New South Wales Consolidated Acts

FAIR TRADING ACT 1987

- As at 7 March 2023 
- Act 68 of 1987 

TABLE OF PROVISIONS

           Long Title

   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      (Repealed)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      (Repealed)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 report

           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

   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    (Repealed)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   PART 2B - (Repealed)
   None

   PART 3 - THE AUSTRALIAN CONSUMER LAW

           Division 1 - Definitions

   26.     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

   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

   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

   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

   69.     Penalties for offences against this Act

           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

   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

   79Y.    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