CONSUMER PROTECTION LEGISLATION AMENDMENT AND REPEAL BILL 2005
This is a Bill, not an Act. For current law, see the Acts databases.
CONSUMER PROTECTION LEGISLATION AMENDMENT AND REPEAL BILL 2005
Western Australia
Consumer Protection Legislation Amendment
and Repeal Bill 2005
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Builders' Registration
Act 1939 amended
3. The Act amended 3
4. Section 3 amended 3
Part 3 -- Consumer Affairs Act 1971
amended
5. The Act amended 4
6. Section 23G amended 4
7. Section 23Q amended 4
8. Section 23R amended 4
9. Section 23U amended 5
Part 4 -- Credit (Administration)
Act 1984 amended
10. The Act amended 6
11. Part VA inserted 6
Part VA -- Consumer Credit Fund
44A. Establishment of Consumer Credit Fund 6
44B. Payments to Consumer Credit Fund 7
44C. Payments from Consumer Credit Fund 7
44D. Report on operations of Consumer Credit
Fund 8
084--2 page i
Consumer Protection Legislation Amendment and Repeal Bill 2005
Contents
Part 5 -- Fair Trading Act 1987
amended
12. The Act amended 9
13. Part II Division 4 inserted 9
Division 4 -- Third party trading schemes
32A. Interpretation 9
32B. Minister may approve third party trading
scheme 10
32C. Prohibition of third party trading scheme 10
32D. Offence 11
32E. Codes of practice 11
Part 6 -- Land Valuers Licensing
Act 1978 amended
14. The Act amended 12
15. Section 12 amended 12
16. Section 13 amended 12
17. Section 23 amended 12
18. Section 24 amended 12
19. Section 25 amended 13
20. Section 28 amended 13
21. Section 29A amended 13
22. Section 33 amended 13
23. Section 36 amended 13
Part 7 -- Motor Vehicle Dealers
Act 1973 amended
24. The Act amended 14
25. Section 32K amended 14
Part 8 -- Real Estate and Business
Agents Act 1978 amended
26. The Act amended 15
27. Section 4 amended 15
Part 9 -- Residential Tenancies
Act 1987 amended
28. The Act amended 16
29. Section 13B inserted 16
13B. Appeals from decisions of a registrar 16
page ii
Consumer Protection Legislation Amendment and Repeal Bill 2005
Contents
30. Section 26 amended 16
31. Section 29 amended 16
32. Schedule 1 amended 16
Part 10 -- Retirement Villages
Act 1992 amended
33. The Act amended 18
34. Section 5 amended 18
Part 11 -- Settlement Agents Act 1981
amended
35. The Act amended 19
36. Section 49 amended 19
Part 12 -- Trading Stamp Act 1981
repealed
37. Trading Stamp Act 1981 repealed 21
Part 13 -- Travel Agents Act 1985
amended
38. The Act amended 22
page iii
Western Australia
LEGISLATIVE ASSEMBLY
(As amended during consideration in detail)
Consumer Protection Legislation Amendment
and Repeal Bill 2005
A Bill for
An Act to --
• amend the Builders' Registration Act 1939;
• amend the Consumer Affairs Act 1971;
• amend the Credit (Administration) Act 1984;
• amend the Fair Trading Act 1987;
• amend the Land Valuers Licensing Act 1978;
• amend the Motor Vehicle Dealers Act 1973;
• amend the Real Estate and Business Agents Act 1978;
• amend the Residential Tenancies Act 1987;
• amend the Retirement Villages Act 1992;
• amend the Settlement Agents Act 1981;
• amend the Travel Agents Act 1985;
• repeal the Trading Stamp Act 1981,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Consumer Protection Legislation Amendment and Repeal Bill 2005
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Consumer Protection Legislation Amendment and
Repeal Act 2005.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
page 2
Consumer Protection Legislation Amendment and Repeal Bill 2005
Builders' Registration Act 1939 amended Part 2
s. 3
Part 2 -- Builders' Registration Act 1939 amended
3. The Act amended
The amendments in this Part are to the Builders' Registration
Act 1939*.
5 [* Reprinted as at 11 January 2002.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 44.]
4. Section 3 amended
Section 3(1a) is repealed and the following subsection is
10 inserted instead --
"
(1a) Notwithstanding subsection (1) --
(a) section 4B applies throughout the State; and
(b) sections 12A and 12B apply throughout the
15 State to building work that is home building
work as defined in the Home Building
Contracts Act 1991 section 3(1).
".
page 3
Consumer Protection Legislation Amendment and Repeal Bill 2005
Part 3 Consumer Affairs Act 1971 amended
s. 5
Part 3 -- Consumer Affairs Act 1971 amended
5. The Act amended
The amendments in this Part are to the Consumer Affairs
Act 1971*.
5 [* Reprint 4 as at 9 July 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 91.]
6. Section 23G amended
Section 23G(1) is amended by deleting "12 months" and
10 inserting instead --
" 3 years ".
7. Section 23Q amended
Section 23Q(6) is amended by inserting after "revoke" --
" or amend ".
15 8. Section 23R amended
(1) Section 23R(2), (3) and (4) are repealed and the following
subsections are inserted instead --
"
(2) The Commissioner may make an order prohibiting the
20 supply of goods of a class or description without
making a reference to the Committee under
section 23L(1) if --
(a) the supply of goods of that class or description
is prohibited under a law of the Commonwealth
25 or another State or a Territory; and
(b) the Commissioner considers it necessary in the
interests of the safety of the public to make the
order.
page 4
Consumer Protection Legislation Amendment and Repeal Bill 2005
Consumer Affairs Act 1971 amended Part 3
s. 9
(3) If the supply of goods of a class or description is
allowed under a law of the Commonwealth or another
State or a Territory subject to conditions or restrictions
relating to the goods, the Commissioner, without
5 making a reference to the Committee under
section 23L(1) in respect of goods of that class or
description, may if he considers it necessary in the
interests of the safety of the public make an order
allowing the supply of goods of that class or
10 description in this State, subject to conditions or
restrictions specified or referred to in the order being
conditions or restrictions that are in conformity with
those specified or referred to under that law that relate
to the goods.
15 (4) For the avoidance of doubt, an order made under
subsection (2) or (3) is not affected by the subsequent
amendment, repeal or expiry of a law referred to in
those subsections.
".
20 (2) Section 23R(6) is repealed and the following subsection is
inserted instead --
"
(6) The Commissioner may by notice published in the
Gazette on his own motion, or on the recommendation
25 of the Committee, revoke or amend an order made
under this section.
".
9. Section 23U amended
Section 23U(2)(b) is amended by deleting "Standards Australia"
30 and inserting instead --
"
Standards Australia, as in force at the time of
adoption or as amended from time to time
".
page 5
Consumer Protection Legislation Amendment and Repeal Bill 2005
Part 4 Credit (Administration) Act 1984 amended
s. 10
Part 4 -- Credit (Administration) Act 1984 amended
10. The Act amended
The amendment in this Part is to the Credit (Administration)
Act 1984*.
5 [* Reprint 2 as at 6 August 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 103.]
11. Part VA inserted
After section 44 the following Part is inserted --
10 "
Part VA -- Consumer Credit Fund
44A. Establishment of Consumer Credit Fund
(1) There is hereby established a fund to be called the
Consumer Credit Fund.
15 (2) The Consumer Credit Fund is --
(a) to form part of the Trust Fund constituted under
section 9 of the Financial Administration and
Audit Act 1985; or
(b) with the approval of the Treasurer, to be kept at
20 a bank.
(3) If subsection (2)(b) applies, moneys standing to the
credit of the Consumer Credit Fund that are not
immediately required for the purposes of section 44C
may, if approved by the Treasurer, be invested in any
25 manner that moneys in the Public Bank Account may
be invested under section 38 of the Financial
Administration and Audit Act 1985.
page 6
Consumer Protection Legislation Amendment and Repeal Bill 2005
Credit (Administration) Act 1984 amended Part 4
s. 11
44B. Payments to Consumer Credit Fund
(1) The Consumer Credit Fund is the fund established and
operated for the purpose of section 106 of the
Consumer Credit (Western Australia) Code.
5 (2) The Consumer Credit Fund is to be credited with --
(a) any amount paid to the fund by a credit
provider;
(b) income derived from the investment, under
section 44A, of moneys standing to the credit of
10 the Consumer Credit Fund;
(c) any moneys received by, made available to or
payable to the Consumer Credit Fund;
(d) costs awarded to the Commissioner in a
proceeding under this Act; and
15 (e) costs awarded to the Commissioner in a
proceeding under the Credit Act 1984.
44C. Payments from Consumer Credit Fund
The Consumer Credit Fund is to be applied by the
Commissioner for --
20 (a) the payment of such moneys as are approved by
the Minister, on the terms approved by the
Minister, for the following purposes --
(i) providing financial counselling services
to consumers;
25 (ii) giving legal advice to consumers about
consumer credit;
(iii) providing information about consumer
credit;
(iv) providing research about the use of
30 credit;
(b) the administration of this Act;
page 7
Consumer Protection Legislation Amendment and Repeal Bill 2005
Part 4 Credit (Administration) Act 1984 amended
s. 11
(c) legal fees incurred by the Commissioner, or
costs awarded against the Commissioner, in a
proceeding under this Act; and
(d) legal fees incurred by the Commissioner, or
5 costs awarded against the Commissioner, in a
proceeding under the Credit Act 1984.
44D. Report on operations of Consumer Credit Fund
For the purposes of section 52 of the Financial
Administration and Audit Act 1985, the administration
10 of the Consumer Credit Fund is to be taken to be a
service of the department principally assisting the
Minister in the administration of this Act.
".
page 8
Consumer Protection Legislation Amendment and Repeal Bill 2005
Fair Trading Act 1987 amended Part 5
s. 12
Part 5 -- Fair Trading Act 1987 amended
12. The Act amended
The amendment in this Part is to the Fair Trading Act 1987*.
[* Reprint 2 as at 24 June 2005.]
5 13. Part II Division 4 inserted
After section 32 the following Division is inserted in Part II --
"
Division 4 -- Third party trading schemes
32A. Interpretation
10 In this Division --
"approved third party trading scheme" means a
third party trading scheme in relation to which a
notice has been given under section 32B;
"prohibited third party trading scheme" means a
15 third party trading scheme that is the subject of a
declaration under section 32C;
"third party trading scheme" means a scheme or
arrangement under which the acquisition of goods
or services by a consumer from a supplier is a
20 condition, or one of a number of conditions,
compliance with which gives rise, or apparently
gives rise, to an entitlement to a benefit from a
third party in the form of goods or services or
some discount, concession, or advantage in
25 connection with the acquisition of goods or
services.
page 9
Consumer Protection Legislation Amendment and Repeal Bill 2005
Part 5 Fair Trading Act 1987 amended
s. 13
32B. Minister may approve third party trading scheme
(1) The Minister may, on application, give notice in
writing that a specified third party trading scheme is an
approved third party trading scheme.
5 (2) The Minister is not to approve a third party trading
scheme under this section unless satisfied that the
scheme is genuine, reasonable, and not contrary to the
interests of consumers.
(3) An approval under this section may be given subject to
10 such conditions as the Minister thinks fit and specifies
in the notice to the applicant.
(4) An application under this section is to be supported by
such information as the Minister may require.
32C. Prohibition of third party trading scheme
15 (1) The Commissioner may recommend to the Minister
that a third party trading scheme be declared to be a
prohibited third party trading scheme if --
(a) the scheme is not an approved third party
trading scheme and the Commissioner is of the
20 opinion that the scheme is not genuine and
reasonable or is contrary to the interests of
consumers;
(b) in the case of an approved third party trading
scheme, a condition of the approval has been
25 contravened or not complied with; or
(c) in the case of an approved third party trading
scheme, the scheme is conducted in a manner
that is not genuine, reasonable or in the
interests of consumers.
30 (2) The Minister may, on the recommendation of the
Commissioner, by notice published in the Gazette,
page 10
Consumer Protection Legislation Amendment and Repeal Bill 2005
Fair Trading Act 1987 amended Part 5
s. 13
declare a third party trading scheme to be a prohibited
third party trading scheme.
(3) The Minister may by notice published in the Gazette
revoke a declaration under this section.
5 32D. Offence
A person who --
(a) acts as a promoter of a prohibited third party
trading scheme;
(b) as a party to a prohibited third party trading
10 scheme, supplies goods or services; or
(c) publishes an advertisement relating to a
prohibited third party trading scheme or causes
such an advertisement to be published,
commits an offence.
15 Penalty: $5 000.
32E. Codes of practice
The Governor may make regulations prescribing codes
of practice to be complied with by persons who act as
promoters of third party trading schemes or supply
20 goods or services as parties to such schemes.
".
page 11
Consumer Protection Legislation Amendment and Repeal Bill 2005
Part 6 Land Valuers Licensing Act 1978 amended
s. 14
Part 6 -- Land Valuers Licensing Act 1978 amended
14. The Act amended
The amendments in this Part are to the Land Valuers Licensing
Act 1978*.
5 [* Reprinted as at 3 May 2002.
For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 244.]
15. Section 12 amended
Section 12(6) is amended by deleting "$500." and inserting
10 instead --
" $5 000. ".
16. Section 13 amended
Section 13(2) is amended by deleting "$500." and inserting
instead --
15 " $5 000. ".
17. Section 23 amended
Section 23(1) is amended by deleting "$500." and inserting
instead --
" $50 000. ".
20 18. Section 24 amended
Section 24(1) is amended by deleting "$500." and inserting
instead --
" $50 000. ".
page 12
Consumer Protection Legislation Amendment and Repeal Bill 2005
Land Valuers Licensing Act 1978 amended Part 6
s. 19
19. Section 25 amended
Section 25(3) is amended by deleting "$500." and inserting
instead --
" $5 000. ".
5 20. Section 28 amended
Section 28(1)(b) is amended by deleting "$500" and inserting
instead --
" $10 000 ".
21. Section 29A amended
10 Section 29A(1) is amended by deleting "$250." and inserting
instead --
" $2 000. ".
22. Section 33 amended
Section 33(2) is amended by deleting "$500." and inserting
15 instead --
" $5 000. ".
23. Section 36 amended
Section 36(2)(g) is amended by deleting "$100" and inserting
instead --
20 " $1 000 ".
page 13
Consumer Protection Legislation Amendment and Repeal Bill 2005
Part 7 Motor Vehicle Dealers Act 1973 amended
s. 24
Part 7 -- Motor Vehicle Dealers Act 1973 amended
24. The Act amended
The amendments in this Part are to the Motor Vehicle Dealers
Act 1973*.
5 [* Reprint 4 as at 17 June 2005.]
25. Section 32K amended
Section 32K(4) is amended by deleting "agent" and inserting
instead --
" dealer ".
page 14
Consumer Protection Legislation Amendment and Repeal Bill 2005
Real Estate and Business Agents Act 1978 amended Part 8
s. 26
Part 8 -- Real Estate and Business Agents
Act 1978 amended
26. The Act amended
The amendments in this Part are to the Real Estate and Business
5 Agents Act 1978*.
[* Reprint 5 as at 8 April 2005.
For subsequent amendments see Acts Nos. 59 and 84 of
2004.]
27. Section 4 amended
10 Section 4(4) is amended as follows:
(a) after paragraph (b) by deleting "or";
(b) after paragraph (c) by deleting the full stop and inserting
instead --
"
15 ; or
(d) a person, other than a licensee, when
performing a prescribed duty as an agent for the
owner of premises ordinarily used for holiday
accommodation, whether or not for
20 consideration, in respect of the right of a person
to occupy those premises for a period of not
more than 3 consecutive months.
".
page 15
Consumer Protection Legislation Amendment and Repeal Bill 2005
Part 9 Residential Tenancies Act 1987 amended
s. 28
Part 9 -- Residential Tenancies Act 1987 amended
28. The Act amended
The amendments in this Part are to the Residential Tenancies
Act 1987*.
5 [* Reprint 3 as at 27 May 2005.]
29. Section 13B inserted
After section 13A the following section is inserted --
"
13B. Appeals from decisions of a registrar
10 A person dissatisfied with a decision of a registrar in
respect of a matter on which a registrar has exercised
jurisdiction under section 13A(2) may appeal to a
magistrate under section 29 of the Magistrates Court
Act 2004.
15 ".
30. Section 26 amended
Section 26(1) is amended by deleting ", or by a registrar acting
under section 13A(2),".
31. Section 29 amended
20 Section 29(4)(c) is amended by deleting "in the prescribed
form" and inserting instead --
" in a form approved by the Minister ".
32. Schedule 1 amended
(1) Schedule 1 clause 2(1)(a) is amended by inserting after "either
25 directly" --
" , including by electronic means, ".
page 16
Consumer Protection Legislation Amendment and Repeal Bill 2005
Residential Tenancies Act 1987 amended Part 9
s. 32
(2) Schedule 1 clause 5(1)(a) is amended by deleting "in the
prescribed form" and inserting instead --
" in a form approved by the Minister ".
(3) Schedule 1 clause 5(1)(a)(ii) is amended by inserting after
5 "lodged" --
" , including lodged by facsimile or electronic means, ".
(4) Schedule 1 clause 7(1)(a) is amended by deleting "in the
prescribed form" and inserting instead --
" in a form approved by the Minister ".
10 (5) Schedule 1 clause 7(3)(a) is amended by deleting "in the
prescribed form" and inserting instead --
" in a form approved by the Minister ".
page 17
Consumer Protection Legislation Amendment and Repeal Bill 2005
Part 10 Retirement Villages Act 1992 amended
s. 33
Part 10 -- Retirement Villages Act 1992 amended
33. The Act amended
The amendments in this Part are to the Retirement Villages
Act 1992*.
5 [* Reprint 2 as at 1 April 2005.]
34. Section 5 amended
(1) Section 5 is amended by inserting before "Except as" the
subsection designation "(1)".
(2) At the end of section 5 the following subsection is inserted --
10 "
(2) This Act does not apply to a resident or prospective
resident of a retirement village or to the administering
body of that retirement village if --
(a) the administering body is an "approved
15 provider" as defined in the Aged Care Act 1997
Schedule 1 of the Commonwealth in relation to
the residential premises used or intended to be
used as a place of residence by the resident or
prospective resident;
20 (b) the administering body provides, or is to
provide, the resident or prospective resident
with "residential care" as defined in the Aged
Care Act 1997 section 41-3 of the
Commonwealth; and
25 (c) the resident or prospective resident is receiving,
or is entitled to receive, residential care in
respect of which the administering body is
eligible for a "residential care subsidy" as
defined in the Aged Care Act 1997 Schedule 1
30 of the Commonwealth.
".
page 18
Consumer Protection Legislation Amendment and Repeal Bill 2005
Settlement Agents Act 1981 amended Part 11
s. 35
Part 11 -- Settlement Agents Act 1981 amended
35. The Act amended
The amendment in this Part is to the Settlement Agents
Act 1981*.
5 [* Reprint 3 as at 8 July 2005.]
36. Section 49 amended
After section 49(5) the following subsections are inserted --
"
(5a) If --
10 (a) a settlement of a real estate transaction or a
business transaction is completed;
(b) the settlement agent who arranged or effected
the settlement received moneys in respect of the
real estate transaction or business transaction in
15 the course of arranging or effecting the
settlement; and
(c) the settlement agent is authorised in writing by
the vendor to make a payment from those
moneys to an agent as payment of the whole or
20 part of the commission, reward or remuneration
to which the agent is entitled for arranging the
real estate transaction or business transaction to
which the settlement relates,
the settlement agent may, despite subsections (4) and
25 (5), pay to the agent from those moneys such sum as
the settlement agent is so authorised to pay.
page 19
Consumer Protection Legislation Amendment and Repeal Bill 2005
Part 11 Settlement Agents Act 1981 amended
s. 36
(5b) In subsection (5a) --
"agent" means an agent as defined in section 4(1) of
the Real Estate and Business Agents Act 1978 who
is entitled to a commission, reward or
5 remuneration for arranging the real estate
transaction or business transaction to which a
settlement relates;
"vendor" means the person or persons lawfully
entitled to receive the purchase price in respect of
10 a real estate transaction or business transaction.
".
page 20
Consumer Protection Legislation Amendment and Repeal Bill 2005
Trading Stamp Act 1981 repealed Part 12
s. 37
Part 12 -- Trading Stamp Act 1981 repealed
37. Trading Stamp Act 1981 repealed
The Trading Stamp Act 1981 is repealed.
page 21
Consumer Protection Legislation Amendment and Repeal Bill 2005
Part 13 Travel Agents Act 1985 amended
s. 38
Part 13 -- Travel Agents Act 1985 amended
38. The Act amended
(1) The amendments in this Part are to the Travel Agents Act 1985*.
[* Reprint 2 as at 6 June 2003.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2004, Table 1, p. 465-6.]
(2) Section 5(2) is amended as follows:
(a) in paragraph (b) by deleting "or any statutory
corporation representing the Crown";
10 (b) in paragraph (c) by inserting after "prescribed" --
" statutory corporation or ".