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FAIR TRADING ACT 1987 - As at 8 February 2024 - Act 68 of 1987

- As at 8 February 2024 - Act 68 of 1987

Table 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 (Repealed)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

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

  • 17AA Publication of certain information for public access
  • 17AB Exchange of information

PART 2A - PROVISIONS RELATING TO INVESTIGATIONS

Division 1 - Powers relating to investigations

Division 2 - Seized property and disposal of certain property

Division 3 - Embargo notices

PART 2B - (Repealed)

None

PART 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

  • 40 Conferral of functions and powers on certain bodies
  • 41 No doubling-up of liabilities

PART 4 - NSW CONSUMER SAFETY AND INFORMATION REQUIREMENTS

Note

Division 1 - (Repealed)

None

Division 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

  • 58 Scheme for publication of service station fuel prices

PART 4A - REGULATION OF EVENT TICKET TRANSACTIONS

Division 1 - Preliminary

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

  • 58M Interpretation and application
  • 58N Prohibition on gift card expiry dates of less than 3 years

PART 5 - REGULATION OF COMMERCIAL AGENTS

Division 1 - Preliminary

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

  • 79 Other injunctions
  • 79A Suspension of licences

PART 6A - JURISDICTION OF TRIBUNAL IN RELATION TO CONSUMER CLAIMS

Note

Division 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

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

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)

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