FAIR TRADING ACT 1987 - As at 8 February 2024 - Act 68 of 1987
- As at 8 February 2024 - Act 68 of 1987Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Extent to which Act binds the Crown
- 4 Definitions 5. (Repealed)
- 5A Extraterritorial application
PART 2 - ADMINISTRATIVE MATTERS
Division 1 - Secretary and staff
- 6 Control and direction by Minister 7. (Repealed)
- 8 Delegation by Secretary
- 9 Functions of Secretary
- 9A (Renumbered)
- 9B Advisory committees
- 10 Exclusion of liability
- 11 Annual reporting information
Division 2 - Legal assistance
- 11A Definition of court
- 12 Making of application for legal assistance
- 13 Grant of legal assistance
- 14 Assignment to Australian legal practitioner of case of assisted person
- 15 Court proceedings to which assisted person is a party
- 16 Costs and expenses etc relating to proceedings to which assisted person is a party
- 17 Privilege attaching to certain relationships
Division 3 - Disclosure and sharing of information
PART 2A - PROVISIONS RELATING TO INVESTIGATIONS
Division 1 - Powers relating to investigations
- 17A Definition
- 18 Office and identification of investigator
- 19 Powers of entry
- 19A Powers of search and seizure under search warrant
- 20 Power to obtain information, documents and evidence
- 21 Inspection of documents by Secretary and others
- 22 Preservation of secrecy
- 23 Obstruction etc of employees
Division 2 - Seized property and disposal of certain property
- 23A Dealing with property
- 23B Court orders relating to disposal of certain consumer goods 23C. (Repealed)
Division 3 - Embargo notices
- 23D Embargo notices
- 23E Embargo period for embargo notices
- 23F Multiple embargo notices for the same consumer goods or product related services
- 23G Powers of investigators to secure consumer goods
- 23H Consent to deal with embargoed consumer goods or equipment or supply product related services
- 23I Compliance with embargo notices
PART 2B - (Repealed)
NonePART 3 - THE AUSTRALIAN CONSUMER LAW
Division 1 - Definitions
Division 2 - Application of Australian Consumer Law
- 27 The Australian Consumer Law text
- 28 Application of Australian Consumer Law
- 29 Future modifications of Australian Consumer Law text
- 30 Meaning of generic terms in Australian Consumer Law for purposes of this jurisdiction
- 31 Interpretation of Australian Consumer Law
- 32 Application of Australian Consumer Law
Division 3 - References to Australian Consumer Law
- 33 References to Australian Consumer Law
- 34 References to Australian Consumer Law of other jurisdictions
Division 4 - Application of Australian Consumer Law to Crown
- 35 Division does not apply to Commonwealth
- 36 Application law of this jurisdiction
- 37 Application law of other jurisdictions
- 38 Activities that are not business
- 39 Crown not liable to pecuniary penalty or prosecution
Division 5 - Miscellaneous
PART 4 - NSW CONSUMER SAFETY AND INFORMATION REQUIREMENTS
NoteDivision 1 - (Repealed)
NoneDivision 2 - Product recall etc
- 45 Requirement to notify recall of goods to persons outside New South Wales
- 46 Certain amounts recoverable as debt or damages
- 47 Certain action not to affect insurance contracts
Division 2A - Provisions relating to disclosure requirements and information standards
- 47A Disclosure of prejudicial terms relating to supply of goods or services
- 47B Disclosure of referral fees, commissions, etc
- 47C Information standards
- 47D Compliance with information standard
Division 3 - Employment placement services
- 48 Interpretation
- 49 Certain fees and charges prohibited in connection with employment placement services 50. (Repealed)
Division 4 - Industry code for motor vehicle insurers and repairers
- 51 Definitions
- 52 Object of Division
- 53 Declaration of industry code of conduct in relation to motor vehicle insurers and repairers
- 54 Compliance with applicable industry code of conduct
Division 4A - Code of conduct for short-term rental accommodation industry
- 54A Definitions
- 54B Declaration of code of conduct applying to short-term rental accommodation industry participants
- 54C Offence
- 54D Civil penalty for contravention of code of conduct
- 54E Code of conduct prevails over development consent conditions
Division 5 - Funeral goods and services
55, 56. (Repealed)- 57 Review of Division
Division 6 - Publication of service station fuel prices
PART 4A - REGULATION OF EVENT TICKET TRANSACTIONS
Division 1 - Preliminary
- 58A Definitions
- 58B Tickets to which Part applies
- 58C Event organisers
Division 2 - Resale of tickets
- 58D Definitions
- 58E Original supply cost and original acquisition cost--meaning
- 58F Prohibited advertisement--meaning
- 58G Prohibition on ticket resale profit
- 58H Supply of tickets not to be made contingent on other purchases
- 58I Ticket resale advertising
- 58J Certain resale restrictions void
Division 3 - Online purchase of tickets
- 58K Prohibited conduct in relation to use of ticketing websites
Division 4 - Public disclosure of ticketing information
- 58L Minister may require notification of number of tickets available for general public sale
PART 4B - GIFT CARDS
PART 5 - REGULATION OF COMMERCIAL AGENTS
Division 1 - Preliminary
- 59 Definitions
- 60 Commercial agent activity
- 60A Disqualified persons
Division 2 - Carrying out commercial agent activities
- 60B Disqualified person must not carry out commercial agent activity
- 60C Field agents and employers of field agents require licence
- 60D Fit and proper person
- 60E Issue of commercial agent licence
- 60EA Time period for restoration of commercial agent licences
Division 3 - Enforcement
- 60F Secretary may require person to show cause
- 60G Exclusion orders and restriction orders
- 60H Cancelling commercial agent licence
Division 4 - Miscellaneous
- 60I Administrative review by Tribunal
- 60J Register
- 60K Commercial agent rules
- 60L Exchange of information
- 60M Part does not apply to certain persons
- 60N Review of Part
PART 6 - ENFORCEMENT AND REMEDIES
Division 1 - Interpretation and application
- 61 Interpretation
Division 2 - Enforcement provisions applying to ACL offences and local offences
- 62 Enforcement provisions of ACL that extend to local offences
- 63 Offences against this Act
- 64 Penalties for contraventions
- 65 Compensation orders by Local Court on conviction of person
- 66 Other orders that may be made by court on conviction
- 67 Penalty notices
- 68 Proceedings for offences
Division 3 - Enforcement provisions applying to local offences only
Division 4 - Remedies applying to ACL matters and local matters
- 70 Remedy provisions of ACL that extend to local matters
- 71 Declarations by Supreme Court concerning unfair contract terms
- 72 Show cause action may be taken by Secretary
- 73 Trading prohibition orders
- 74 Actions for damages and compensation orders
- 75 Contributory acts or omissions to reduce compensation in defective goods actions
- 76 Compensation orders etc arising out of unfair contract terms
- 77 Remedy for supply of goods in contravention of certain provisions
- 78 Court may make orders for the purpose of preserving money or other property held by a person
Division 5 - Remedies applying to local matters only
PART 6A - JURISDICTION OF TRIBUNAL IN RELATION TO CONSUMER CLAIMS
NoteDivision 1 - Preliminary
- 79B Objects of this Part
- 79C Conferral of jurisdiction under this or any other Act not affected
- 79D Definitions
- 79E Meaning of "consumer claim"
- 79F Meaning of "services"
- 79G Meaning of "supply"
- 79H Persons presumed to be consumers
Division 2 - Application to and jurisdiction of Tribunal
- 79I Consumer may apply to Tribunal
- 79J General statement of jurisdiction
- 79K Supply or agreement made, or supply intended to be made, in New South Wales
- 79L Limitation periods
- 79M Claim relating to solicitor's or barrister's costs
Division 3 - Orders of Tribunal
- 79N Orders in favour of claimant
- 79O Orders in favour of respondent
- 79P Orders where more than one respondent
- 79Q Other matters relating to orders under section 79N, 79O or 79P
- 79R Interim and ancillary orders
- 79S Monetary limit on Tribunal's jurisdiction to make orders
- 79T Suspension of orders
- 79U Matters to be considered by Tribunal when making orders
- 79V Joint liability
Division 4 - Miscellaneous
- 79W Certain matters to be reported to President of Tribunal or to Minister
- 79X Power of Secretary to establish and maintain list of unsatisfactory suppliers
PART 7 - NSW CONSUMER LAW FUND
PART 8 - GENERAL
Division 1 - Evidence
- 80 Evidence as to publication
- 81 Allegation of consumer
- 82 Certificate of analyst
- 83 Evidence of standards etc
- 84 Evidence as to certain matters
- 85 Permission, consent or approval of Minister
- 85A Findings in certain proceedings to be evidence
Division 2 - Miscellaneous
- 86 Intervention by Minister or Secretary
- 86A Public warning statements
- 86AA Publication of information about complaints
- 86AB Provision of information about complaints not affected by non-disclosure agreement
- 86B Register of undertakings
- 87 Publication of certain statements prohibited
- 87A Conduct by directors, servants or agents
- 88 Service of notices etc
- 88A Relationship with certain provisions of other Acts
- 89 Saving of rights and remedies 90. (Repealed)
- 91 Savings and transitional provisions
- 92 Regulations 93. (Repealed)
- SCHEDULE 1 Schedule 2 (Repealed)
- SCHEDULE 3 Schedule 4A (Repealed)
- SCHEDULE 5 Schedule 6 (Repealed)
- SCHEDULE 7