Queensland Consolidated Acts

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      (Repealed)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     (Repealed)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     (Repealed)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     (Repealed)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     (Repealed)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      (Repealed)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           Division 2A - (Repealed)

           Division 2B - (Repealed)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           Division 6 - (Repealed)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

   88.     (Repealed)
   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

              Subdivision 1 - Seizing and returning 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

   91H.    (Repealed)
   91I.    (Repealed)
   91IA.   (Repealed)
   91J.    (Repealed)
   91K.    (Repealed)
   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