Western Australian Consolidated Acts

FAIR TRADING ACT 1987 - NOTES

Notes

¹ This is a compilation of the Fair Trading Act 1987 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Short title	Number and year	Assent	Commencement
Fair Trading Act 1987	108 of 1987	19 Dec 1987	Pt. I, III, IV and VII: 8 Apr 1988 (see s. 2 and Gazette 8 Apr 1988 p. 1107); balance: 9 Sep 1988 (see s. 2 and Gazette 9 Sep 1988 p. 3518)
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)
Sentencing (Consequential Provisions) Act 1995 Pt. 29	78 of 1995	16 Jan 1996	4 Nov 1996 (see s. 2 and Gazette 25 Oct 1996 p. 5632)
Local Government (Consequential Amendments) Act 1996 s. 4	14 of 1996	28 Jun 1996	1 Jul 1996 (see s. 2)
Statutes (Repeals and Minor Amendments) Act 1997 s. 39(10) and 59	57 of 1997	15 Dec 1997	15 Dec 1997 (see s. 2(1))
Corporations (Consequential Amendments) Act 2001 Pt. 24	10 of 2001	28 Jun 2001	15 Jul 2001 (see s. 2 and Gazette 29 Jun 2001 p. 3257 and Cwlth Gazette 13 Jul 2001 No. S285)
Reprint of the Fair Trading Act 1987 as at 16 Nov 2001 (includes amendments listed above)
Statutes (Repeals and Minor Amendments) Act 2003 s. 53	74 of 2003	15 Dec 2003	15 Dec 2003 (see s. 2)
Criminal Code Amendment Act 2004 s. 58	4 of 2004	23 Apr 2004	21 May 2004 (see s. 2)
Courts Legislation Amendment and Repeal Act 2004 s. 141	59 of 2004	23 Nov 2004	1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)
State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 2 Div. 45 7	55 of 2004	24 Nov 2004	1 Jan 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7130)
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 s. 80 and 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))
Reprint 2: The Fair Trading Act 1987 as at 24 Jun 2005 (includes amendments listed above)
Machinery of Government (Miscellaneous Amendments) Act 2006 Pt. 4 Div. 12 8	28 of 2006	26 Jun 2006	1 Jul 2006 (see s. 2 and Gazette 27 Jun 2006 p. 2347)
Retail Shops and Fair Trading Legislation Amendment Act 2006 Pt. 4	47 of 2006	4 Oct 2006	11 May 2007 (see s. 2 and Gazette 11 May 2007 p. 2017)
Consumer Protection Legislation Amendment and Repeal Act 2006 Pt. 5	69 of 2006	13 Dec 2006	14 Jul 2007 (see s. 2 and Gazette 13 Jul 2007 p. 3453)

Statutes (Repeals and Miscellaneous Amendments) Act 2009 s. 56

8 of 2009

21 May 2009

22 May 2009 (see s. 2(b))

² This reference, and all following references, to “TPA”, refers to the Trade Practices Act 1974 of the Commonwealth.

^3-4 Footnote no longer applicable.

⁵ Formerly referred to The Sale of Goods Act 1895, the short title of which was changed to the Sale of Goods Act 1895 by the Statutes (Repeals and Minor Amendments) Act 2003 s. 150(1). The reference was changed under the Reprints Act 1984 s. 7(3)(gb).

⁶ Now see the Broadcasting Services Act 1992 of the Commonwealth.

⁷ The State Administrative Tribunal (Conferral of Jurisdiction) Amendment and Repeal Act 2004 Pt. 5, the State Administrative Tribunal Act 2004 s. 167, and the State Administrative Tribunal Regulations 2004 r. 28 and 42 deal with certain transitional issues, some of which may be relevant to this Act.

⁸ 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.

”.