Western Australian Consolidated Acts (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.