FAIR TRADING ACT 2010
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Object of Act
PART 2 -- Interpretation and application
Division 1 -- General interpretation
- 4 Which interpretation Act applies to ACL (WA)
- 5 Application of s. 6-9 and
- 6 Terms used
- 7 Term used: consumer
- 8 Term used: services
- 9 Further provisions about interpretation
Division 2 -- Application
- 10 Act binds Crown
- 11 Territorial application of Act
- 12 Concurrent operation of laws of other jurisdictions not limited
- 13 No contracting out
- 14 Relationship with other Acts and rules of law
- 15 Inconsistencies with other enactments
PART 3 -- The Australian Consumer Law
Division 1 -- Object and interpretation
- 16 Object of this Part
- 17 Terms used
Division 2 -- Application of Australian Consumer Law
- 18 Australian Consumer Law text
- 19 Application of Australian Consumer Law text
- 19A Tabling amending laws
- 19B Disallowance of amending laws
- 19C Commencement of amending laws
- 19D Amending laws enacted after 1 June 2021 but before commencement day
19E. Tabling of amending law taken to be publication for Standing ORDER s
- 21 Certain instruments to be published, and may be disallowed by Parliament
- 22 Term used in ACL (WA): regulator
- 23 ACL (WA), interpretation of
- 24 ACL (WA), application of
Division 3 -- References to Australian Consumer Law
- 25 References to Australian Consumer Law
- 26 References to Australian Consumer Law of other jurisdictions
Division 4 -- Application of Australian Consumer Law to Crown
- 27 Division does not apply to Commonwealth
- 28 Application law of this jurisdiction binds Crown
- 29 Application law of other jurisdictions binds Crown
- 30 Crown not liable to pecuniary penalty or prosecution
Division 5 -- Miscellaneous
- 31 No doubling-up of criminal liabilities
- 32 Offences against ACL (WA) are crimes
- 33 Pecuniary penalty proceedings under ACL (WA) s. 224, civil rules of evidence etc. apply
- 35 Sale of Goods Act 1895, inconsistency with certain provisions of ACL (WA)
Division 6 -- Transitional
- 37 Certain injunction proceedings pending at 1 Jan 2011
- 38 ACL (WA) Part 2-3 (unfair contract terms), application of to contracts made on or after 1 Jan 2011
- 39 ACL (WA) Part 3-2 Div. 2 (unsolicited consumer agreements), application of to contracts made before 1 Jan 2011 etc.
- 40 ACL (WA) s. 101 (requests for itemised bills), application of for services supplied before 1 Jan 2011
- 41 ACL (WA) s. 224(4)(c), interpretation of
PART 4 -- Codes of practice
Division 1 -- Preliminary
- 42 Outline of this PART
- 43 Term used: code of practice
Division 2 -- Development and implementation of codes of practice
- 44 Draft codes of practice, preparation of
- 45 Regulations prescribing code of practice
- 46 Interim code of practice, regulations may prescribe
Division 3 -- Enforcement of codes of practice
- 47 SAT’s powers to deal with contraventions of prescribed code of practice
- 48 Commissioner may take or defend, or assume the conduct or defence of, proceedings relating to contravention of code of practice
- 49 Provisions for proceedings Commissioner institutes, defends or assumes conduct or defence of
- 50 No doubling-up of liabilities
- 51 Action taken for breach of code of practice doesn’t preclude other civil action
- 52 Transitional provisions for codes of practice prescribed before 1 Jan 2011
- 53 Transitional provisions for undertakings under Fair Trading Act 1987 s.
- 54 Transitional provisions for contraventions of code of practice before 1 Jan 2011
PART 5 -- Administrative provisions
Division 1 -- Commissioner
- 55 Commissioner, designation and title of
- 56 General functions of Commissioner
- 57A Licensing and regulatory functions of Commissioner
- 57 Warnings and information, Commissioner may issue
- 58 Instituting, defending or assuming conduct or defence of legal proceedings on behalf of consumers or businesses
- 59 Provisions for proceedings Commissioner institutes, defends or assumes conduct or defence of
- 60 Delegation by Commissioner
- 61 Judicial notice of Commissioner’s signature etc.
Division 2 -- Offence
- 62 Advertisements not to imply approval by consumer affairs authority
Division 3 -- Advisory committees
Subdivision 1 -- Property Industry Advisory Committee
- 63A Committee established
- 63B Membership
- 63C Functions
- 63D Procedure
Subdivision 2 -- Motor Vehicle Industry Advisory Committee
- 63E Committee established
- 63F Membership
- 63G Functions
- 63H Procedure
Subdivision 3 -- Consumer Advisory Committee
- 63I Committee established
- 63J Membership
- 63K Functions
- 63L Procedure
Subdivision 4 -- Regulations prescribing committee procedures, etc.
- 63M Regulations
PART 6 -- Investigation and enforcement
Division 1 -- Preliminary
Division 2 -- Investigators
- 64 Designating people as investigators
- 65 Certificate of authority of investigator
- 66 Certificate of authority to be produced on demand
- 67 Persons assisting investigators
Division 3 -- General powers
- 68 Investigations and inquiries, Commissioner’s powers to make
- 69 Investigations and inquiries, powers for
- 70 Interviews under s. 69(1)(a), conduct of
- 71 Warrant to enter premises or motor vehicle
- 72 Warrants wanted urgently, may be obtained by telephone etc.
- 73 Warrants by telephone etc., further provisions for
- 74 Warrants, issue and effect of
- 75 Warrants, powers under to obtain access information for computers etc.
- 76 Warrants, further powers under
- 77 Damage to equipment or data, compensation for
- 78 Warrants, execution and duration of
- 79 Seizing things
- 80 Seized things, copies of to be provided
- 81 Seized things, access to by owner
- 82 Seized things, return of
- 83 Seizure, SAT may review
- 84 Seized things, forfeiture of
- 85 Forfeited things, dealing with
- 86 Privilege against self-incrimination doesn’t apply
- 87 Information obtained, use of etc.
Division 4A -- Specific powers for enforcement of licensing and regulatory provisions
- 88A Terms used
- 88B Investigations and inquiries for licensing and regulatory purposes, Commissioner’s powers to make
- 88C Authorised persons’ powers for this Division
- 88D Police assistance with investigations and inquiries
- 88E Compliance checks at regulated person’s business premises, powers for
Division 4 -- Offences
- 88 Failing to cooperate with investigation
- 89 Obstructing authorised person
PART 7 -- Criminal and civil proceedings
Division 1 -- Preliminary
- 90 Term used: person involved in a contravention of a provision of this Act
Division 2 -- Criminal proceedings
- 91 Time limit for commencing proceedings
- 92 Who may institute criminal proceedings
- 93 Court of summary jurisdiction to be constituted by magistrate
- 94 Courts’ other powers in criminal proceedings
- 94A Liability of officers for offence by body corporate
- 95 Vicarious liability of employers, principals and other persons
- 96 Defence: reasonable mistake of fact
- 97 Defences: accident, act or default of another etc.
- 98 Defence: publication of advertisements in ordinary course of business
Division 3 -- Civil proceedings
- 99 Injunctions to prevent or stop contraventions of Act
- 100 Injunctions to prevent etc. other contraventions
- 101 Injunctions, general provisions about
- 102 Interim injunctions
- 103 Final injunction may be granted if parties consent
- 104 Injunction may be rescinded or varied
- 105 Supreme and District Courts’ other powers in Part 7 proceedings
- 106 Supreme and District Courts’ powers to prohibit payments, transfers of property etc.
- 107 Contravening s. 106 order, offence
- 108 Findings of fact or admissions in certain proceedings to be evidence in others
Division 4 -- Further provisions relating to proceedings
- 109 State of mind of person, meaning of in s. 110 and 111
110. State of mind and conduct of body corporate, establishing
- 111 State of mind and conduct of principal (not a body corporate), establishing
PART 8 -- Miscellaneous
- 112 Personal information obtained officially, when may be divulged etc.
- 113 Information obtained officially may be used for certain other purposes and legislation
- 114 Protection from liability for wrongdoing
- 115 Protection from liability for publishing official statements
- 116 Regulations
PART 9 -- Transitional provisions
- 117 Regulations for transitional matters
- 118 Fair Trading (Product Information Standard) Regulation 2005 Part 4 (builders plates for recreational vessels), continuation of
- 119 Orders made before 1 Jan 2011 recalling defective goods etc., effect of
- 120 Delegations made before 1 Jan 2011, effect of
- 121 Interpretation Act 1984, application of to expiring Acts