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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Fair Trading Amendment Bill 2013
Contents
1. Short title 2
2. Commencement 2
2. Act amended 2
3. Section 15 amended 2
3. Section 19 amended 3
4. Section 20 deleted 3
5. Section 32 replaced 3
32. Offences against ACL (WA) are crimes 3
6. Section 36 amended 4
7. Section 48 amended 4
8. Section 49 amended 5
9. Section 58 amended 5
10. Section 59 amended 6
11. Section 90 amended 7
12. Section 107 amended 7
13. Schedule 1 heading replaced 7
Schedule 1 -- Acts that override the Australian
Consumer Law (WA) Part 3-3
14. Schedule 2 amended 8
4--1 page i
Western Australia
LEGISLATIVE COUNCIL
Fair Trading Amendment Bill 2013
A Bill for
An Act to amend the Fair Trading Act 2010.
The Parliament of Western Australia enacts as follows:
page 1
Fair Trading Amendment Bill 2013
s. 1
1 1. Short title
2 This is the Fair Trading Amendment Act 2013.
3 2. Commencement
4 This Act comes into operation as follows --
5 (a) sections 1 and 2 -- on the day on which this Act
6 receives the Royal Assent;
7 (b) the rest of the Act -- on a day fixed by proclamation,
8 and different days may be fixed for different provisions.
9 3. Act amended
10 This Act amends the Fair Trading Act 2010.
11 4. Section 15 amended
12 (1) In section 15(1) delete "this Act or a regulation made under this
13 Act" and insert:
14
15 the Australian Consumer Law (WA) Part 3-3 or an applied
16 regulation
17
18 (2) After section 15(1) insert:
19
20 (2A) In subsection (1) --
21 applied regulation means a regulation that --
22 (a) is referred to in section 19(1)(b); and
23 (b) is applied by section 19(2)(a); and
24 (c) has effect for the purposes of the Australian
25 Consumer Law (WA) Part 3-3.
26
page 2
Fair Trading Amendment Bill 2013
s. 5
1 5. Section 19 amended
2 (1) In section 19(1)(a) delete "the commencement of this section"
3 and insert:
4
5 1 January 2013
6
7 (2) In section 19(3) delete "20,".
8 6. Section 20 deleted
9 Delete section 20.
10 7. Section 32 replaced
11 Delete section 32 and insert:
12
13 32. Offences against ACL (WA) are crimes
14 (1) A reference in this section to a person involved in the
15 commission of an offence against the Australian
16 Consumer Law (WA) is to be read as a reference to a
17 person who --
18 (a) has aided, abetted, counselled or procured the
19 commission of the offence; or
20 (b) has induced, whether by threats or promises or
21 otherwise, the commission of the offence; or
22 (c) has been in any way, directly or indirectly,
23 knowingly concerned in, or party to, the
24 commission of the offence; or
25 (d) has conspired with others to effect the
26 commission of the offence; or
27 (e) has attempted to commit the offence, or to do
28 any act of a kind referred to in paragraph (a),
29 (b), (c) or (d).
page 3
Fair Trading Amendment Bill 2013
s. 8
1 (2) A person who --
2 (a) commits an offence against the Australian
3 Consumer Law (WA); or
4 (b) is involved in the commission of an offence
5 against the Australian Consumer Law (WA),
6 is guilty of a crime.
7 Penalty: the penalty set out in the Australian Consumer
8 Law (WA).
9 Summary conviction penalty: the lesser of a fine of
10 $36 000 or the maximum penalty provided by the
11 Australian Consumer Law (WA) for the offence.
12
13 8. Section 36 amended
14 In section 36(1) delete "the commencement of section 19," and
15 insert:
16
17 1 January 2013,
18
19 9. Section 48 amended
20 (1) Delete section 48(1)(b)(ii) and insert:
21
22 (ii) that it is in the public interest that --
23 (I) the Commissioner take or, as
24 the case requires, defend those
25 proceeding on behalf of the
26 complainant; or
27 (II) if proceedings are already
28 being taken or defended by the
29 complainant with respect to the
30 matter -- the Commissioner
31 assume the conduct or defence
page 4
Fair Trading Amendment Bill 2013
s. 10
1 of those proceedings on behalf
2 of the complainant.
3
4 (2) In section 48(2) and (3) delete "take or defend" and insert:
5
6 take, defend or assume the conduct or defence of
7
8 Note: The heading to amended section 48 is to read:
9 Commissioner may take or defend, or assume the conduct or
10 defence of, proceedings relating to contravention of code of
11 practice
12 10. Section 49 amended
13 In section 49(1) delete "instituted or defended by the
14 Commissioner" and insert:
15
16 the Commissioner institutes, defends or assumes the conduct or
17 defence of
18
19 Note: The heading to amended section 49 is to read:
20 Provisions for proceedings Commissioner institutes, defends or
21 assumes conduct or defence of
22 11. Section 58 amended
23 (1) In section 58(1)(a)(ii) and (b) delete "institute or defend" and
24 insert:
25
26 institute, defend or assume the conduct or defence of
27
page 5
Fair Trading Amendment Bill 2013
s. 12
1 (2) In section 58(2)(a) after "against the consumer," insert:
2
3 or assume the conduct or defence of proceedings already
4 commenced by or against the consumer,
5
6 (3) In section 58(2)(b) delete "business." and insert:
7
8 business, or assume the conduct or defence of proceedings
9 already commenced by or against the business.
10
11 (4) In section 58(3) and (4)(a) delete "institute or defend" and
12 insert:
13
14 institute, defend or assume the conduct or defence of
15
16 (5) In section 58(4)(b) delete "instituting or defending" and insert:
17
18 instituting, defending or assuming the conduct or defence of
19
20 Note: The heading to amended section 58 is to read:
21 Instituting, defending or assuming conduct or defence of legal
22 proceedings on behalf of consumers or businesses
23 12. Section 59 amended
24 In section 59(1) delete "instituted or defended by the
25 Commissioner" and insert:
26
27 the Commissioner institutes, defends or assumes the conduct or
28 defence of
29
page 6
Fair Trading Amendment Bill 2013
s. 13
1 Note: The heading to amended section 59 is to read:
2 Provisions for proceedings Commissioner institutes, defends or
3 assumes conduct or defence of
4 13. Section 90 amended
5 In section 90 delete "Division" and insert:
6
7 Part
8
9 14. Section 107 amended
10 In section 107:
11 (a) delete "commits an offence";
12 (b) delete "person." and insert:
13
14 person is guilty of a crime.
15
16 (c) after the Penalty insert:
17
18 Summary conviction penalty: a fine of $36 000.
19
20 15. Schedule 1 heading replaced
21 Delete the heading to Schedule 1 and insert:
22
23 Schedule 1 -- Acts that override the Australian
24 Consumer Law (WA) Part 3-3
25
page 7
Fair Trading Amendment Bill 2013
s. 16
1 16. Schedule 2 amended
2 In Schedule 2 insert in alphabetical order:
3
4 Debt Collectors Licensing Act 1964
5 Employment Agents Act 1976
6 Travel Agents Act 1985
7
8
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