New South Wales Consolidated Acts

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FAIR TRADING ACT 1987 - SECT 92

Regulations

92 Regulations

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed, or that is necessary or convenient to be prescribed, for carrying out or giving effect to this Act.
(1A) Without limiting subsection (1), the regulations may make provision for or with respect to the following--
(b) varying the times referred to in section 73 (1) of the ACL,
(c) the payment of money out of the NSW Consumer Law Fund established under section 79Y,
(d) the waiver or refund of the whole or any part of a fee for any service provided by the Secretary under this Act or the regulations.
Note : Section 73 (1) of the ACL specifies the times at which a dealer must not call on a person to negotiate an unsolicited consumer agreement or for related purposes. Section 131C (2) of the Competition and Consumer Act 2010 of the Commonwealth winds back the operation of section 73 of the ACL to the extent that it is inconsistent with a provision of a State law.
(2) A regulation may apply, adopt or incorporate, wholly or in part, and with or without modification, any standard, rule, code or specification of Standards Australia, the British Standards Institution or any other association or body and may classify or describe anything by reference to a diagram, illustration or photograph.
(3) A regulation may create an offence punishable by a penalty not exceeding 10 penalty units.
(4) A provision of a regulation may--
(a) apply generally or be limited in its application by reference to specified exceptions or factors,
(b) apply differently according to different factors of a specified kind, or
(c) may authorise any matter or thing to be from time to time determined, applied or regulated by a specified person or body,
or may do any combination of those things.



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