Western Australian Consolidated Acts

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FAIR TRADING ACT 1987 - SECT 42

42 .         Preparation of draft code of practice

        (1)         The Commissioner may with the approval of the Minister, and shall if the Minister so directs, prepare for consideration by the Minister a draft code of practice for fair dealing — 

            (a)         between a particular class of suppliers and consumers; or

            (b)         by a particular class of persons in relation to consumers,

                and for the purposes of this Part section 6(2) shall not have effect.

        (2)         Subject to subsections (3) and (4) for the purpose of preparing a draft code of practice, the Commissioner shall arrange for consultation with, and invite submissions from, such persons and organisations who or which would have an interest in the terms of the proposed draft code of practice.

        (3)         For the purposes of subsection (2) the Commissioner shall consult with and invite submissions from:

            (a)         such principal organisations that represent suppliers to consumers of goods, services or land in any affected business likely to be affected by the terms of the draft code of practice; and

            (b)         principal organisations representing consumers.

        (4)         Before submitting a draft code pursuant to subsection (5) the Commissioner shall cause to be published throughout the State a notice that a draft code has been prepared for submission and inviting comment thereon from any person within a reasonable time. Copies of the draft code shall be made available on request and the notice shall state the place from which copies can be obtained.

        (5)         If the Commissioner is satisfied that associated persons in a field of trade or commerce have, in consultation with organisations representing consumers and other interested persons, agreed to abide by a particular code of practice in their dealings with or in relation to consumers, the Commissioner may submit the code to the Minister for consideration together with any recommendations by the Commissioner with respect to amendments to the code.



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