Tasmanian Consolidated Acts

FAIR TRADING ACT 1990 - SECT 54

      (1) The Governor may make regulations for the purposes of this Act.

      (2) Without limiting the generality of subsection (1), the regulations may –

(a) be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and

(b) adopt, either wholly or in part, and either specifically or by reference and with or without modification, any of the regulations, standards, rules, codes, recommendations, specifications, methods or drawings prescribed, published or issued by any national authority or national body specified in the regulations, whether the regulation, standard, rule, code, recommendation, specification, method or drawing is prescribed, published or issued before, on, or after the commencement day.

      (3) A reference in subsection (2)(b) to a regulation, standard, rule, code, recommendation, specification, method or drawing includes a reference to an addition to, or amendment of, that regulation, standard, rule, code, recommendation, specification, method or drawing, whether the addition or amendment is prescribed, published or issued before, on, or after the commencement day.

      (4) The regulations may –

(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and

(b) in respect of such an offence, provide for the imposition of a penalty not exceeding 10 penalty units and, in the case of a continuing offence, a further penalty not exceeding 5 penalty units for each day during which the offence continues.

      (5) It is a defence in any proceedings in respect of a failure to comply with any regulations relating to a code of practice to establish that compliance was effected by means other than those specified in the code of practice.