New South Wales Consolidated Acts

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FAIR TRADING ACT 1987 - SECT 79X

Power of Secretary to establish and maintain list of unsatisfactory suppliers

79X Power of Secretary to establish and maintain list of unsatisfactory suppliers

(cf CC Act 1998, s 16)

(1) The Secretary may establish and maintain for the purposes of this Part a list to be known as the
"unsatisfactory suppliers list" .
(2) The Secretary may enter in the unsatisfactory suppliers list the name and any other prescribed particulars of--
(a) any supplier who has been the subject of an adverse report made under this Division, or
(b) any supplier who has failed to comply with the requirements of an order made under this Part within the period specified in the order, or
(c) any supplier against whom more than the prescribed number of orders has been made under this Part during the period prescribed for the purposes of this paragraph.
(3) The Secretary must not enter the name and other particulars of a supplier in the unsatisfactory suppliers list unless the supplier has first been given an opportunity to show cause as to why the name and particulars of the supplier should not be entered in the list and, having been given such an opportunity, has not shown cause within such period (not less than 7 days after the opportunity was given) as the Secretary may allow.
(4) The Secretary must remove the name and other prescribed particulars of a supplier from the unsatisfactory suppliers list at the end of the period prescribed for the purposes of this subsection, on the happening of a prescribed event or on fulfilment of prescribed conditions.
(5) The Secretary may publish in such manner as the Secretary thinks fit a copy of the unsatisfactory suppliers list or of any particulars currently entered in the list.
(6) The Secretary has qualified privilege in proceedings for defamation arising out of a publication made in accordance with subsection (5).



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