FAIR TRADING ACT 1989 - As at 1 March 2023 - Act 84 of 1989

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Short title and citation
2. (Repealed)
• 3 Objective of this Act
• 4 This part does not apply for the Australian Consumer Law (Queensland)
• 4A Application of Act
• 4B Reference to this Act or to a particular provision of the Australian Consumer Law (Queensland)
• 5 Definitions
• 5A Engaging in conduct and related matters
5B. (Repealed)
• 5C Further meaning of acquisition or supply of services
• 5D Meaning of loss or damage and amount of loss or damage
5E. (Repealed) 5F. (Repealed) 5G. (Repealed) 6. (Repealed)
• 7 Crown bound

PART 2 - COMMISSIONER FOR FAIR TRADING

• 8 Commissioner for fair trading
• 9 Other officers
• 10 Delegation by commissioner
• 11 Functions of commissioner
• 12 Acting inspectors
• 13 Aid by government departments in supplying information

PART 3 - THE AUSTRALIAN CONSUMER LAW

Division 1 - Definitions

• 14 Definitions for pt 3

Division 2 - Application of Australian Consumer Law

• 15 The Australian Consumer Law text
• 16 Application of Australian Consumer Law
• 17 Future modifications of Australian Consumer Law text
• 18 Meaning of generic terms in Australian Consumer Law for purposes of this jurisdiction
• 19 Interpretation of Australian Consumer Law
• 20 Application of Australian Consumer Law

Division 2A - (Repealed)

Division 2B - (Repealed)

Division 3 - References to Australian Consumer Law

• 21 References to Australian Consumer Law
• 22 References to Australian Consumer Law of other jurisdictions

Division 4 - Application of Australian Consumer Law to jurisdictions

• 23 Division does not apply to Commonwealth
• 24 Application law of this jurisdiction
• 25 Application law of other jurisdictions
• 26 Activities that are not business
• 27 Jurisdictions not liable to penalty or prosecution

Division 5 - Miscellaneous

• 28 Conferral of functions and powers on certain bodies
• 29 No doubling-up of liabilities

Division 6 - (Repealed)

PART 3A - PROVISIONS SUPPORTING APPLICATION OF AUSTRALIAN CONSUMER LAW AS A LAW OF QUEENSLAND

Division 1 - Infringement notices

• 30 Purpose and effect of this division
• 31 Issuing infringement notice
• 32 Matters to be included in infringement notice
• 33 Amount of penalty
• 34 Effect of compliance with infringement notice
• 35 Effect of failure to comply with infringement notice
• 36 Infringement notice compliance period for infringement notice
• 37 Withdrawal of infringement notice

Division 2 - Embargo notices

• 38 Definition for div 2
• 39 Embargo notices
• 40 Embargo period for embargo notice
40A. (Repealed)
• 41 Multiple embargo notice for supply of the same kind of goods or services from the same premises
• 42 Power of inspector to secure goods
• 43 Power of inspector to secure equipment used to supply services
• 44 Approval relating to embargoed goods or services
• 45 Compliance with embargo notice

Division 3 - Orders for the preservation of property

• 46 Court may make order for preserving money or other property held by a person
• 47 Compliance with orders made under this division

Division 4 - Court jurisdiction

• 48 Purpose and scope of division
• 49 Jurisdiction extends to provisions having wider application
• 50 Proceedings referred to court of competent jurisdiction
• 50A Tribunal’s jurisdiction for particular matters relating to motor vehicles
• 50B Expedited hearing
• 50C Costs
• 50D Constitution of tribunal
• 51 Proceedings referred to particular court

Division 5 - Miscellaneous

• 52 Miscellaneous supporting provision for proceedings for recovery of pecuniary penalties
• 53 Interpretation of offence provisions
• 53A Interpretation of unsolicited consumer agreement permitted hours provisions and termination period provision
• 54 Gazettal of notice under Australian Consumer Law (Queensland) about interim ban, recall notice or safety warning
• 55 Limitation on right to itemised bill
55A. (Repealed) 55B. (Repealed) 55C. (Repealed) 55D. (Repealed) 55E. (Repealed) 55F. (Repealed) 55G. (Repealed)

PART 3B - PROVISIONS UTILISING AUSTRALIAN CONSUMER LAW (QUEENSLAND) PROVISIONS

• 56 Australian Consumer Law (Queensland) not limited
• 57 Defences
57A. (Repealed) 57B. (Repealed) 57C. (Repealed)
• 58 Prosecutions to be commenced within 3 years
58A. (Repealed)
• 59 Preference must be given to compensation for victims
• 60 Penalties for contraventions of the same nature for FTA offence provisions
• 61 General provision about injunctions and other remedies
• 62 Undertakings for matters arising other than under Australian Consumer Law (Queensland)
• 63 Public warning notices
• 64 Pecuniary penalties for FTA consumer offence provisions
• 65 Injunctions
• 66 Actions for damages
• 67 Orders for compensation or redress
• 68 Non-punitive orders
• 69 Adverse publicity orders
• 70 Orders disqualifying a person from managing a corporation
• 71 Privilege against exposure to penalty or forfeiture—disqualification from managing a corporation
71A. (Repealed) 71B. (Repealed)
• 72 Publication of advertisement in the ordinary course of business
• 73 Supplying services for the purpose of resupply
74. (Repealed) 75. (Repealed) 76. (Repealed) 77. (Repealed) 78. (Repealed) 79. (Repealed) 80. (Repealed)

PART 4 - SAFETY AND CODES OF PRACTICE

Division 1 - (Repealed)

Division 2 - Safety provisions

• 83 Safety standards
• 84 Compliance with safety standard

Division 3 - Ministerial prohibition

• 84A Definition for div 3
• 85 Minister may make orders prohibiting or restricting supply of dangerous or undesirable services
• 85A Interim orders
• 86 Offence
• 87 Seizure etc. of goods in certain cases

Division 4 - Codes of practice

• 88A Codes of practice

PART 5 - ENFORCEMENT AND REMEDIES

Division 1 - Powers of commissioner and inspectors

• 88B Definitions for div 1
• 89 Powers of inspectors
• 90 Power to obtain information
• 91 Obstruction

Division 1A - General power of inspectors to seize goods

• 91A General power to seize goods
• 91B Returning the seized goods
Subdivision 2 - Appealing against seizure of the goods
• 91C Where and how to start appeal
• 91D Hearing procedures
• 91E Powers of Magistrates Court on appeal
• 91F Appeal to District Court on questions of law only
Subdivision 3 - Forfeiting the goods
• 91G Court hearing offence proceeding may order forfeiture of seized goods

Division 1B - Register of undertakings

• 91L Register of undertakings

Division 2 - Offences, court enforcement and remedies

• 92 Offences
92A. (Repealed)
• 92B Attempts to commit offences
• 93 Continuing offences
• 94 Proceedings for offences
• 95 Conduct by directors, servants or agents
96. (Repealed)
• 97 Proceedings for an offence against this Act
98. (Repealed) 99. (Repealed) 100. (Repealed)
• 101 Mode of enforcement of compensation
102. (Repealed) 103. (Repealed)
• 103A Examination costs

PART 6 - GENERAL

• 104 Impersonation
• 105 Reference to consumer authorities and other matters restricted
• 106 Savings of rights and remedies
• 107 Contracting out prohibited
108. (Repealed)
• 109 Limitation of action
109A. (Repealed)
• 110 Preservation of secrecy
111. (Repealed)
• 112 Evidence
• 113 Regulation-making power
• 114 Approval of forms

PART 7 - TRANSITIONAL PROVISIONS FOR EQUITY AND FAIR TRADING (MISCELLANEOUS PROVISIONS) ACT 1999

• 115 Transitional provision for references to commissioner for consumer affairs
116. (Repealed)

PART 8 - TRANSITIONAL PROVISION FOR TOURISM, RACING AND FAIR TRADING (MISCELLANEOUS PROVISIONS) ACT 2003

• 117 Transitional provision for actions for damages and compensation and other remedial orders—TPA, ss 82 and 87

PART 9 - TRANSITIONAL PROVISION FOR CRIMINAL PROCEEDS CONFISCATION AND OTHER ACTS AMENDMENT ACT 2009

• 118 Existing exemptions and applications for exemptions for section 63

PART 10 - TRANSITIONAL PROVISIONS FOR FAIR TRADING (AUSTRALIAN CONSUMER LAW) AMENDMENT ACT 2010

• 119 Definitions for this part
• 120 Transitional provision for references to Office of Consumer Affairs or Office of Fair Trading
• 121 Transitional provision relating to undertakings and the register of undertakings
• 122 Proceedings
• 123 Unfair contract terms
• SCHEDULE - Subject matters for regulations