Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Consumer
Affairs Act 1971 and includes the amendments made by the other
written laws referred to in the following table 1a. The table
also contains information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Consumer Protection
Act 1971 8 |
68 of 1971 |
22 Dec 1971 |
11 Aug 1972 (see s. 2 and Gazette
11 Aug 1972 p. 3102) |
|
Consumer Protection Act Amendment
Act 1975 |
21 of 1975 |
13 May 1975 |
23 May 1975 (see s. 2 and Gazette
23 May 1975 p. 1395) |
|
Reprint of the Consumer Affairs Act 1971
approved 12 Jul 1977 (includes amendments listed
above) |
|||
|
Consumer Affairs Act Amendment
Act 1978 |
90 of 1978 |
8 Nov 1978 |
8 Nov 1978 |
|
Consumer Affairs Amendment
Act 1980 |
66 of 1980 |
26 Nov 1980 |
26 Nov 1980 |
|
Consumer Affairs Amendment
Act 1981 |
110 of 1981 |
4 Dec 1981 |
11 Dec 1981 (see s. 2 and Gazette
11 Dec 1981 p. 5053) |
|
Consumer Affairs Amendment
Act (No. 2) 1982 |
52 of 1982 |
6 Sep 1982 |
6 Sep 1982 |
|
Acts Amendment (Prevention of Excessive Prices)
Act 1983 Pt. II |
2 of 1983 |
25 Mar 1983 |
25 Mar 1983 (see s. 2 and Gazette
25 Mar 1983 p. 1059) |
|
Consumer Affairs Amendment
Act 1983 |
24 of 1983 |
1 Dec 1983 |
1 Dec 1983 |
|
Acts Amendment (Prevention of Excessive Prices) Act (No.
2) 1983 Pt. II |
72 of 1983 |
22 Dec 1983 |
30 Dec 1983 (see s. 2) |
|
Reprint of the Consumer Affairs Act 1971
approved 22 May 1984 (includes amendments listed
above) |
|||
|
Acts Amendment (Consumer Affairs) Act 1985
Pt. II |
1 of 1985 |
8 Mar 1985 |
s. 3-9, 13, 14 and 16: 6 Apr 1983 (see
s. 2(1)); |
|
Acts Amendment (Financial Administration and Audit)
Act 1985 s. 3 |
98 of 1985 |
4 Dec 1985 |
1 Jul 1986 (see s. 2 and Gazette
30 Jun 1986 p. 2255) |
|
101 of 1987 |
18 Dec 1987 |
29 Aug 1988 (see s. 2 and Gazette
5 Aug 1988 p. 2583) |
|
|
Acts Amendment and Repeal (Fair Trading)
Act 1988 Pt. 2 |
17 of 1988 |
6 Sep 1988 |
9 Sep 1988 (see s. 2 and Gazette
9 Sep 1988 p. 3518) |
|
Legal Practitioners Amendment (Disciplinary and
Miscellaneous Provisions) Act 1992 Pt. 6 |
48 of 1992 |
10 Dec 1992 |
1 Feb 1993 (see s. 3 and Gazette
26 Jan 1993 p. 823) |
|
Financial Administration Legislation Amendment
Act 1993 s. 11 |
6 of 1993 |
27 Aug 1993 |
1 Jul 1993
(see s. 2(1)) |
|
Acts Amendment (Public Sector Management)
Act 1994 s. 3(2) |
32 of 1994 |
29 Jun 1994 |
1 Oct 1994 (see s. 2 and Gazette
30 Sep 1994 p. 4948) |
|
62 of 1994 |
7 Nov 1994 |
9 Dec 1995 (see s. 2 and Gazette
8 Dec 1995 p. 5935) |
|
|
Local Government (Consequential Amendments)
Act 1996 s. 4 |
14 of 1996 |
28 Jun 1996 |
1 Jul 1996 (see s. 2) |
|
Financial Legislation Amendment Act 1996
s. 64 |
49 of 1996 |
25 Oct 1996 |
25 Oct 1996
(see s. 2(1)) |
|
Statutes (Repeals and Minor Amendments) Act 1997
s. 39 9 |
57 of 1997 |
15 Dec 1997 |
15 Dec 1997
(see s. 2(1)) |
|
Reprint of the Consumer Affairs Act 1971 as
at 25 Mar 1999 (includes amendments listed above) |
|||
|
Statutes (Repeals and Minor Amendments) Act 2000
s. 3(7) |
24 of 2000 |
4 Jul 2000 |
4 Jul 2000 (see s. 2) |
|
Acts Amendment and Repeal (Courts and Legal Practice)
Act 2003 s. 24 |
65 of 2003 |
4 Dec 2003 |
1 Jan 2004 (see s. 2 and Gazette
30 Dec 2003 p. 5722) |
|
Acts Amendment and Repeal (Competition Policy)
Act 2003 s. 3(2) |
70 of 2003 |
15 Dec 2003 |
21 Apr 2004 (see s. 2 and Gazette
20 Apr 2004 p. 1297) |
|
Statutes (Repeals and Minor Amendments) Act 2003
s. 40(1)-(3) |
74 of 2003 |
15 Dec 2003 |
15 Dec 2003 (see s. 2) |
|
7 of 2004 |
10 Jun 2004 |
1 Mar 2008 (see s. 2 and Gazette
29 Feb 2008 p. 669) |
|
|
Reprint 4: The Consumer Affairs Act 1971 as
at 9 Jul 2004 (includes amendments listed above except the
Dangerous Goods Safety Act 2004) |
|||
|
Workers’ Compensation Reform Act 2004
s. 175 |
42 of 2004 |
9 Nov 2004 |
4 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7131) |
|
State Administrative Tribunal (Conferral of Jurisdiction)
Amendment and Repeal Act 2004 Pt. 2
Div. 24 10 |
55 of 2004 |
24 Nov 2004 |
1 Jan 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7130) |
|
Veterinary Preparations and Animal Feeding Stuffs
Amendment Act 2004 s. 4(2) |
76 of 2004 |
8 Dec 2004 |
5 Jan 2005 |
|
Criminal Procedure and Appeals (Consequential and Other
Provisions) Act 2004 s. 82 |
84 of 2004 |
16 Dec 2004 |
2 May 2005 (see s. 2 and Gazette
31 Dec 2004 p. 7129 (correction in Gazette
7 Jan 2005 p. 53)) |
|
Oaths, Affidavits and Statutory Declarations
(Consequential Provisions) Act 2005 s. 63 |
24 of 2005 |
2 Dec 2005 |
1 Jan 2006 (see s. 2(1) and Gazette
23 Dec 2005 p. 6244) |
|
12 of 2006 |
11 May 2006 |
1 Jun 2007 (see s. 2(2) and (3) and
Gazette 29 May 2007 p. 2485) |
|
|
Reprint 5: The Consumer Affairs Act 1971 as
at 16 Jun 2006 (includes amendments listed above, except those in
the Dangerous Goods Safety Act 2004 and the Trade Measurement
Administration Act 2006) |
|||
|
Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 4 Div. 7 11 |
28 of 2006 |
26 Jun 2006 |
1 Jul 2006 (see s. 2 and Gazette
27 Jun 2006 p. 2347) |
|
Consumer Protection Legislation Amendment and Repeal
Act 2006 Pt. 3 |
69 of 2006 |
13 Dec 2006 |
14 Jul 2007 (see s. 2 and Gazette
13 Jul 2007 p. 3453) |
|
Financial Legislation Amendment and Repeal Act 2006
s. 4 and 17 |
77 of 2006 |
21 Dec 2006 |
1 Feb 2007 (see s. 2(1) and Gazette
19 Jan 2007 p. 137) |
|
Legal Profession Act 2008 s. 651
|
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette
27 Feb 2009 p. 511) |
|
Reprint 6: The Consumer Affairs Act 1971 as
at 24 Oct 2008 (includes amendments listed above except those in the
Legal Profession Act 2008) |
|||
1a On the date as at which this
compilation was prepared, provisions referred to in the following table had not
come into operation and were therefore not included in this compilation. For
the text of the provisions see the endnotes referred to in the table.
Provisions that have not come
into operation
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Biosecurity and Agriculture Management (Repeal and
Consequential Provisions) Act 2007 s. 23, 29, 61, 64, 75, 83 and
86 12 |
24 of 2007 |
12 Oct 2007 |
To be proclaimed (see s. 2(1)) |
2 Legal Practitioners Amendment (Disciplinary and
Miscellaneous Provisions) Act 1992 Pt. 2 came into operation on
1 Feb 1993 (see s. 3(a) and Gazette 26 Jan 1993
p. 823).
3 Repealed by the Acts Amendment and Repeal (Fair Trading)
Act 1988.
4 Repealed by the Acts Amendment (Occupational Health, Safety
and Welfare) Act 1987.
5 Repealed by the Dairy Industry Amendment
Act 1980.
6 Repealed by the Acts Amendment (Agricultural Products) and
Repeal Act 1982.
7 Repealed by the Margarine Repeal
Act 1991.
8 Now known as the Consumer Affairs Act 1971; short
title changed (see note under s. 1).
9 The Statutes (Repeals and Minor Amendments) Act 1997
s. 39(9) reads as follows:
“
(9) The person appointed and holding office under
section 15(1) as the Commissioner for Consumer Affairs immediately before
the commencement of this section continues to hold office after that
commencement as the Commissioner for Fair Trading.
”.
10 The State Administrative Tribunal (Conferral of
Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State
Administrative Tribunal Act 2004 s. 167 and 169, and the State
Administrative Tribunal Regulations 2004 r. 28 and 42 deal with
certain transitional issues some of which may be relevant for this
Act.
11 The Machinery of Government (Miscellaneous Amendments)
Act 2006 Pt. 4 Div. 23 reads as follows:
“
Division 23 — Transitional
provisions
151. Commissioner for Fair Trading
(1) On commencement, the person holding the office of Commissioner for
Fair Trading immediately before commencement is to be taken to have been
designated as the Commissioner or Registrar (as the case requires) for the
purposes of each of the following enactments —
(a) the Associations Incorporation Act 1987;
(b) the Business Names Act 1962;
(c) the Chattel Securities Act 1987;
(d) the Companies (Co-operative) Act 1943;
(e) Part 8 of the Competition Policy Reform (Western Australia)
Act 1996;
(f) the Consumer Affairs Act 1971;
(g) the Co-operative and Provident Societies
Act 1903;
(h) the Credit Act 1984;
(i) the Credit (Administration) Act 1984;
(j) the Employment Agents Act 1976;
(k) the Hire-Purchase Act 1959;
(l) the Limited Partnerships Act 1909;
(m) the Motor Vehicle Dealers Act 1973;
(n) the Petroleum Products Pricing Act 1983;
(o) the Petroleum Retailers Rights and Liabilities
Act 1982;
(p) the Residential Tenancies Act 1987;
(q) the Retirement Villages Act 1992;
(r) the Travel Agents Act 1985.
(2) A thing done or omitted to be done by, to or in relation to, the
Commissioner for Fair Trading (including in his or her capacity as the Prices
Commissioner) before commencement under a provision of the Consumer Affairs
Act 1971 for the purposes of another enactment listed in
subsection (1) has the same effect after commencement, to the extent that
it has any force or significance after commencement, as if it had been done or
omitted —
(a) by, to or in relation to, the Commissioner or Registrar (as the case
requires) as defined in that other enactment as in force after commencement;
and
(b) where relevant, under the corresponding provision of that other
enactment as in force after commencement.
(3) To the extent that a thing done or omitted to be done by, to or in
relation to, the Commissioner for Fair Trading (including in his or her capacity
as the Prices Commissioner) before commencement under, or for the purposes of,
an enactment listed in subsection (1) is not covered by
subsection (2), it has the same effect after commencement, to the extent
that it has any force or significance after commencement, as if it had been done
or omitted by, to or in relation to, the Commissioner or Registrar (as the case
requires) as defined in that enactment as in force after commencement.
(4) A thing done or omitted to be done by, to or in relation to, the
Commissioner for Fair Trading before commencement under, or for the purposes of,
an enactment not listed in subsection (1) has the same effect after
commencement, to the extent that it has any force or significance after
commencement, as if it had been done or omitted by, to or in relation to, the
Commissioner as defined in the Consumer Affairs Act 1971 as in force
after commencement.
(5) A reference in an enactment to the Commissioner for Fair Trading is to
have effect after commencement as if it had been amended to be a reference
to —
(a) in the case of an enactment listed in subsection (1) or
subsidiary legislation made under such an enactment — the
Commissioner or Registrar (as the case requires) as defined in the enactment as
in force after commencement; or
(b) in the case of any other enactment or subsidiary
legislation — the Commissioner as defined in the Consumer Affairs
Act 1971 as in force after commencement.
152. Commissioner for Corporate Affairs and Registrar of Co-operative
and Financial Institutions
(1) A thing done or omitted to be done by, to or in relation to, the
Commissioner for Corporate Affairs before commencement under, or for the
purposes of, the Companies (Co-operative) Act 1943 has the same
effect after commencement as if it had been done or omitted by, to or in
relation to, the Registrar as defined in that Act as in force after
commencement.
(2) A thing done or omitted to be done by, to or in relation to, the
Registrar of Co-operative and Financial Institutions before commencement under,
or for the purposes of, the Co-operative and Provident Societies
Act 1903 has the same effect after commencement as if it had been done
or omitted by, to or in relation to, the Registrar as defined in that Act as in
force after commencement.
153. Consumer Affairs Act 1971
Each office in existence immediately before commencement because of
section 15(1) of the Consumer Affairs Act 1971 does not cease
merely because that subsection is repealed by this Act.
154. Petroleum Products Pricing Act 1983
Each office in existence immediately before commencement because of
section 5(2)(b) of the Petroleum Products Pricing Act 1983 does
not cease merely because that paragraph is deleted by this Act.
155. Interpretation
In this Division —
commencement means the time at which this Division comes
into operation;
Commissioner for Fair Trading means the Commissioner for
Fair Trading referred to in section 15 of the Consumer Affairs
Act 1971 as in force before commencement;
Prices Commissioner means the Prices Commissioner referred
to in section 5(1) of the Petroleum Products Pricing Act 1983
as in force before commencement.
”.
12 On the date as at which this compilation was prepared, the
Biosecurity and Agriculture Management (Repeal and
Consequential Provisions) Act 2007 s. 23, 29, 61, 64, 75, 83 and
86 had not come into operation. They read as follows:
“
23. Consumer Affairs Act 1971 amended
(1) The amendment in this section is to the Consumer Affairs
Act 1971.
(2) The Schedule is amended by deleting “Agricultural Products
Act 1929.”.
29. Consumer Affairs Act 1971 amended
(1) The amendment in this section is to the Consumer Affairs
Act 1971.
(2) The Schedule is amended by deleting “Agriculture and Related
Resources Protection Act 1976.”.
61. Consumer Affairs Act 1971 amended
(1) The amendment in this section is to the Consumer Affairs
Act 1971.
(2) The Schedule is amended by deleting “Fertilizers
Act 1977.”.
64. Consumer Affairs Act 1971 amended
(1) The amendment in this section is to the Consumer Affairs
Act 1971.
(2) The Schedule is amended by deleting “Plant Diseases
Act 1914.”.
75. Consumer Affairs Act 1971 amended
(1) The amendment in this section is to the Consumer Affairs
Act 1971.
(2) The Schedule is amended by deleting “Seeds
Act 1981.”.
83. Consumer Affairs Act 1971 amended
(1) The amendment in this section is to the Consumer Affairs
Act 1971.
(2) The Schedule is amended by deleting “Veterinary Chemical
Control and Animal Feeding Stuffs Act 1976.”.
86. Consumer Affairs Act 1971 amended
(1) The amendment in this section is to the Consumer Affairs
Act 1971.
(2) The Schedule is amended by inserting in the appropriate alphabetical
position —
“ Biosecurity and Agriculture Management Act 2007.
”.
”.
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined
Term Provision(s)
Commissioner 4(1)
Committee 4(1)
component
part 23B
consumer 4(1)
consumer affairs
authority 25A(2)
dangerous 23B
Department 4(1)
documents 4(1)
executive
officer 15(3)
goods 4(1)
information 24(3)
liability 25(3)
published 25A(2)
publishes 25A(2)
section 4(1)
services 4(1)
supply 23B