follows:
(a) by omitting "shallnot" and substituting "must
not";
(b) by inserting the following penalty after
subsection (1):
Penalty: In the case of
(a) a body corporate, a fine not
exceeding 1 000 penalty
units; or
(b) an individual, a fine not
exceeding 200 penalty units.
3. Section 26B(5) is amended by omitting "goods and
services" and substituting "goods or services".
Justices Act 1959
1. Section 26 is amended by omitting subsection (1) and
substituting the following subsections:
(1) In the case of a simple offence that is not
an indictable offence, or of a breach of duty, unless
some other time is limited for making complaint by
the law relating to the particular case, complaint
must be made
(a) within 6 months from the time when the
matter of complaint arose; or
(b) against a provision of an Act that has
been declared in accordance with
subsection (1A) to be an Act to which
this paragraph applies
5
sch. 1 No. Fair Trading (Miscellaneous 2003
Amendments)
(i) within 3 years from the time when
the matter of complaint arose; and
(ii) within 6 months from the time
when the matter of complaint
came to the attention of the
Director of Consumer Affairs and
Fair Trading.
(1A) The Minister responsible for
administering the Consumer Affairs Act 1988 may
declare, by order published in the Gazette, an Act to
be an Act to which subsection (1)(b) applies.
(1B) An order under subsection (1A) is a
statutory rule within the meaning of the Rules
Publication Act 1953.
6 Government Printer, Tasmania