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Western Australia
Acts Amendment (Fair Trading) Bill 2010
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Fair Trading Act 2010
amended
3. Act amended 3
4. Section 58A inserted 3
58A. Licensing and regulatory functions of
Commissioner 3
5. Section 63 amended 4
6. Part 5 Division 3 inserted 4
Division 3 -- Advisory committees
Subdivision 1 -- Property Industry Advisory
Committee
64A. Property Industry Advisory Committee 4
64B. Membership 5
64C. Functions 5
64D. Committee may regulate own procedure 5
Subdivision 2 -- Motor Vehicle Industry Advisory
Committee
64E. Motor Vehicle Industry Advisory
Committee 6
64F. Membership 6
64G. Functions 6
64H. Committee may regulate own procedure 6
Subdivision 3 -- Consumer Advisory Committee
64I. Consumer Advisory Committee 7
64J. Membership 7
64K. Functions 7
64L. Committee may regulate own procedure 7
159--1 page i
Acts Amendment (Fair Trading) Bill 2010
Contents
Subdivision 4 -- Regulations prescribing committee
procedures, etc.
64M. Regulations 8
7. Section 64 amended 8
8. Part 6 Division 4A inserted 9
Division 4A -- Specific powers for enforcement of
licensing and regulatory provisions
89A. Terms used 9
89B. Investigation and inquiry by Commissioner
for licensing and regulatory purposes 9
89C. Authorised persons may exercise
investigative powers 10
89D. Police assistance with investigations and
inquiries 10
89E. Compliance checks at regulated person's
business premises 11
9. Section 89 amended 12
10. Section 90 amended 12
11. Section 113 amended 13
12. Schedule 2 inserted 14
Schedule 2 -- Registration Acts
Part 3 -- Land Valuers Licensing
Act 1978 amended
13. Act amended 15
14. Section 4 amended 15
15. Part II heading deleted 15
16. Part II Division 1 deleted 15
17. Part II Division 2 heading deleted 16
18. Sections 12 to 14 deleted 16
19. Section 15 replaced 16
15. Powers of investigation 16
20. Sections 15A to 15C deleted 16
21. Section 17 amended 16
22. Section 18 amended 16
23. Section 19A amended 17
24. Section 21 amended 17
25. Section 22 amended 17
26. Section 31 amended 17
27. Section 32 deleted 18
28. Section 33 replaced 18
page ii
Acts Amendment (Fair Trading) Bill 2010
Contents
33. Confidentiality of information officially
obtained 18
29. Section 36 amended 18
30. Part VI inserted 18
Part VI -- Miscellaneous transitional matters
37. Terms used 18
38. Former Board abolished 19
39. References to the former Board 19
40. Immunity continues 19
41. Notices of maximum amounts of
remuneration 19
42. Unfinished proceedings by the former
Registrar 20
43. Unfinished proceedings by the former
Board 20
44. Winding-up by the former Board 20
45. Final report by the former Board 21
46. Powers in relation to transitional matters 21
31. Various references to "Commissioner" inserted 23
Part 4 -- Motor Vehicle Dealers
Act 1973 amended
32. Act amended 25
33. Long title amended 25
34. Section 5 amended 25
35. Section 5B inserted 25
5B. Person may be taken to be a dealer 25
36. Section 5AA deleted 27
37. Section 6 replaced 27
6. Powers of investigation 27
38. Part II heading amended 27
Licensing, registration, powers and offences
39. Part II Division 1 deleted 27
40. Section 16 amended 27
41. Section 17 amended 27
42. Section 18 amended 28
43. Section 22 amended 28
44. Section 23 amended 28
45. Section 24 amended 29
46. Section 32K amended 29
47. Section 50 replaced 29
50. Confidentiality of information officially
obtained 29
page iii
Acts Amendment (Fair Trading) Bill 2010
Contents
48. Section 51 amended 30
49. Part V inserted 30
Part V -- Miscellaneous transitional matters
57. Terms used 30
58. Former Board abolished 31
59. References to the former Board 31
60. Immunity continues 31
61. Unfinished investigations by the former
Board 31
62. Unfinished proceedings by the former
Board 31
63. Winding-up by the former Board 32
64. Final report by the former Board 32
65. Powers in relation to transitional matters 33
50. Various references to "Commissioner" inserted 34
Part 5 -- Motor Vehicle Repairers
Act 2003 amended
51. Act amended 39
52. Long title amended 39
53. Section 3 amended 39
54. Section 7 replaced 40
7. Powers of investigation 40
55. Section 21 deleted 40
56. Section 32 amended 40
57. Section 35 amended 41
58. Section 36 amended 41
59. Section 62 amended 41
60. Part 6 heading replaced 41
Part 6 -- Disciplinary powers
61. Section 65 replaced 41
65. Application of Part 41
62. Sections 66 and 67 deleted 42
63. Section 68 amended 42
64. Section 70 amended 43
65. Section 71 amended 43
66. Section 73 amended 43
67. Section 74 deleted 43
68. Section 76 deleted 44
69. Section 77 amended 44
70. Section 78 amended 44
71. Section 80 amended 44
page iv
Acts Amendment (Fair Trading) Bill 2010
Contents
72. Section 85 amended 45
73. Section 97 amended 46
74. Section 111 replaced 46
111. Confidentiality of information officially
obtained 46
75. Sections 112 and 113 deleted 46
76. Section 116 deleted 46
77. Part 11 replaced 46
Part 11 -- Transitional provisions
120. Terms used 46
121. Unfinished proceedings by the former
Board 47
122. Powers in relation to transitional matters 47
78. Schedule 2 amended 49
79. Various references to "Commissioner" inserted 49
Part 6 -- Real Estate and Business
Agents Act 1978 amended
80. Act amended 56
81. Section 4 amended 56
82. Section 5 deleted 56
83. Part II heading replaced 57
Part II -- Advisory Committee and review
84. Part II amended 57
85. Part II Division 3 heading deleted 57
86. Sections 19, 20 and 21 deleted 57
87. Section 22 inserted 57
22. Powers of investigation 57
88. Section 23 amended 57
89. Section 23A amended 58
90. Section 23C amended 59
91. Section 24 amended 59
92. Section 25 amended 60
93. Section 33 amended 60
94. Section 34A amended 60
95. Section 43 amended 61
96. Section 49 amended 61
97. Section 50A amended 61
98. Section 62 amended 61
99. Section 70 amended 62
100. Section 83 amended 62
page v
Acts Amendment (Fair Trading) Bill 2010
Contents
101. Section 94 amended 62
102. Section 100 replaced 62
100. Financial institutions to disclose agent's
account on request 62
103. Section 109 amended 63
104. Section 110 amended 63
105. Section 112 amended 64
106. Section 113 amended 64
107. Section 115 amended 65
108. Section 116 amended 66
109. Section 117 amended 66
110. Section 118 amended 66
111. Section 119 amended 67
112. Section 120 amended 67
113. Section 121 amended 68
114. Section 123 amended 69
115. Section 124 amended 69
116. Section 124C amended 69
117. Part IX heading amended 70
118. Section 125 amended 70
119. Section 131D amended 71
120. Section 131E amended 71
121. Section 131G amended 71
122. Sections 131H, 131I, 131J, 131K and 131KA
deleted 71
123. Section 131L amended 71
124. Section 131M amended 71
125. Section 131N amended 73
126. Section 131O amended 73
127. Section 135 amended 74
128. Section 137 replaced 75
137. Protection from liability 75
129. Section 138 replaced 75
138. Confidentiality of information officially
obtained 75
130. Section 145 amended 76
131. Part XI Division 1 heading inserted 76
Division 1 -- Savings and transitional (1978)
132. Part XI Division 2 inserted 76
Division 2 -- Savings and transitional (2010)
148. Terms used 76
149. Former Board abolished 77
page vi
Acts Amendment (Fair Trading) Bill 2010
Contents
150. References to the former Board 77
151. Immunity continues 77
152. Notices by the former Board 77
153. References to a former Registrar 77
154. Unfinished investigations by the former
Board 78
155. Unfinished proceedings by the former
Board 78
156. Winding-up the former Board 79
157. Final report by the former Board 80
158. Board staff 80
159. Powers in relation to transitional matters 81
133. Schedule amended 82
134. Various references to "Commissioner" inserted 82
Part 7 -- Settlement Agents Act 1981
amended
135. Act amended 91
136. Section 3 amended 91
137. Part II amended 91
138. Sections 19, 20 and 21 deleted 92
139. Section 22 inserted 92
22. Powers of investigation 92
140. Section 23 amended 92
141. Section 24 amended 92
142. Section 25 amended 93
143. Section 33 amended 93
144. Section 34A amended 93
145. Section 43 amended 94
146. Section 44 amended 94
147. Section 51 amended 94
148. Section 64 amended 94
149. Section 75 amended 95
150. Section 81 replaced 95
81. Duty of managers of financial institutions 95
151. Section 87 amended 96
152. Section 88 amended 96
153. Section 90 amended 96
154. Section 92 amended 96
155. Section 93 amended 97
156. Section 94 amended 97
157. Section 95 amended 98
158. Section 96 amended 99
page vii
Acts Amendment (Fair Trading) Bill 2010
Contents
159. Section 97 amended 99
160. Section 98 amended 99
161. Section 99 amended 100
162. Section 101 amended 101
163. Section 102 amended 101
164. Section 102A amended 102
165. Section 102B amended 102
166. Section 102C amended 102
167. Part VI heading amended 103
168. Section 103 amended 103
169. Section 112 amended 103
170. Section 114 amended 104
171. Section 115 replaced 104
115. Protection from liability 104
172. Section 116 replaced 105
116. Confidentiality of information officially
obtained 105
173. Section 123 amended 105
174. Part VIII replaced 105
Part VIII -- Savings and transitional
124. Terms used 105
125. Former Board abolished 106
126. References to the former Board 106
127. Immunity continues 106
128. Notices and rules made by the former
Board 106
129. References to a former Registrar 107
130. Unfinished investigations by the former
Board 107
131. Unfinished proceedings by the former
Board 107
132. Winding-up the former Board 108
133. Final report by the former Board 109
134. Board staff 109
135. Powers in relation to transitional matters 110
175. Schedule 1 amended 111
176. Various references to "Commissioner" inserted 111
Part 8 -- Miscellaneous amendments
to other Acts
Division 1 -- The Commissioner in some
registration Acts
177. Motor Vehicle Dealers Act 1973 amended 118
page viii
Acts Amendment (Fair Trading) Bill 2010
Contents
178. Motor Vehicle Repairers Act 2003 amended 118
Division 2 -- The Commissioner in other Acts
179. Builders' Registration Act 1939 amended 118
180. Co-operatives Act 2009 amended 119
181. Debt Collectors Licensing Act 1964 amended 119
182. Local Government Act 1995 amended 119
183. State Administrative Tribunal Act 2004 amended 119
184. Machinery of Government (Miscellaneous
Amendments) Act 2006 amended 120
Division 3 -- Investigation powers
185. Business Names Act 1962 amended 120
31D. Powers of investigation 120
186. Chattel Securities Act 1987 amended 120
30D. Powers of investigation 120
187. Hire-Purchase Act 1959 amended 121
36C. Powers of investigation 121
188. Limited Partnerships Act 1909 amended 121
189. Residential Tenancies Act 1987 amended 121
11B. Powers of investigation 121
190. Retirement Villages Act 1992 amended 122
11B. Powers of investigation 122
Division 4 -- Committee amendments
191. Constitution Acts Amendment Act 1899 amended 122
Division 5 -- Other Fair Trading Act 2010
amendments
192. Biosecurity and Agriculture Management (Repeal
and Consequential Provisions) Act 2007 amended 123
23. Fair Trading Act 2010 amended 123
29. Fair Trading Act 2010 amended 123
61. Fair Trading Act 2010 amended 123
64. Fair Trading Act 2010 amended 124
75. Fair Trading Act 2010 amended 124
83. Fair Trading Act 2010 amended 124
86. Fair Trading Act 2010 amended 124
193. Civil Liability Act 2002 amended 125
194. Credit (Administration) Act 1984 amended 125
195. Education Service Providers (Full Fee Overseas
Students) Registration Act 1991 amended 125
196. Higher Education Act 2004 amended 125
197. Legal Aid Commission Act 1976 amended 126
198. Medical Practitioners Act 2008 amended 126
199. Retirement Villages Act 1992 amended 126
page ix
Acts Amendment (Fair Trading) Bill 2010
Contents
200. Trade Measurement Act 2006 amended 127
102. Operation of Fair Trading Act 2010 not
affected 127
page x
Western Australia
LEGISLATIVE ASSEMBLY
Acts Amendment (Fair Trading) Bill 2010
A Bill for
An Act to --
• shift the functions of various regulatory and licensing Boards to
the Commissioner under the Fair Trading Act 2010; and
• establish certain investigatory and enforcement powers in
relation to certain regulated persons; and
• enable the establishment of various consumer advisory
committees under the Fair Trading Act 2010,
and to make amendments to various Acts as a consequence of
enacting the Fair Trading Act 2010 and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Acts Amendment (Fair Trading) Bill 2010
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Acts Amendment (Fair Trading) Act 2010.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) Part 8 Division 1 -- on the day on which the Fair
9 Trading Act 2010 section 57 comes into operation,
10 but --
11 (i) if sections 34 and 53 of this Act come into
12 operation on that day, Part 8 Division 1 of this
13 Act does not come into operation; or
14 (ii) if sections 34 and 53 of this Act come into
15 operation after that day, section 36 of this Act
16 does not come into operation;
17 (c) the rest of the Act -- on a day fixed by proclamation,
18 and different days may be fixed for different provisions.
page 2
Acts Amendment (Fair Trading) Bill 2010
Fair Trading Act 2010 amended Part 2
s. 3
1 Part 2 -- Fair Trading Act 2010 amended
2 3. Act amended
3 This Part amends the Fair Trading Act 2010.
4 Note: The Fair Trading Bill 2010 is currently before Parliament.
5 4. Section 58A inserted
6 After section 57 insert:
7
8 58A. Licensing and regulatory functions of
9 Commissioner
10 The Commissioner has the following functions with
11 respect to the licensing, registration and certification
12 schemes provided for in the Acts specified in
13 Schedule 2 --
14 (a) to administer the scheme of licensing,
15 registration and certification established under
16 those Acts;
17 (b) to conduct and promote education and provide
18 advisory services for persons who are licensed,
19 registered or certificated under those Acts, or
20 involved in the administration of those Acts,
21 and for members of the public on --
22 (i) matters relating to the operation of those
23 Acts;
24 (ii) matters relating to the operations of
25 persons who are licensed, registered or
26 certificated under those Acts;
27 (c) to advise the Minister as to the general
28 administration of those Acts;
29 (d) to make recommendations and submit
30 proposals to the Minister from time to time
page 3
Acts Amendment (Fair Trading) Bill 2010
Part 2 Fair Trading Act 2010 amended
s. 5
1 with respect to regulations to be made under
2 those Acts;
3 (e) to carry out any other functions conferred on
4 the Commissioner under those Acts.
5
6 5. Section 63 amended
7 In section 63(1) in the definition of consumer affairs authority:
8 (a) after paragraph (a)(i) insert:
9
10 (iia) an advisory committee appointed under
11 Division 3; or
12
13 (b) in paragraph (b)(ii) delete "body or authority referred to
14 in paragraph (a)(ii)" and insert:
15
16 body, an advisory committee or an
17 authority referred to in
18 paragraph (a)(iia) or (a)(ii)
19
20 6. Part 5 Division 3 inserted
21 At the end of Part 5 insert:
22
23 Division 3 -- Advisory committees
24 Subdivision 1 -- Property Industry Advisory Committee
25 64A. Property Industry Advisory Committee
26 A committee called the Property Industry Advisory
27 Committee is established.
page 4
Acts Amendment (Fair Trading) Bill 2010
Fair Trading Act 2010 amended Part 2
s. 6
1 64B. Membership
2 (1) The Committee consists of --
3 (a) the Commissioner ex officio; and
4 (b) 8 other members or such other number of
5 persons as may be prescribed, appointed by the
6 Minister in accordance with the regulations.
7 (2) One of the members appointed under subsection (1)(b)
8 is to be appointed as Chairperson.
9 64C. Functions
10 The functions of the Committee are to advise the
11 Minister and the Commissioner on --
12 (a) the regulation of the real estate, settlement and
13 land valuation industries in Western Australia,
14 including the licensing, regulation and training
15 of persons or businesses who or which
16 undertake the functions of a real estate agent,
17 real estate sales representative, business agent,
18 business sales representative, settlement agent
19 or land valuer; and
20 (b) the provision by the Commissioner of
21 education, information and advice to consumers
22 and to the real estate, settlement and land
23 valuation industries in Western Australia; and
24 (c) the criteria required for applications under the
25 Real Estate and Business Agents Act 1978
26 section 131O; and
27 (d) any matter referred to the Committee by the
28 Minister or the Commissioner.
29 64D. Committee may regulate own procedure
30 (1) The Committee may regulate its own procedure.
31 (2) Subsection (1) is subject to the regulations.
page 5
Acts Amendment (Fair Trading) Bill 2010
Part 2 Fair Trading Act 2010 amended
s. 6
1 Subdivision 2 -- Motor Vehicle Industry Advisory
2 Committee
3 64E. Motor Vehicle Industry Advisory Committee
4 A committee called the Motor Vehicle Industry
5 Advisory Committee is established.
6 64F. Membership
7 (1) The Committee consists of --
8 (a) the Commissioner ex officio; and
9 (b) 8 other members or such other number of
10 persons as may be prescribed, appointed by the
11 Minister in accordance with the regulations.
12 (2) One of the members appointed under subsection (1)(b)
13 is to be appointed as Chairperson.
14 64G. Functions
15 The functions of the Committee are to advise the
16 Minister and the Commissioner on --
17 (a) the regulation of the motor vehicle dealing and
18 repair industry in Western Australia, including
19 the licensing, certification and training of
20 persons or businesses who or which engage in
21 motor vehicle dealing and repair; and
22 (b) the provision by the Commissioner of
23 education, information and advice to consumers
24 and to the motor vehicle dealing and repair
25 industry in Western Australia; and
26 (c) any matter referred to the Committee by the
27 Minister or the Commissioner.
28 64H. Committee may regulate own procedure
29 (1) The Committee may regulate its own procedure.
page 6
Acts Amendment (Fair Trading) Bill 2010
Fair Trading Act 2010 amended Part 2
s. 6
1 (2) Subsection (1) is subject to the regulations.
2 Subdivision 3 -- Consumer Advisory Committee
3 64I. Consumer Advisory Committee
4 A committee called the Consumer Advisory
5 Committee is established.
6 64J. Membership
7 (1) The Committee consists of --
8 (a) the Commissioner ex officio; and
9 (b) 8 other members or such other number of
10 persons as may be prescribed, appointed by the
11 Minister in accordance with the regulations.
12 (2) One of the members appointed under subsection (1)(b)
13 is to be appointed as Chairperson.
14 64K. Functions
15 The functions of the Committee are to advise the
16 Minister and the Commissioner on --
17 (a) the activities and policies of the Department as
18 they affect consumers; and
19 (b) current and emerging consumer issues; and
20 (c) research and education projects relating to
21 consumers; and
22 (d) any matter referred to the Committee by the
23 Minister or the Commissioner.
24 64L. Committee may regulate own procedure
25 (1) The Committee may regulate its own procedure.
26 (2) Subsection (1) is subject to the regulations.
page 7
Acts Amendment (Fair Trading) Bill 2010
Part 2 Fair Trading Act 2010 amended
s. 7
1 Subdivision 4 -- Regulations prescribing committee
2 procedures, etc.
3 64M. Regulations
4 (1) The regulations may provide for the constitution and
5 operation of the advisory committees established under
6 this Division.
7 (2) Without limiting the generality of subsection (1), the
8 regulations may --
9 (a) require that persons appointed as members of a
10 committee --
11 (i) possess particular expertise or
12 qualifications; or
13 (ii) represent particular interest groups,
14 industries or occupations;
15 (b) provide for the number of members, the
16 manner, and terms and conditions of
17 appointment, and the resignation and removal
18 of members of the committees;
19 (c) provide for the appointment of deputies of
20 members;
21 (d) provide for the manner in which members of
22 the committees are to disclose interests;
23 (e) regulate the procedure for meetings of the
24 committees, including the quorum for
25 meetings;
26 (f) provide for the remuneration of members of the
27 committees (other than a member ex officio).
28
29 7. Section 64 amended
30 In section 64 in the definition of authorised person delete
31 paragraph (c) and insert:
page 8
Acts Amendment (Fair Trading) Bill 2010
Fair Trading Act 2010 amended Part 2
s. 8
1
2 (c) an investigator, or a police officer assisting in
3 an investigation under section 89D;
4
5 8. Part 6 Division 4A inserted
6 After Part 6 Division 3 insert:
7
8 Division 4A -- Specific powers for enforcement of
9 licensing and regulatory provisions
10 89A. Terms used
11 In this Division --
12 authorisation means a licence, registration, approval,
13 permit, exemption, certificate or other form of
14 authority;
15 registration Act means an Act listed in Schedule 2;
16 regulated activity means an occupation or activity that
17 can be lawfully carried on only under an authorisation
18 granted or obtained under a registration Act;
19 regulated person means a person who carries on a
20 regulated activity.
21 89B. Investigation and inquiry by Commissioner for
22 licensing and regulatory purposes
23 (1) For the purposes of performing the Commissioner's
24 functions under section 58A, the Commissioner may,
25 of the Commissioner's own motion, make any
26 investigation or inquiry that the Commissioner
27 considers necessary or expedient for any of the
28 following purposes --
29 (a) determining any application or other matter
30 before the Commissioner;
page 9
Acts Amendment (Fair Trading) Bill 2010
Part 2 Fair Trading Act 2010 amended
s. 8
1 (b) determining whether or not a regulated person
2 is or has been complying with --
3 (i) the conditions, if any, of their
4 authorisation; or
5 (ii) the requirements of the registration Act
6 under which he or she holds an
7 authorisation; or
8 (iii) a code of conduct applying to the
9 regulated person under a registration
10 Act;
11 (c) determining whether or not any other cause
12 exists that might be considered by the
13 Commissioner to be grounds for disciplinary
14 action against a regulated person under a
15 registration Act;
16 (d) detecting offences against a registration Act.
17 (2) An authorised person may make an investigation or
18 inquiry under this section on behalf of the
19 Commissioner.
20 89C. Authorised persons may exercise investigative
21 powers
22 Authorised persons may exercise the powers set out in
23 Division 3 for the purposes of the performance of any
24 function under this Division.
25 89D. Police assistance with investigations and inquiries
26 (1) The Commissioner of Police must, at the request of the
27 Commissioner, arrange for one or more police
28 officers --
29 (a) to make an investigation or inquiry relating to
30 any matter that is the subject of investigation or
31 inquiry under section 89B; and
page 10
Acts Amendment (Fair Trading) Bill 2010
Fair Trading Act 2010 amended Part 2
s. 8
1 (b) to report on the results of their investigation or
2 inquiry.
3 (2) The report must be forwarded to the Commissioner.
4 (3) Where a police officer makes an investigation or
5 inquiry or report relating to any matter that is the
6 subject of investigation or inquiry under
7 section 89B --
8 (a) in addition to any power, authority, and
9 immunity of the police officer apart from this
10 Act, the police officer has the same powers,
11 authorities, and immunities as an investigator
12 appointed under this Act has in respect of the
13 same matter; and
14 (b) for the purposes of section 67, it is sufficient if
15 the police officer identifies himself or herself as
16 a police officer to the person, if any, affording
17 entry to the police officer.
18 89E. Compliance checks at regulated person's business
19 premises
20 (1) An authorised person may, for all or any of the
21 purposes listed in subsection (2) --
22 (a) during normal business hours, enter premises
23 where the business of a regulated person is
24 being carried on, without obtaining a warrant
25 under section 75; and
26 (b) exercise the powers in sections 70, 80 and 88
27 once entry is made.
28 (2) The purposes referred to in subsection (1) are as
29 follows --
30 (a) to determine whether or not a regulated person
31 is or has been complying with the conditions, if
32 any, of their authorisation;
page 11
Acts Amendment (Fair Trading) Bill 2010
Part 2 Fair Trading Act 2010 amended
s. 9
1 (b) to determine whether or not a regulated person
2 is or has been complying with the requirements
3 of the registration Act under which he or she
4 holds an authorisation;
5 (c) to determine whether or not a regulated person
6 is or has been complying with a code of
7 conduct applying to the registered person under
8 a registration Act.
9 (3) An authorised person may invoke the powers in
10 subsection (1) even though an investigation is not
11 under way in relation to any particular regulated
12 person.
13
14 9. Section 89 amended
15 In section 89(1) after "Division 3" insert:
16
17 or 4A
18
19 10. Section 90 amended
20 (1) After section 90(1) insert:
21
22 (2A) A person must not prevent or attempt to prevent an
23 authorised person from entering business premises in
24 the exercise of the authorised person's powers under
25 section 89E.
26 Penalty: a fine of $2 000.
27
28 (2) In section 90(2) delete "70." and insert:
29
30 70 or 89E.
31
page 12
Acts Amendment (Fair Trading) Bill 2010
Fair Trading Act 2010 amended Part 2
s. 11
1 (3) After section 90(4) insert:
2
3 (5A) A person must comply with a requirement to furnish
4 reasonable access to business premises, or to give other
5 reasonable assistance to an authorised person, when the
6 authorised person is exercising the authorised person's
7 powers under section 89E.
8 Penalty: a fine of $2 000.
9
10 11. Section 113 amended
11 In section 113(3):
12 (a) delete paragraph (c) and insert:
13
14 (c) for the purposes of performing a function under
15 or in connection with --
16 (i) this Act; or
17 (ii) an Act listed in Schedule 2;
18 or
19 (da) for the purposes of giving information to a
20 body established under a written law if --
21 (i) the information concerns the affairs of a
22 regulated person or former regulated
23 person; and
24 (ii) the information is given in relation to
25 the performance by that body of a
26 function under or in connection with
27 that written law;
28 or
29
30 (b) in paragraph (e) delete "offence." and insert:
31
32 offence; or
page 13
Acts Amendment (Fair Trading) Bill 2010
Part 2 Fair Trading Act 2010 amended
s. 12
1
2 (c) after paragraph (e) insert:
3
4 (f) by the Commissioner for the purpose of making
5 the public aware of --
6 (i) investigations or inquiries being
7 conducted into the conduct of a
8 regulated person, former regulated
9 person or purported regulated person,
10 and the results of those inquiries; and
11 (ii) disciplinary action being contemplated
12 or undertaken in relation to a regulated
13 person, former regulated person or
14 purported regulated person, and the
15 outcome of that action.
16
17 12. Schedule 2 inserted
18 After Schedule 1 insert:
19
20 Schedule 2 -- Registration Acts
21 [s. 89A]
22 The following Acts are specified for the purposes of
23 section 89A --
24 Land Valuers Licensing Act 1978
25 Motor Vehicle Dealers Act 1973
26 Motor Vehicle Repairers Act 2003
27 Real Estate and Business Agents Act 1978
28 Settlement Agents Act 1981
29
page 14
Acts Amendment (Fair Trading) Bill 2010
Land Valuers Licensing Act 1978 amended Part 3
s. 13
1 Part 3 -- Land Valuers Licensing Act 1978 amended
2 13. Act amended
3 This Part amends the Land Valuers Licensing Act 1978.
4 14. Section 4 amended
5 (1) In section 4 delete the definitions of:
6 Chairman
7 member (each occurrence)
8 Registrar
9 the Board
10 (2) In section 4 insert in alphabetical order:
11
12 Commissioner has the meaning given in the Fair
13 Trading Act 2010 section 6;
14 department means the department of the Public Service
15 principally assisting the Minister in the administration
16 of this Act;
17
18 (3) In section 4 in the definition of officer paragraph (b) delete
19 "corporation;" and insert:
20
21 corporation.
22
23 15. Part II heading deleted
24 Delete the heading to Part II.
25 16. Part II Division 1 deleted
26 Delete Part II Division 1.
page 15
Acts Amendment (Fair Trading) Bill 2010
Part 3 Land Valuers Licensing Act 1978 amended
s. 17
1 17. Part II Division 2 heading deleted
2 Delete the heading to Part II Division 2.
3 18. Sections 12 to 14 deleted
4 Delete sections 12, 13 and 14.
5 19. Section 15 replaced
6 Delete section 15 and insert:
7
8 15. Powers of investigation
9 The Fair Trading Act 2010 section 62 and Part 6 of
10 that Act apply to this Act.
11
12 20. Sections 15A to 15C deleted
13 Delete sections 15A, 15B and 15C.
14 21. Section 17 amended
15 Delete section 17(5) and insert:
16
17 (5) If the Commissioner is considering making an adverse
18 decision in relation to the application, the
19 Commissioner must give the applicant the opportunity
20 to give additional information in relation to that
21 application.
22
23 22. Section 18 amended
24 Delete section 18(4) and insert:
25
26 (4) If the Commissioner is considering making an adverse
27 decision in relation to the objection, the Commissioner
page 16
Acts Amendment (Fair Trading) Bill 2010
Land Valuers Licensing Act 1978 amended Part 3
s. 23
1 must give the objector the opportunity to give
2 additional information in relation to that objection.
3
4 23. Section 19A amended
5 In section 19A(1) delete "Board, in a meeting at any time and
6 place without notice to the applicant." and insert:
7
8 Commissioner without notice to the applicant.
9
10 24. Section 21 amended
11 In section 21(3) delete "applies," and insert:
12
13 and the Fair Trading Act 2010 apply,
14
15 25. Section 22 amended
16 In section 22(1) and (2) delete "Board shall" and insert:
17
18 Commissioner may
19
20 26. Section 31 amended
21 (1) Delete section 31(1) and insert:
22
23 (1) The chief executive officer is to ensure that the matters
24 set out in subsection (1a) are included in the
25 department's annual report.
26
page 17
Acts Amendment (Fair Trading) Bill 2010
Part 3 Land Valuers Licensing Act 1978 amended
s. 27
1 (2) In section 31(1a) delete "The Board's" and insert:
2
3 The department's
4
5 (3) Delete section 31(2).
6 27. Section 32 deleted
7 Delete section 32.
8 28. Section 33 replaced
9 Delete section 33 and insert:
10
11 33. Confidentiality of information officially obtained
12 The Fair Trading Act 2010 section 113 applies to
13 information obtained for the purposes of this Act.
14
15 29. Section 36 amended
16 Delete section 36(2)(a) and (b).
17 30. Part VI inserted
18 After Part V insert:
19
20 Part VI -- Miscellaneous transitional matters
21 37. Terms used
22 In this Part --
23 commencement day means the day on which the Acts
24 Amendment (Fair Trading) Act 2010 Part 3 comes into
25 operation;
page 18
Acts Amendment (Fair Trading) Bill 2010
Land Valuers Licensing Act 1978 amended Part 3
s. 30
1 liability means any liability, duty or obligation whether
2 actual, contingent or prospective, liquidated or
3 unliquidated, or whether owed alone or jointly or
4 jointly and severally with any other person;
5 right means any right, power, privilege or immunity
6 whether actual, contingent or prospective;
7 the former Board means the Land Valuers Licensing
8 Board established by section 5 of this Act immediately
9 prior to the commencement day;
10 the former Registrar means the Registrar of the former
11 Board immediately prior to the commencement day.
12 38. Former Board abolished
13 Subject to sections 44 and 45, at the beginning of the
14 commencement day, the former Board is abolished and
15 its members go out of office.
16 39. References to the former Board
17 If in a written law or other document or instrument
18 there is a reference to the former Board or the former
19 Registrar, that reference may, where the context so
20 requires, be read as if it had been amended to be a
21 reference to the Commissioner.
22 40. Immunity continues
23 Despite the abolition of the former Board, if the former
24 Board had the benefit of any immunity in respect of an
25 act, matter or thing done or omitted before the
26 commencement day, that immunity continues in that
27 respect for the benefit of the Commissioner.
28 41. Notices of maximum amounts of remuneration
29 A notice published in the Gazette by the Board under
30 section 25 is taken to have been published by the
31 Commissioner.
page 19
Acts Amendment (Fair Trading) Bill 2010
Part 3 Land Valuers Licensing Act 1978 amended
s. 30
1 42. Unfinished proceedings by the former Registrar
2 Proceedings taken by the former Registrar under
3 section 35 that are not complete at the commencement
4 day are to continue under the direction and control of
5 the Commissioner.
6 43. Unfinished proceedings by the former Board
7 (1) Proceedings before the former Board under Part II
8 Division 2 of the Act as it was prior to the
9 commencement day that are not complete by the
10 commencement day --
11 (a) are taken to have been commenced by the
12 Commissioner for the purposes of the Act; and
13 (b) are to continue under the direction and control
14 of the Commissioner.
15 (2) Proceedings before the State Administrative Tribunal
16 or another court commenced by allegation against a
17 licensed valuer brought by the former Board that are
18 not complete by the commencement day --
19 (a) are taken to have been commenced by an
20 allegation by the Commissioner for the
21 purposes of the Act; and
22 (b) are to continue under the direction and control
23 of the Commissioner.
24 44. Winding-up by the former Board
25 As soon as reasonably practicable after the
26 commencement day, the Board is to wind-up its affairs
27 and in particular, but without limiting what may be
28 done to wind-up its affairs, the Board is to apply its
29 assets, together with any moneys in hand, in --
30 (a) discharging its liabilities; and
31 (b) transferring any assets which remain after the
32 discharge of liabilities (residual assets) to the
page 20
Acts Amendment (Fair Trading) Bill 2010
Land Valuers Licensing Act 1978 amended Part 3
s. 30
1 State to be administered in the department, or
2 realising residual assets and causing the
3 proceeds, together with any moneys in hand, to
4 be credited to the Consolidated Account.
5 45. Final report by the former Board
6 (1) As soon as reasonably practical after the Board is
7 satisfied that the winding-up of its affairs is concluded,
8 it is to --
9 (a) make and submit to the Minister a report of its
10 proceedings for the period beginning on the day
11 after the commencement day and ending on the
12 day on which the winding-up of its affairs is
13 concluded; and
14 (b) deliver to the chief executive officer all records
15 and information in its possession or under its
16 control.
17 (2) The chief executive officer is to include the final report
18 submitted under subsection (1) in the department's
19 annual report for that financial year.
20 46. Powers in relation to transitional matters
21 (1) If there is not sufficient provision in this Part for
22 dealing with a transitional matter, the Governor may
23 make regulations prescribing all matters that are
24 required, necessary or convenient to be prescribed in
25 relation to that matter.
26 (2) In subsection (1) --
27 transitional matter means a matter that needs to be
28 dealt with for the purpose of effecting the transition
29 from this Act as enacted immediately before the
30 commencement day to this Act as amended by the Acts
31 Amendment (Fair Trading) Act 2010.
page 21
Acts Amendment (Fair Trading) Bill 2010
Part 3 Land Valuers Licensing Act 1978 amended
s. 30
1 (3) Regulations made under subsection (1) may provide
2 that specific provisions of a written law --
3 (a) do not apply; or
4 (b) apply with specific modifications,
5 to or in relation to any matter.
6 (4) Regulations made under subsection (1) must be made
7 within 12 months after the commencement day.
8 (5) If regulations made under subsection (1) provide that a
9 specified state of affairs is to be taken to have existed,
10 or not to have existed, on and from a day that is earlier
11 than the day on which the regulations are published in
12 the Gazette but not earlier than the commencement
13 day, the regulations have effect according to their
14 terms.
15 (6) In subsection (5) --
16 specified means specified or described in the
17 regulations.
18 (7) If regulations contain a provision referred to in
19 subsection (5), the provision does not operate so as --
20 (a) to affect, in a manner prejudicial to any person
21 (other than the State), the right of that person
22 existing before the day of publication of those
23 regulations; or
24 (b) to impose liabilities on any person (other than
25 the State or an authority of the State) in respect
26 of anything done or omitted to be done before
27 the day of publication of those regulations.
28
page 22
Acts Amendment (Fair Trading) Bill 2010
Land Valuers Licensing Act 1978 amended Part 3
s. 31
1 31. Various references to "Commissioner" inserted
2 Amend the provisions listed in the Table as set out in the Table
3 Table
Provision Delete Insert
s. 4 def. of approved Board Commissioner
s. 16(1) Board Commissioner
s. 17(1) and (4) Board Commissioner
(each occurrence)
s. 18(2) Board Commissioner
s. 19 Board Commissioner
(first occurrence)
s. 19 Board, by such Commissioner, by
evidence as it such evidence as
the Commissioner
s. 19(c) Board Commissioner
s. 19A(2) Board Commissioner
s. 19A(2) Registrar Commissioner
s. 20(a) Board Commissioner
s. 21(1) Board Commissioner
s. 22(1) and (3) Board Commissioner
(each occurrence)
s. 25(1) Board Commissioner
page 23
Acts Amendment (Fair Trading) Bill 2010
Part 3 Land Valuers Licensing Act 1978 amended
s. 31
Provision Delete Insert
s. 26 Board Commissioner
s. 27 Board Commissioner
s. 29(1), (2), (3) and (4) Registrar Commissioner
s. 29A(1) and (2) Registrar Commissioner
s. 30(1), (2), (3) and (4) Registrar Commissioner
s. 31(1a)(a)(i) and (ii) Board Commissioner
and (d)
s. 31(1a)(e) Board's Commissioner's
s. 35(1) Registrar Commissioner
1
page 24
Acts Amendment (Fair Trading) Bill 2010
Motor Vehicle Dealers Act 1973 amended Part 4
s. 32
1 Part 4 -- Motor Vehicle Dealers Act 1973 amended
2 32. Act amended
3 This Part amends the Motor Vehicle Dealers Act 1973.
4 33. Long title amended
5 In the long title delete "• to constitute a body with licensing,
6 registration and other functions in respect of persons
7 involved in motor vehicle dealing and motor vehicle repair
8 work;".
9 34. Section 5 amended
10 (1) In section 5(1) delete the definitions of:
11 Chairperson
12 Commissioner
13 member
14 secretary
15 the Board
16 (2) In section 5(1) insert in alphabetical order:
17
18 Commissioner has the meaning given in the Fair
19 Trading Act 2010 section 6;
20
21 35. Section 5B inserted
22 After section 5A insert:
23
24 5B. Person may be taken to be a dealer
25 (1) A person who --
26 (a) holds himself or herself out as a person
27 carrying on the business of buying or selling
28 vehicles; or
page 25
Acts Amendment (Fair Trading) Bill 2010
Part 4 Motor Vehicle Dealers Act 1973 amended
s. 35
1 (b) sells or exchanges 4 or more vehicles in any
2 12 month period to or with persons who are not
3 dealers,
4 is taken to be carrying on the business of selling
5 vehicles for the purposes of the definition of dealer.
6 (2) For the purposes of subsection (1)(a), a person holds
7 himself or herself out as a person carrying on the
8 business of buying or selling vehicles if that person --
9 (a) advertises or notifies or states that the person
10 carries on the business of buying or selling
11 vehicles; or
12 (b) in any way represents that the person is ready to
13 carry on, or is carrying on, the business of
14 buying or selling vehicles.
15 (3) Despite subsection (1), a person who sells or exchanges
16 4 or more vehicles in any 12 month period to or with
17 persons who are not dealers is not taken to be a dealer
18 if the person can prove that --
19 (a) he or she was not carrying on the business of
20 buying or selling vehicles; and
21 (b) the person did not hold himself or herself out as
22 a person carrying on the business of buying or
23 selling vehicles.
24 (4) When counting the number of vehicles sold or
25 exchanged for the purposes of this section, a sale or
26 exchange of a type prescribed to be an exempt sale or
27 an exempt exchange for the purposes of this subsection
28 is not to be counted.
29 (5) Nothing in subsection (1) prevents a person who sells
30 or exchanges fewer than 4 vehicles in any 12 month
31 period to or with persons who are not dealers from
32 being a dealer carrying on the business of buying or
33 selling vehicles under this Act.
34
page 26
Acts Amendment (Fair Trading) Bill 2010
Motor Vehicle Dealers Act 1973 amended Part 4
s. 36
1 36. Section 5AA deleted
2 Delete section 5AA.
3 37. Section 6 replaced
4 Delete section 6 and insert:
5
6 6. Powers of investigation
7 The Fair Trading Act 2010 section 62 and Part 6 of
8 that Act apply to this Act.
9
10 38. Part II heading amended
11 In the heading to Part II delete "Motor Vehicle Industry
12 Board" and insert:
13
14 Licensing, registration, powers and offences
15
16 39. Part II Division 1 deleted
17 Delete Part II Division 1.
18 40. Section 16 amended
19 Delete section 16(2).
20 41. Section 17 amended
21 Delete section 17(2).
page 27
Acts Amendment (Fair Trading) Bill 2010
Part 4 Motor Vehicle Dealers Act 1973 amended
s. 42
1 42. Section 18 amended
2 (1) Delete section 18(1a) and insert:
3
4 (1A) If the Commissioner is considering making an adverse
5 decision in relation to the application, the
6 Commissioner must give the applicant the opportunity
7 to give additional information in relation to that
8 application.
9
10 (2) Delete section 18(2).
11 Note: The heading to amended section 18 is to read:
12 Matters which may be considered in refusing the grant or renewal
13 of an authorisation
14 43. Section 22 amended
15 Delete section 22(3).
16 44. Section 23 amended
17 (1) In section 23(3) delete "secretary shall submit those particulars
18 to the Board and the Board" and insert:
19
20 Commissioner
21
22 (2) In section 23(5) delete "Board refuses to approve of the changes
23 submitted to it pursuant to subsection (3) the secretary" and
24 insert:
25
26 Commissioner refuses to approve of the changes
27 submitted pursuant to subsection (3) the Commissioner
28
page 28
Acts Amendment (Fair Trading) Bill 2010
Motor Vehicle Dealers Act 1973 amended Part 4
s. 45
1 45. Section 24 amended
2 (1) In section 24(5) delete "hours of the Board." and insert:
3
4 hours.
5
6 (2) In section 24(6) delete "secretary a certificate under his
7 hand --" and insert:
8
9 Commissioner a certificate --
10
11 46. Section 32K amended
12 In section 32K(1) delete "Board, on an application made by it"
13 and insert:
14
15 Commissioner, on an application made by the
16 Commissioner
17
18 47. Section 50 replaced
19 Delete section 50 and insert:
20
21 50. Confidentiality of information officially obtained
22 The Fair Trading Act 2010 section 113 applies to
23 information obtained for the purposes of this Act.
24
page 29
Acts Amendment (Fair Trading) Bill 2010
Part 4 Motor Vehicle Dealers Act 1973 amended
s. 48
1 48. Section 51 amended
2 (1) Delete section 51(1) and insert:
3
4 (1) The chief executive officer is to ensure that the matters
5 set out in subsection (1a) are included in the
6 Department's annual report.
7
8 (2) Delete section 51(2).
9 49. Part V inserted
10 After section 56 insert:
11
12 Part V -- Miscellaneous transitional matters
13 57. Terms used
14 In this Part --
15 commencement day means the day on which the Acts
16 Amendment (Fair Trading) Act 2010 Part 4 comes into
17 operation;
18 liability means any liability, duty or obligation whether
19 actual, contingent or prospective, liquidated or
20 unliquidated, or whether owed alone or jointly or
21 jointly and severally with any other person;
22 right means any right, power, privilege or immunity
23 whether actual, contingent or prospective;
24 the former Board means the Motor Vehicle Industry
25 Board established by section 7 of this Act immediately
26 prior to the commencement day.
page 30
Acts Amendment (Fair Trading) Bill 2010
Motor Vehicle Dealers Act 1973 amended Part 4
s. 49
1 58. Former Board abolished
2 Subject to sections 63 and 64, at the beginning of the
3 commencement day, the former Board is abolished and
4 its members go out of office.
5 59. References to the former Board
6 If in a written law or other document or instrument
7 there is a reference to the former Board, that reference
8 may, where the context so requires, be read as if it had
9 been amended to be a reference to the Commissioner.
10 60. Immunity continues
11 Despite the abolition of the former Board, if the former
12 Board had the benefit of any immunity in respect of an
13 act, matter or thing done or omitted before the
14 commencement day, that immunity continues in that
15 respect for the benefit of the Commissioner.
16 61. Unfinished investigations by the former Board
17 Investigations being carried out by the former Board
18 under the Act as it was prior to the commencement day
19 that are not complete by the commencement day --
20 (a) are taken to have been commenced by the
21 Commissioner for the purposes of the Act; and
22 (b) are to continue under the direction and control
23 of the Commissioner.
24 62. Unfinished proceedings by the former Board
25 (1) Proceedings before the former Board that are not
26 complete by the commencement day --
27 (a) are taken to have been commenced by the
28 Commissioner for the purposes of the Act; and
29 (b) are to continue under the direction and control
30 of the Commissioner.
page 31
Acts Amendment (Fair Trading) Bill 2010
Part 4 Motor Vehicle Dealers Act 1973 amended
s. 49
1 (2) Proceedings before the State Administrative Tribunal
2 or another court commenced by allegation against a
3 licensed motor vehicle dealer or repairer brought by the
4 former Board that are not complete by the
5 commencement day --
6 (a) are taken to have been commenced by an
7 allegation by the Commissioner for the
8 purposes of the Act; and
9 (b) are to continue under the direction and control
10 of the Commissioner.
11 63. Winding-up by the former Board
12 As soon as reasonably practicable after the
13 commencement day, the Board is to wind-up its affairs
14 and in particular, but without limiting what may be
15 done to wind-up its affairs, the Board is to apply its
16 assets, together with any money in hand, in --
17 (a) discharging its liabilities; and
18 (b) transferring any assets which remain after the
19 discharge of liabilities (residual assets) to the
20 State to be administered in the department, or
21 realising residual assets and causing the
22 proceeds, together with any moneys in hand, to
23 be credited to the Consolidated Account.
24 64. Final report by the former Board
25 (1) As soon as reasonably practical after the Board is
26 satisfied that the winding-up of its affairs is concluded,
27 it is to --
28 (a) make and submit to the Minister a report of its
29 proceedings for the period beginning on the day
30 after the commencement day and ending on the
31 day on which the winding-up of its affairs is
32 concluded; and
page 32
Acts Amendment (Fair Trading) Bill 2010
Motor Vehicle Dealers Act 1973 amended Part 4
s. 49
1 (b) deliver to the chief executive officer all records
2 and information in its possession or under its
3 control.
4 (2) The chief executive officer is to include the final report
5 submitted under subsection (1) in the department's
6 annual report for that financial year.
7 65. Powers in relation to transitional matters
8 (1) If there is not sufficient provision in this Part for
9 dealing with a transitional matter, the Governor may
10 make regulations prescribing all matters that are
11 required, necessary or convenient to be prescribed in
12 relation to that matter.
13 (2) In subsection (1) --
14 transitional matter means a matter that needs to be
15 dealt with for the purpose of effecting the transition
16 from this Act as enacted immediately before the
17 commencement day to this Act as amended by the Acts
18 Amendment (Fair Trading) Act 2010.
19 (3) Regulations made under subsection (1) may provide
20 that specific provisions of a written law --
21 (a) do not apply; or
22 (b) apply with specific modifications,
23 to or in relation to any matter.
24 (4) Regulations made under subsection (1) must be made
25 within 12 months after the commencement day.
26 (5) If regulations made under subsection (1) provide that a
27 specified state of affairs is to be taken to have existed,
28 or not to have existed, on and from a day that is earlier
29 than the day on which the regulations are published in
30 the Gazette but not earlier than the commencement
page 33
Acts Amendment (Fair Trading) Bill 2010
Part 4 Motor Vehicle Dealers Act 1973 amended
s. 50
1 day, the regulations have effect according to their
2 terms.
3 (6) In subsection (5) --
4 specified means specified or described in the
5 regulations.
6 (7) If regulations contain a provision referred to in
7 subsection (5), the provision does not operate so as --
8 (a) to affect, in a manner prejudicial to any person
9 (other than the State), the right of that person
10 existing before the day of publication of those
11 regulations; or
12 (b) to impose liabilities on any person (other than
13 the State or an authority of the State) in respect
14 of anything done or omitted to be done before
15 the day of publication of those regulations.
16
17 50. Various references to "Commissioner" inserted
18 Amend the provisions listed in the Table as set out in the Table.
19 Table
Provision Delete Insert
s. 5(1) def. of approved Board Commissioner
s. 15(1), (2), (2a), (2b), (3), Board Commissioner
(4), (5) and (6) (each occurrence)
s. 16(1) Board Commissioner
(each occurrence)
s. 17(1) Board Commissioner
(each occurrence)
page 34
Acts Amendment (Fair Trading) Bill 2010
Motor Vehicle Dealers Act 1973 amended Part 4
s. 50
Provision Delete Insert
s. 17B(1), (2), (3) and (4) Board Commissioner
(each occurrence)
s. 17C(1) Board Commissioner
it the Commissioner
s. 17C(2) Board Commissioner
it the Commissioner
s. 17C(3) Board Commissioner
s. 18(1) Board Commissioner
(each occurrence)
s. 18(1c) Board Commissioner
s. 18A(1), (2), (3), (4) Board Commissioner
and (5)
s. 19(2), (3) and (3b) Board Commissioner
(each occurrence)
s. 19A(1) and (2) Board Commissioner
s. 20(1), (2) and (3) Board Commissioner
s. 20D(2) Board Commissioner
s. 20E(1)(b) Board Commissioner
s. 20E(3) Board, if it Commissioner, if
the Commissioner
page 35
Acts Amendment (Fair Trading) Bill 2010
Part 4 Motor Vehicle Dealers Act 1973 amended
s. 50
Provision Delete Insert
s. 20E(4) Board Commissioner
(each occurrence)
s. 20F(1) and (2) Board Commissioner
(each occurrence)
s. 20G(1) Board Commissioner
s. 20H(2), (3) and (4) Board Commissioner
(each occurrence)
s. 20H(5) secretary Commissioner
s. 21A(1)(b) Board Commissioner
s. 21A(3) Board, if it Commissioner, if
the Commissioner
s. 21A(4) Board Commissioner
(each occurrence)
s. 21A(4)(b) it the Commissioner
s. 21B(1) and (2) Board Commissioner
(each occurrence)
s. 21C(1) Board Commissioner
s. 22(2) def. of reviewable Board Commissioner
decision
s. 22(2) def. of reviewable its the
decision par. (c) Commissioner's
s. 22(2) def. of reviewable it the Commissioner
decision par. (e)
page 36
Acts Amendment (Fair Trading) Bill 2010
Motor Vehicle Dealers Act 1973 amended Part 4
s. 50
Provision Delete Insert
s. 22A(1), (2) and (3) secretary Commissioner
s. 23(1) and (2) secretary Commissioner
s. 23(3) it the Commissioner
s. 24(1), (3) and (4) secretary Commissioner
s. 31(1) and (2) Board Commissioner
(each occurrence)
s. 32E(1) Board Commissioner
s. 32J(1) Board Commissioner
s. 32J(1) if it if the
Commissioner
s. 32J(2) Board Commissioner
(each occurrence)
s. 32L(1), (2) and (3) Board Commissioner
(each occurrence)
s. 32N(1) Board Commissioner
s. 32O(1) Board, the Board Commissioner,
the Commissioner
s. 32O(2)(b) and (3)(c) Board Commissioner
s. 32P(a)(i) and (c)(v) Board Commissioner
s. 51(1a)(a) and (d) Board Commissioner
(each occurrence)
page 37
Acts Amendment (Fair Trading) Bill 2010
Part 4 Motor Vehicle Dealers Act 1973 amended
s. 50
Provision Delete Insert
s. 51(1a)(e) Board's Commissioner's
1 Note: The heading to amended section 20 is to read:
2 Allegations by Commissioner to State Administrative Tribunal
3
page 38
Acts Amendment (Fair Trading) Bill 2010
Motor Vehicle Repairers Act 2003 amended Part 5
s. 51
1 Part 5 -- Motor Vehicle Repairers Act 2003 amended
2 51. Act amended
3 This Part amends the Motor Vehicle Repairers Act 2003.
4 52. Long title amended
5 In the long title delete "• the Motor Vehicle Industry Board
6 to be responsible for such licensing and certification and for
7 the conciliation of certain disputes relating to motor vehicle
8 repair work;".
9 53. Section 3 amended
10 (1) In section 3(1) delete the definitions of:
11 Board
12 Commissioner
13 inquiry
14 secretary
15 (2) In section 3(1) insert in alphabetical order:
16
17 Commissioner has the meaning given in the Fair
18 Trading Act 2010 section 6;
19
20 (3) In the definition of repairer's certificate delete "42;" and insert:
21
22 42.
23
24 (4) Delete section 3(4).
page 39
Acts Amendment (Fair Trading) Bill 2010
Part 5 Motor Vehicle Repairers Act 2003 amended
s. 54
1 54. Section 7 replaced
2 Delete section 7 and insert:
3
4 7. Powers of investigation
5 The Fair Trading Act 2010 section 62 and Part 6 of
6 that Act apply to this Act.
7
8 55. Section 21 deleted
9 Delete section 21.
10 56. Section 32 amended
11 (1) Delete section 32(2) and insert:
12
13 (2) If the Commissioner is considering refusing to renew a
14 business licence under subsection (1), the
15 Commissioner must give the licensee the opportunity
16 to give additional information in relation to that
17 application for renewal.
18
19 (2) In section 32(3)(b)(ii) delete "Board to hold an inquiry as
20 required by subsection (2)," and insert:
21
22 Commissioner to give proper
23 consideration to that matter,
24
25 (3) In section 32(3) delete "Board's power" and insert:
26
27 State Administrative Tribunal's power
28
page 40
Acts Amendment (Fair Trading) Bill 2010
Motor Vehicle Repairers Act 2003 amended Part 5
s. 57
1 57. Section 35 amended
2 In section 35(4) delete "Board may refuse to give its approval
3 under subsection (2) only if it" and insert:
4
5 Commissioner may refuse to give an approval under
6 subsection (2) only if the Commissioner
7
8 58. Section 36 amended
9 In section 36(4) delete "Board may refuse to give its approval
10 under subsection (2) only if it" and insert:
11
12 Commissioner may refuse to give an approval under
13 subsection (2) only if the Commissioner
14
15 59. Section 62 amended
16 Delete section 62(2).
17 60. Part 6 heading replaced
18 Delete the heading to Part 6 and insert:
19
20 Part 6 -- Disciplinary powers
21
22 61. Section 65 replaced
23 Delete section 65 and insert:
24
25 65. Application of Part
26 (1) This Part applies to a person if that person is --
27 (a) a licensee or one of the licensees; or
page 41
Acts Amendment (Fair Trading) Bill 2010
Part 5 Motor Vehicle Repairers Act 2003 amended
s. 62
1 (b) a person concerned in the management or
2 conduct of a body corporate that is a licensee or
3 one of the licensees; or
4 (c) the holder of a certificate.
5 (2) An order cannot be made under this Part in respect of a
6 person unless --
7 (a) an inquiry has been conducted; and
8 (b) the person has been given an opportunity to
9 show cause why the order should not be made.
10
11 62. Sections 66 and 67 deleted
12 Delete sections 66 and 67.
13 63. Section 68 amended
14 In section 68(1):
15 (a) delete "section 66, the Board" and insert:
16
17 section 65(2), the State Administrative Tribunal
18
19 (b) delete "Board --" and insert:
20
21 State Administrative Tribunal --
22
23 (c) in paragraph (b) delete "Board" and insert:
24
25 State Administrative Tribunal
26
page 42
Acts Amendment (Fair Trading) Bill 2010
Motor Vehicle Repairers Act 2003 amended Part 5
s. 64
1 64. Section 70 amended
2 In section 70 delete "section 66, the Board" and insert:
3
4 section 65(2), the State Administrative Tribunal
5
6 65. Section 71 amended
7 In section 71(1) and (2) delete "Board" (first and second
8 occurrence) and insert:
9
10 State Administrative Tribunal
11
12 66. Section 73 amended
13 (1) In section 73(2):
14 (a) in paragraph (c) delete "exercise of --" and insert:
15
16 exercise of the Commissioner's --
17
18 (b) delete paragraph (c)(i);
19 (c) in paragraph (c)(ii) and (iii) delete "its".
20 (2) After section 73(2) insert:
21
22 (3) This section applies to a decision or order of the State
23 Administrative Tribunal in exercise of its powers under
24 section 68 or 70.
25
26 67. Section 74 deleted
27 Delete section 74.
page 43
Acts Amendment (Fair Trading) Bill 2010
Part 5 Motor Vehicle Repairers Act 2003 amended
s. 68
1 68. Section 76 deleted
2 Delete section 76.
3 69. Section 77 amended
4 In section 77(2) delete "person, the Board and the
5 Commissioner" and insert:
6
7 person and the Commissioner
8
9 70. Section 78 amended
10 (1) In section 78(1)(a) delete "Board; and" and insert:
11
12 Commissioner or the State Administrative Tribunal; and
13
14 (2) In section 78(2) delete "Board" (each occurrence) and insert:
15
16 Commissioner or the State Administrative Tribunal
17
18 71. Section 80 amended
19 (1) In section 80(1):
20 (a) in paragraph (a) delete "Board;" and insert:
21
22 Commissioner or the State Administrative Tribunal; and
23
24 (b) in paragraphs (b) and (c) delete "Board" and insert:
25
26 Commissioner or the State Administrative Tribunal
27
page 44
Acts Amendment (Fair Trading) Bill 2010
Motor Vehicle Repairers Act 2003 amended Part 5
s. 72
1 (c) after paragraph (b) insert:
2
3 and
4
5 (2) In section 80(2):
6 (a) in paragraph (a) delete "Board; or" and insert:
7
8 Commissioner or the State Administrative Tribunal; or
9
10 (b) in paragraph (b) delete "Board" and insert:
11
12 Commissioner or the State Administrative Tribunal
13
14 (c) delete "Board." and insert:
15
16 Commissioner or the State Administrative Tribunal.
17
18 72. Section 85 amended
19 In section 85(3):
20 (a) in paragraph (a) delete "conciliation; and" and insert:
21
22 conciliation.
23
24 (b) delete paragraph (b).
25 Note: The heading to amended section 85 is to read:
26 Conciliation at request of owner
page 45
Acts Amendment (Fair Trading) Bill 2010
Part 5 Motor Vehicle Repairers Act 2003 amended
s. 73
1 73. Section 97 amended
2 In section 97 in the definition of authorised officer delete
3 "section 3(1) except that it does not include the secretary if he
4 or she is an authorised officer;" and insert:
5
6 section 3(1);
7
8 74. Section 111 replaced
9 Delete section 111 and insert:
10
11 111. Confidentiality of information officially obtained
12 The Fair Trading Act 2010 section 113 applies to
13 information obtained for the purposes of this Act.
14
15 75. Sections 112 and 113 deleted
16 Delete sections 112 and 113.
17 76. Section 116 deleted
18 Delete section 116.
19 77. Part 11 replaced
20 Delete Part 11 and insert:
21
22 Part 11 -- Transitional provisions
23 120. Terms used
24 In this Part --
25 commencement day means the day on which the Acts
26 Amendment (Fair Trading) Act 2010 Part 5 comes into
27 operation;
page 46
Acts Amendment (Fair Trading) Bill 2010
Motor Vehicle Repairers Act 2003 amended Part 5
s. 77
1 the former Board means the Motor Vehicle Industry
2 Board established by the Motor Vehicle Dealers
3 Act 1973 section 7 prior to the commencement day.
4 121. Unfinished proceedings by the former Board
5 (1) Proceedings before the former Board that are not
6 complete at the commencement day --
7 (a) are taken to have been commenced by the
8 Commissioner for the purposes of the Act; and
9 (b) are to continue under the direction and control
10 of the Commissioner.
11 (2) Proceedings before the State Administrative Tribunal
12 or another court commenced by allegation against a
13 licensed motor vehicle dealer or repairer brought by the
14 former Board that are not complete at the
15 commencement day --
16 (a) are taken to have been commenced by an
17 allegation by the Commissioner for the
18 purposes of the Act; and
19 (b) are to continue under the direction and control
20 of the Commissioner.
21 122. Powers in relation to transitional matters
22 (1) The Governor may make regulations prescribing all
23 matters that are required, necessary or convenient to be
24 prescribed in relation to transitional matters
25 consequential upon the enactment of the Acts
26 Amendment (Fair Trading) Act 2010 Part 5.
27 (2) In subsection (1) --
28 transitional matter means a matter that needs to be
29 dealt with for the purpose of effecting the transition
30 from this Act as enacted immediately before the
31 commencement day to this Act as amended by the Acts
32 Amendment (Fair Trading) Act 2010.
page 47
Acts Amendment (Fair Trading) Bill 2010
Part 5 Motor Vehicle Repairers Act 2003 amended
s. 77
1 (3) Regulations made under subsection (1) may provide
2 that specific provisions of a written law --
3 (a) do not apply; or
4 (b) apply with specific modifications,
5 to or in relation to any matter.
6 (4) Regulations made under subsection (1) must be made
7 within 12 months after the commencement day.
8 (5) If regulations made under subsection (1) provide that a
9 specified state of affairs is to be taken to have existed,
10 or not to have existed, on and from a day that is earlier
11 than the day on which the regulations are published in
12 the Gazette but not earlier than the commencement
13 day, the regulations have effect according to their
14 terms.
15 (6) In subsection (5) --
16 specified means specified or described in the
17 regulations.
18 (7) If regulations contain a provision referred to in
19 subsection (5), the provision does not operate so as --
20 (a) to affect, in a manner prejudicial to any person
21 (other than the State), the right of that person
22 existing before the day of publication of those
23 regulations; or
24 (b) to impose liabilities on any person (other than
25 the State or an authority of the State) in respect
26 of anything done or omitted to be done before
27 the day of publication of those regulations.
28
page 48
Acts Amendment (Fair Trading) Bill 2010
Motor Vehicle Repairers Act 2003 amended Part 5
s. 78
1 78. Schedule 2 amended
2 (1) In Schedule 2 clause 1(b) delete "Board." and insert:
3
4 State Administrative Tribunal or a court.
5
6 (2) In Schedule 2 clause 3(1) and (2) delete "Board" (each
7 occurrence) and insert:
8
9 State Administrative Tribunal
10
11 79. Various references to "Commissioner" inserted
12 Amend the provisions listed in the Table as set out in the Table.
13 Table
Provision Delete Insert
s. 3(1) def. of approved Board Commissioner
s. 13(4) Board Commissioner
it the Commissioner
s. 14(2) Board Commissioner
s. 15 Board Commissioner
s. 16(1) Board Commissioner
s. 16(2) Board Commissioner
it the Commissioner
s. 17 Board Commissioner
page 49
Acts Amendment (Fair Trading) Bill 2010
Part 5 Motor Vehicle Repairers Act 2003 amended
s. 79
Provision Delete Insert
s. 18(1) Board Commissioner
s. 18(2) Board Commissioner
it the Commissioner
s. 19 Board Commissioner
s. 20(1) Board Commissioner
s. 20(2) Board Commissioner
it the Commissioner
s. 22 Board Commissioner
s. 23(1) Board Commissioner
s. 23(2) Board Commissioner
it the Commissioner
s. 24(2) and (3) Board Commissioner
s. 25 Board Commissioner
it the Commissioner
s. 27(1), (2), (3), (4), (5) Board Commissioner
and (6) (each occurrence)
s. 31(1) and (4) Board Commissioner
page 50
Acts Amendment (Fair Trading) Bill 2010
Motor Vehicle Repairers Act 2003 amended Part 5
s. 79
Provision Delete Insert
s. 32(1) Board Commissioner
(each occurrence)
s. 32(3) Board Commissioner
(each occurrence)
s. 33(2) Board Commissioner
s. 34(2) Board Commissioner
s. 34(4) Board Commissioner
it the Commissioner
s. 34(5) Board Commissioner
s. 35(2) Board Commissioner
s. 36(2) Board Commissioner
s. 37(1), (2), (3) and (4) Board Commissioner
(each occurrence)
s. 41(1) Board Commissioner
s. 42(1) Board Commissioner
it the Commissioner
s. 42(2)(b) Board Commissioner
s. 43(1), (2), (3), (4), (5) Board Commissioner
and (6) (each occurrence)
page 51
Acts Amendment (Fair Trading) Bill 2010
Part 5 Motor Vehicle Repairers Act 2003 amended
s. 79
Provision Delete Insert
s. 44(1) and (2) Board Commissioner
(each occurrence)
s. 45(1) Board Commissioner
s. 47 Board Commissioner
s. 48(1) and (2) secretary Commissioner
s. 50(1) secretary Commissioner
s. 50(3) Board Commissioner
s. 51 secretary Commissioner
s. 52(1) secretary Commissioner
s. 53(1) Board Commissioner
it the Commissioner
s. 53(2) Board Commissioner
(each occurrence)
s. 54(1) and (3) secretary Commissioner
s. 58(1)(b) Board Commissioner
s. 59(1) Board, if it Commissioner, if
the Commissioner
s. 60(3) Board, if it Commissioner, if
the Commissioner
s. 60(3)(a) Board Commissioner
page 52
Acts Amendment (Fair Trading) Bill 2010
Motor Vehicle Repairers Act 2003 amended Part 5
s. 79
Provision Delete Insert
s. 60(3)(b) Board Commissioner
it the Commissioner
s. 61(1) Board Commissioner
(each occurrence)
s. 61(3) Board, if it Commissioner, if
the Commissioner
s. 61(3)(a) and (b) Board Commissioner
(each occurrence)
s. 62(1) Board Commissioner
(each occurrence)
s. 62(3) Board Commissioner
it the Commissioner
s. 63(1) Board Commissioner
s. 64(1) Board Commissioner
(each occurrence)
s. 69(2) Board Commissioner
(each occurrence)
s. 71(1) and (2) Board Commissioner
(third occurrence)
s. 72(2) Board Commissioner
s. 73(1) and (2) Board Commissioner
page 53
Acts Amendment (Fair Trading) Bill 2010
Part 5 Motor Vehicle Repairers Act 2003 amended
s. 79
Provision Delete Insert
s. 82(1)(a) Board Commissioner
s. 85(1) Board Commissioner
(each occurrence)
s. 85(1) its the
Commissioner's
s. 85(2), (3) and (4) Board Commissioner
s. 86(1) Board Commissioner
s. 86(1)(c) it the Commissioner
s. 86(2) and (3) Board Commissioner
s. 88(1) Board Commissioner
s. 90(4)(b) and (5)(b) Board Commissioner
s. 92(3)(b) and (4) Board Commissioner
(each occurrence)
s. 93(2) Board Commissioner
it may at its the Commissioner
may at the
Commissioner's
s. 93(3) and (4) Board Commissioner
(each occurrence)
s. 94(1) and (2) Board Commissioner
(each occurrence)
page 54
Acts Amendment (Fair Trading) Bill 2010
Motor Vehicle Repairers Act 2003 amended Part 5
s. 79
Provision Delete Insert
s. 102(1) Board or the Commissioner
secretary
s. 103(1) Board or the Commissioner
secretary
s. 107(5) Board Commissioner
1 Notes: The heading to amended section 22 is to read:
2 Business licence not to be granted if applicant or other person
3 disqualified
4 The heading to amended section 27 is to read:
5 Conditions may be imposed
6 The heading to amended section 33 is to read:
7 Loss of member etc., notice to be given
8 The heading to amended section 52 is to read:
9 Certification of matters in the register
10 The heading to amended section 59 is to read:
11 Authorisation of premises
12 The heading to amended section 69 is to read:
13 Notification of a person's conviction
page 55
Acts Amendment (Fair Trading) Bill 2010
Part 6 Real Estate and Business Agents Act 1978 amended
s. 80
1 Part 6 -- Real Estate and Business Agents
2 Act 1978 amended
3 80. Act amended
4 This Part amends the Real Estate and Business Agents Act 1978.
5 81. Section 4 amended
6 (1) In section 4(1) delete the definitions of:
7 Advisory Committee
8 Board
9 Chairman
10 inspector
11 Registrar
12 (2) In section 4(1) insert in alphabetical order:
13
14 Commissioner has the meaning given in the Fair
15 Trading Act 2010 section 6;
16 department means the department of the Public Service
17 principally assisting the Minister in the administration
18 of this Act;
19
20 (3) In section 4(1) in the definition of Account delete "Board" and
21 insert:
22
23 Real Estate and Business Agents'
24
25 (4) In section 4(1) in the definition of member delete paragraph (a).
26 82. Section 5 deleted
27 Delete section 5.
page 56
Acts Amendment (Fair Trading) Bill 2010
Real Estate and Business Agents Act 1978 amended Part 6
s. 83
1 83. Part II heading replaced
2 Delete the heading to Part II and insert:
3
4 Part II -- Advisory Committee and review
5
6 84. Part II amended
7 In Part II delete Divisions 1, 1A and 2.
8 85. Part II Division 3 heading deleted
9 Delete the heading to Part II Division 3.
10 86. Sections 19, 20 and 21 deleted
11 Delete sections 19, 20 and 21.
12 87. Section 22 inserted
13 Before section 23 insert:
14
15 22. Powers of investigation
16 The Fair Trading Act 2010 section 62 and Part 6 of
17 that Act apply to this Act.
18
19 88. Section 23 amended
20 (1) In section 23(2) in the definition of person aggrieved:
21 (a) in paragraph (e) delete "Account; or" and insert:
22
23 Account;
24
25 (b) delete paragraph (f).
page 57
Acts Amendment (Fair Trading) Bill 2010
Part 6 Real Estate and Business Agents Act 1978 amended
s. 89
1 (2) In section 23(2) in the definition of reviewable decision:
2 (a) in paragraph (e) delete "117; or" and insert:
3
4 117.
5
6 (b) delete paragraph (f).
7 89. Section 23A amended
8 (1) Delete section 23A(3).
9 (2) In section 23A(7) delete "Board" and insert:
10
11 department
12
13 (3) In section 23A(9) delete "committee, other than a member who
14 is also a member of the Board," and insert:
15
16 committee
17
18 (4) Delete section 23A(11) and insert:
19
20 (11) If a member of a committee --
21 (a) is, according to the Interpretation Act 1984
22 section 13D, a bankrupt or a person whose
23 affairs are under insolvency laws; or
24 (b) becomes permanently incapable of performing
25 his or her duties as a member; or
26 (c) resigns his or her office by signing a written
27 notice of resignation and giving it to the
28 Minister; or
page 58
Acts Amendment (Fair Trading) Bill 2010
Real Estate and Business Agents Act 1978 amended Part 6
s. 90
1 (d) absents himself or herself, except on leave duly
2 granted by the Minister, from meetings of that
3 committee for a period exceeding 8 weeks; or
4 (e) ceases to hold any qualification required for
5 becoming or being a member,
6 the office of that member becomes vacant.
7
8 Note: The heading to amended section 23A is to read:
9 Advisory committees
10 90. Section 23C amended
11 (1) In section 23C(1) delete "An officer of the Board (other than the
12 Registrar, the Deputy Registrar, an Assistant Registrar or an
13 inspector) or a person engaged under section 12AA(b)" and
14 insert:
15
16 The Commissioner, or a person nominated by the
17 Commissioner,
18
19 (2) In section 23C(5)(a) delete "the Board or".
20 (3) In section 23C(6)(b) delete "Board to provide its" and insert:
21
22 department to provide
23
24 91. Section 24 amended
25 Delete section 24(5) and insert:
26
27 (5) If the Commissioner is considering making an adverse
28 decision in relation to the application, the
29 Commissioner must give the applicant the opportunity
page 59
Acts Amendment (Fair Trading) Bill 2010
Part 6 Real Estate and Business Agents Act 1978 amended
s. 92
1 to give additional information in relation to that
2 application.
3
4 92. Section 25 amended
5 Delete section 25(4) and insert:
6
7 (4) If the Commissioner is considering making an adverse
8 decision in relation to the objection, the Commissioner
9 must give the person making the objection the
10 opportunity to give additional information in relation to
11 that objection.
12
13 93. Section 33 amended
14 Delete section 33(5) and insert:
15
16 (5) If the Commissioner is considering making an adverse
17 decision in relation to the application, the
18 Commissioner must give the applicant the opportunity
19 to give additional information in relation to that
20 application.
21
22 94. Section 34A amended
23 (1) Delete section 34A(1) and insert:
24
25 (1) Subject to this Part, a licence may be granted and a
26 triennial certificate may be granted or renewed (as long
27 as there is no objection in respect of a licence and
28 special conditions are not imposed or changed), by the
29 Commissioner without notice to the applicant.
30
31 (2) Delete section 34A(3).
page 60
Acts Amendment (Fair Trading) Bill 2010
Real Estate and Business Agents Act 1978 amended Part 6
s. 95
1 95. Section 43 amended
2 Delete section 43(4) and insert:
3
4 (4) If the Commissioner is considering making an adverse
5 decision in relation to the application, the
6 Commissioner must give the applicant the opportunity
7 to give additional information in relation to that
8 application.
9
10 96. Section 49 amended
11 Delete section 49(7) and insert:
12
13 (7) If the Commissioner is considering making an adverse
14 decision in relation to the application, the
15 Commissioner must give the applicant the opportunity
16 to give additional information in relation to that
17 application.
18
19 97. Section 50A amended
20 (1) Delete section 50A(1) and insert:
21
22 (1) Subject to this Part, a certificate of registration may be
23 granted or renewed (as long as special conditions are
24 not imposed or changed) by the Commissioner without
25 notice to the applicant.
26
27 (2) Delete section 50A(3).
28 98. Section 62 amended
29 In section 62(4) delete "under this Act".
page 61
Acts Amendment (Fair Trading) Bill 2010
Part 6 Real Estate and Business Agents Act 1978 amended
s. 99
1 99. Section 70 amended
2 Delete section 70(5) and insert:
3
4 (5) The Commissioner may, in circumstances he or she
5 considers appropriate, extend the time limit for lodging
6 reports.
7
8 100. Section 83 amended
9 In section 83(2) delete "Board under this Part shall be available
10 in the hands of the Board" and insert:
11
12 Commissioner under this Part shall be available under
13 the supervision of the Commissioner
14
15 101. Section 94 amended
16 In section 94(2) delete "writing and be signed by the Chairman
17 or by 2 members of the Board." and insert:
18
19 writing.
20
21 102. Section 100 replaced
22 Delete section 100 and insert:
23
24 100. Financial institutions to disclose agent's account on
25 request
26 Where a person duly authorised under the Fair Trading
27 Act 2010 Part 6 to make an investigation or inquiry for
28 the purposes of that Act, or this Act, has reasonable
29 cause to believe that an agent has deposited any money
page 62
Acts Amendment (Fair Trading) Bill 2010
Real Estate and Business Agents Act 1978 amended Part 6
s. 103
1 with a bank or other financial institution, whether in an
2 account in the name of the agent or in some other
3 account, he or she may by notice in writing addressed
4 to the manager or other officer for the time being in
5 charge of the bank or other institution concerned and
6 nominating the accounts to be examined, require that
7 those accounts be disclosed to him or her, and the
8 manager or other officer for the time being in charge of
9 the bank or other institution named in the requisition
10 shall without requiring any warrant other than the
11 production of the credentials under the Fair Trading
12 Act 2010 of that authorised person, whether or not the
13 person in whose name the account is held consents,
14 permit the authorised person to inspect, and make a
15 copy or extract of, the nominated accounts and any
16 book, document or other record that relates to the
17 accounts and is in the possession or control of that
18 bank or other institution.
19
20 103. Section 109 amended
21 In section 109(d):
22 (a) delete "Board" and insert:
23
24 State
25
26 (b) delete "Act; and" and insert:
27
28 Act or the Fair Trading Act 2010; and
29
30 104. Section 110 amended
31 In section 110(c) delete "Board" and insert:
32
33 chief executive officer on behalf of the State
34
page 63
Acts Amendment (Fair Trading) Bill 2010
Part 6 Real Estate and Business Agents Act 1978 amended
s. 105
1 105. Section 112 amended
2 In section 112 delete "Board." and insert:
3
4 chief executive officer.
5
6 106. Section 113 amended
7 (1) In section 113(1):
8 (a) delete "Board" (first and second occurrence) and insert:
9
10 chief executive officer
11
12 (b) delete "Board." and insert:
13
14 chief executive officer.
15
16 (2) In section 113(2):
17 (a) delete "Board" (first and second occurrence) and insert:
18
19 chief executive officer
20
21 (b) delete "Board." and insert:
22
23 chief executive officer.
24
25 (3) In section 113(3) delete "Board" (each occurrence) and insert:
26
27 chief executive officer
28
page 64
Acts Amendment (Fair Trading) Bill 2010
Real Estate and Business Agents Act 1978 amended Part 6
s. 107
1 107. Section 115 amended
2 (1) In section 115(1):
3 (a) delete "Board," and insert:
4
5 chief executive officer,
6
7 (b) delete "Board in" and insert:
8
9 chief executive officer in
10
11 (c) delete "Board may by resolution" and insert:
12
13 chief executive officer may
14
15 (d) delete "it" and insert:
16
17 the chief executive officer
18
19 (2) In section 115(3):
20 (a) delete "Board," and insert:
21
22 chief executive officer,
23
24 (b) delete "Board" and insert:
25
26 chief executive officer
27
page 65
Acts Amendment (Fair Trading) Bill 2010
Part 6 Real Estate and Business Agents Act 1978 amended
s. 108
1 108. Section 116 amended
2 In section 116(2):
3 (a) delete "Board" (first and second occurrence) and insert:
4
5 chief executive officer
6
7 (b) in paragraph (b) delete "Board --" and insert:
8
9 chief executive officer --
10
11 109. Section 117 amended
12 (1) In section 117(1):
13 (a) delete "Board" (first and third occurrence) and insert:
14
15 chief executive officer
16
17 (b) delete "Board," and insert:
18
19 chief executive officer,
20
21 (2) In section 117(4) delete "Board" (each occurrence) and insert:
22
23 chief executive officer
24
25 110. Section 118 amended
26 In section 118:
27 (a) delete "Board" and insert:
28
29 State
30
page 66
Acts Amendment (Fair Trading) Bill 2010
Real Estate and Business Agents Act 1978 amended Part 6
s. 111
1 (b) delete "Board." and insert:
2
3 State.
4
5 111. Section 119 amended
6 In section 119 delete "Board" and insert:
7
8 State
9
10 112. Section 120 amended
11 (1) In section 120(1):
12 (a) delete "Board available" and insert:
13
14 chief executive officer available
15
16 (b) delete "Board in" and insert:
17
18 State in
19
20 (c) delete "Board;" and insert:
21
22 chief executive officer;
23
24 (2) In section 120(2) delete "Board" and insert:
25
26 chief executive officer
27
page 67
Acts Amendment (Fair Trading) Bill 2010
Part 6 Real Estate and Business Agents Act 1978 amended
s. 113
1 (3) In section 120(3):
2 (a) delete "Board, the Board" and insert:
3
4 chief executive officer, the chief executive officer
5
6 (b) in paragraph (a) delete "it" and insert:
7
8 the chief executive officer
9
10 (c) in paragraph (c) delete "Board," and insert:
11
12 chief executive officer,
13
14 113. Section 121 amended
15 (1) In section 121(1):
16 (a) delete "Board may" and insert:
17
18 chief executive officer may, on behalf of the State,
19
20 (b) delete "Board will" and insert:
21
22 State will
23
24 (2) In section 121(3) delete "Board" and insert:
25
26 chief executive officer
27
page 68
Acts Amendment (Fair Trading) Bill 2010
Real Estate and Business Agents Act 1978 amended Part 6
s. 114
1 114. Section 123 amended
2 In section 123(1), (2) and (3) delete "Board" (each occurrence)
3 and insert:
4
5 chief executive officer
6
7 115. Section 124 amended
8 In section 124:
9 (a) delete "Board may" and insert:
10
11 chief executive officer may
12
13 (b) delete "it" and insert:
14
15 the chief executive officer
16
17 (c) delete "its" and insert:
18
19 the State's
20
21 116. Section 124C amended
22 (1) In section 124C(a) delete "Account;" and insert:
23
24 Account; and
25
26 (2) Delete section 124C(b) and (c) and insert:
27
28 (b) the remuneration and allowances payable to
29 members of advisory committees established
30 under Part II Division 4 of this Act or under the
page 69
Acts Amendment (Fair Trading) Bill 2010
Part 6 Real Estate and Business Agents Act 1978 amended
s. 117
1 Fair Trading Act 2010 Part 5 Division 2
2 Subdivision 1; and
3 (c) the costs associated with the provision of
4 secretarial, clerical or other administrative
5 support to the advisory committees in the
6 performance of their functions under this Act or
7 under the Fair Trading Act 2010 Part 5
8 Division 2 Subdivision 1; and
9
10 (3) In section 124C(e) delete "Board in the performance of its" and
11 insert:
12
13 Commissioner in the performance of the Commissioner's
14
15 117. Part IX heading amended
16 In the heading to Part IX delete "Board" and insert:
17
18 Real Estate and Business Agents
19
20 118. Section 125 amended
21 (1) In section 125(1) delete "Board" and insert:
22
23 Real Estate and Business Agents
24
25 (2) In section 125(2) delete "Board." and insert:
26
27 chief executive officer.
28
29 Note: The heading to amended section 125 is to read:
30 Real Estate and Business Agents Account established
page 70
Acts Amendment (Fair Trading) Bill 2010
Real Estate and Business Agents Act 1978 amended Part 6
s. 119
1 119. Section 131D amended
2 In section 131D(c) delete "Board" and insert:
3
4 chief executive officer
5
6 120. Section 131E amended
7 In section 131E(a) delete "Board" and insert:
8
9 chief executive officer
10
11 121. Section 131G amended
12 In section 131G delete "Board" and insert:
13
14 chief executive officer
15
16 Note: The heading to amended section 131G is to read:
17 Administration of Assistance Account
18 122. Sections 131H, 131I, 131J, 131K and 131KA deleted
19 Delete sections 131H, 131I, 131J, 131K and 131KA.
20 123. Section 131L amended
21 In section 131L(1) and (1a) delete "Registrar" (each occurrence)
22 and insert:
23
24 chief executive officer
25
26 124. Section 131M amended
27 (1) In section 131M(1):
page 71
Acts Amendment (Fair Trading) Bill 2010
Part 6 Real Estate and Business Agents Act 1978 amended
s. 124
1 (a) delete "Registrar shall," and insert:
2
3 chief executive officer shall,
4
5 (b) delete "in accordance with guidelines issued by the
6 Advisory Committee,";
7 (c) delete paragraphs (a) and (b) and insert:
8
9 (a) considering the application and if, in the
10 opinion of the chief executive officer, the
11 application contains sufficient information to
12 enable the merits of the application to be
13 properly assessed, the chief executive officer
14 may consider the application; or
15 (b) referring the application to an advisory
16 committee established for that purpose under
17 section 23A, or to the Property Industry
18 Advisory Committee, for consideration.
19
20 (2) Delete section 131M(1a).
21 (3) Delete section 131M(2) and insert:
22
23 (2) The relevant committee shall consider each application
24 referred to it under subsection (1)(b) and, if in its
25 opinion that application contains information sufficient
26 to enable the chief executive officer properly to assess
27 the merits of that application, return that application to
28 the chief executive officer.
29
page 72
Acts Amendment (Fair Trading) Bill 2010
Real Estate and Business Agents Act 1978 amended Part 6
s. 125
1 (4) In section 131M(3) delete "On receiving an application and
2 recommendation forwarded to it under subsection (1) or (2), the
3 Board" and insert:
4
5 On considering an application under subsection (1)(a)
6 or receiving an application and recommendation
7 returned under subsection (2), the chief executive
8 officer
9
10 Note: The heading to amended section 131M is to read:
11 Deciding applications for assistance
12 125. Section 131N amended
13 (1) In section 131N(1) delete "Board shall, after it" and insert:
14
15 chief executive officer shall, after he or she
16
17 (2) In section 131N(3) and (4) delete "Board" (each occurrence)
18 and insert:
19
20 chief executive officer
21
22 126. Section 131O amended
23 (1) In section 131O(1):
24 (a) before "Advisory" insert:
25
26 Property Industry
27
28 (b) delete "Board," and insert:
29
30 chief executive officer,
31
page 73
Acts Amendment (Fair Trading) Bill 2010
Part 6 Real Estate and Business Agents Act 1978 amended
s. 127
1 (c) delete "Board" and insert:
2
3 chief executive officer
4
5 (2) In section 131O(2):
6 (a) delete "The Board" and insert:
7
8 The chief executive officer
9
10 (b) delete "forwarded to the Board under section 131M(1)
11 or (2)" and insert:
12
13 received by the chief executive officer under
14 section 131M
15
16 Note: The heading to amended section 131O is to read:
17 Formulating criteria for granting assistance
18 127. Section 135 amended
19 (1) Delete section 135(1).
20 (2) In section 135(2):
21 (a) delete "Board's" and insert:
22
23 department's
24
25 (b) in paragraph (a)(i) delete "Board or the Registrar;" and
26 insert:
27
28 Commissioner; and
29
page 74
Acts Amendment (Fair Trading) Bill 2010
Real Estate and Business Agents Act 1978 amended Part 6
s. 128
1 (c) in paragraph (d) delete "Board" and insert:
2
3 Commissioner
4
5 (d) in paragraph (e) delete "Board." and insert:
6
7 Commissioner.
8
9 (e) after paragraphs (a), (b) and (c) insert:
10
11 and
12
13 Note: The heading to amended section 135 is to read:
14 Annual report
15 128. Section 137 replaced
16 Delete section 137 and insert:
17
18 137. Protection from liability
19 A person does not incur any liability in tort for
20 anything that the person does, in good faith, in the
21 performance or purported performance of a function
22 under this Act.
23
24 129. Section 138 replaced
25 Delete section 138 and insert:
26
27 138. Confidentiality of information officially obtained
28 The Fair Trading Act 2010 section 113 applies to
29 information obtained for the purposes of this Act.
30
page 75
Acts Amendment (Fair Trading) Bill 2010
Part 6 Real Estate and Business Agents Act 1978 amended
s. 130
1 130. Section 145 amended
2 Delete section 145(2)(b).
3 131. Part XI Division 1 heading inserted
4 Before section 146 insert:
5
6 Division 1 -- Savings and transitional (1978)
7
8 132. Part XI Division 2 inserted
9 After section 147 insert:
10
11 Division 2 -- Savings and transitional (2010)
12 148. Terms used
13 In this Division --
14 commencement day means the day on which Part 6 of
15 the Acts Amendment (Fair Trading) Act 2010 comes
16 into operation;
17 former Registrar means a Registrar appointed under
18 section 12 of the Act prior to the commencement day;
19 liability means any liability, duty or obligation whether
20 actual, contingent or prospective, liquidated or
21 unliquidated, or whether owed alone or jointly or
22 jointly and severally with any other person;
23 right means any right, power, privilege or immunity
24 whether actual, contingent or prospective;
25 the former Board means the Real Estate and Business
26 Agents Supervisory Board established by section 6 of
27 the Act immediately prior to the commencement day.
page 76
Acts Amendment (Fair Trading) Bill 2010
Real Estate and Business Agents Act 1978 amended Part 6
s. 132
1 149. Former Board abolished
2 Subject to sections 156 and 157, at the beginning of the
3 commencement day, the former Board is abolished and
4 its members go out of office.
5 150. References to the former Board
6 If in a written law or other document or instrument
7 there is a reference to the former Board, that reference
8 may, where the context so requires, be read as if it had
9 been amended to be a reference to the Commissioner.
10 151. Immunity continues
11 Despite the abolition of the former Board, if the former
12 Board had the benefit of any immunity in respect of an
13 act, matter or thing done or omitted before the
14 commencement day, that immunity continues in that
15 respect for the benefit of the Commissioner.
16 152. Notices by the former Board
17 (1) If the former Board has fixed by notice the maximum
18 amount of remuneration of a licensee under section 61
19 of the Act immediately prior to commencement day,
20 that notice is to be taken to have been given by the
21 Commissioner and continues in force until amended or
22 revoked by the Commissioner.
23 (2) If notice has been given to the former Board under
24 section 116(2) of the Act as it was immediately prior to
25 commencement day, that notice is taken to be given to
26 the Commissioner for the purposes of that subsection.
27 153. References to a former Registrar
28 (1) If in a written law or other document or instrument
29 there is a reference to the former Registrar, that
30 reference may, where the context so requires, be read
page 77
Acts Amendment (Fair Trading) Bill 2010
Part 6 Real Estate and Business Agents Act 1978 amended
s. 132
1 as if it had been amended to be a reference to the
2 Commissioner.
3 (2) If a certificate has been given by a former Registrar
4 under section 134(3) of the Act as it was immediately
5 prior to commencement day, that certificate is to be
6 treated as if it were given by the Commissioner for the
7 purposes of that subsection.
8 154. Unfinished investigations by the former Board
9 Investigations being carried out by the former Board
10 under the Act as it was prior to the commencement day
11 that are not complete by the commencement day --
12 (a) are taken to have been commenced by the
13 Commissioner for the purposes of the Act; and
14 (b) are to continue under the direction and control
15 of the Commissioner.
16 155. Unfinished proceedings by the former Board
17 (1) Proceedings before the former Board that are not
18 complete by the commencement day --
19 (a) are taken to have been commenced by the
20 Commissioner for the purposes of the Act; and
21 (b) are to continue under the direction and control
22 of the Commissioner.
23 (2) Proceedings before the State Administrative Tribunal
24 or another court commenced by allegation against a
25 licensed real estate or business agent brought by the
26 former Board that are not complete by the
27 commencement day --
28 (a) are taken to have been commenced by an
29 allegation by the Commissioner for the
30 purposes of the Act; and
31 (b) are to continue under the direction and control
32 of the Commissioner.
page 78
Acts Amendment (Fair Trading) Bill 2010
Real Estate and Business Agents Act 1978 amended Part 6
s. 132
1 156. Winding-up the former Board
2 On and after the commencement day --
3 (a) the Commissioner is to take control of all
4 registers, documents, books and other records
5 (however compiled, recorded or stored) relating
6 to the former Board and the exercise of its
7 functions, and of any tape, disk or other device
8 or medium relating to such records; and
9 (b) all assets of the former Board are to be
10 transferred to the State to be administered in the
11 department, or the residual assets may be
12 realised and the proceeds, together with any
13 moneys in hand, are to be credited to the
14 Consolidated Account; and
15 (c) all rights, liabilities and obligations of the
16 former Board that existed immediately before
17 the commencement day devolve on the
18 Commissioner acting on behalf of, and in the
19 name of, the State; and
20 (d) all contracts, agreements and undertakings
21 made by and with the former Board and having
22 effect immediately before the commencement
23 day have effect as contracts, agreements and
24 undertakings made with the Commissioner
25 acting on behalf of, and in the name of, the
26 State and may be enforced by or against the
27 State accordingly; and
28 (e) any legal or other proceedings or any remedies
29 that might, but for the operation of the Acts
30 Amendment (Fair Trading) Act 2010 Part 6,
31 have been commenced or continued by or
32 against or have been available to the former
33 Board may be commenced or continued by or
34 against or are available to the Commissioner
page 79
Acts Amendment (Fair Trading) Bill 2010
Part 6 Real Estate and Business Agents Act 1978 amended
s. 132
1 acting on behalf of, and in the name of, the
2 State, as the case requires; and
3 (f) any fees, charges or other moneys payable to
4 the Board under this Act and outstanding at the
5 commencement day become payable to the
6 chief executive officer at the time, and in the
7 manner, in which those moneys would have
8 been payable to the former Board under this
9 Act.
10 157. Final report by the former Board
11 (1) The provisions of the Financial Management Act 2006
12 Part 5 Division 3 apply to the former Board.
13 (2) The chief executive officer is to include the final report
14 submitted under subsection (1) in the department's
15 annual report for that financial year.
16 158. Board staff
17 (1) The officers of the former Board and the former
18 Registrar who held office immediately before the
19 commencement day continue to be employed, under
20 and subject to the Public Sector Management Act 1994
21 Part 3, as officers of the department.
22 (2) A person mentioned in subsection (1) is to be regarded
23 as having been engaged or employed, as is relevant, by
24 the chief executive officer.
25 (3) Except as otherwise agreed by a person mentioned in
26 subsection (1), the remuneration, existing or accrued
27 rights, rights under a superannuation scheme or
28 continuity of service of the person are not affected,
29 prejudiced or interrupted by the operation of
30 subsection (1).
page 80
Acts Amendment (Fair Trading) Bill 2010
Real Estate and Business Agents Act 1978 amended Part 6
s. 132
1 159. Powers in relation to transitional matters
2 (1) If there is not sufficient provision in this Part for
3 dealing with a transitional matter, the Governor may
4 make regulations prescribing all matters that are
5 required, necessary or convenient to be prescribed in
6 relation to that matter.
7 (2) In subsection (1) --
8 transitional matter means a matter that needs to be
9 dealt with for the purpose of effecting the transition
10 from this Act as enacted immediately before the
11 commencement day to this Act as amended by the Acts
12 Amendment (Fair Trading) Act 2010.
13 (3) Regulations made under subsection (1) may provide
14 that specific provisions of a written law --
15 (a) do not apply; or
16 (b) apply with specific modifications,
17 to or in relation to any matter.
18 (4) Regulations made under subsection (1) must be made
19 within 12 months after the commencement day.
20 (5) If regulations made under subsection (1) provide that a
21 specified state of affairs is to be taken to have existed,
22 or not to have existed, on and from a day that is earlier
23 than the day on which the regulations are published in
24 the Gazette but not earlier than the commencement
25 day, the regulations have effect according to their
26 terms.
27 (6) In subsection (5) --
28 specified means specified or described in the
29 regulations.
page 81
Acts Amendment (Fair Trading) Bill 2010
Part 6 Real Estate and Business Agents Act 1978 amended
s. 133
1 (7) If regulations contain a provision referred to in
2 subsection (5), the provision does not operate so as --
3 (a) to affect, in a manner prejudicial to any person
4 (other than the State), the right of that person
5 existing before the day of publication of those
6 regulations; or
7 (b) to impose liabilities on any person (other than
8 the State or an authority of the State) in respect
9 of anything done or omitted to be done before
10 the day of publication of those regulations.
11
12 133. Schedule amended
13 In the Schedule delete clauses 7, 9, 10, 11, 12 and 15.
14 134. Various references to "Commissioner" inserted
15 Amend the provisions listed in the Table as set out in the Table.
16 Table
Provision Delete Insert
s. 4(1) def. of approved Board Commissioner
s. 4(1) def. of supervisor Board Commissioner
s. 23(1) Board Commissioner
s. 23(2) def. of person Board's Commissioner's
aggrieved par. (c)
s. 23(2) def. of person Board Commissioner
aggrieved par. (d) and (e)
s. 23A(1) Board Commissioner
(each occurrence)
page 82
Acts Amendment (Fair Trading) Bill 2010
Real Estate and Business Agents Act 1978 amended Part 6
s. 134
Provision Delete Insert
s. 23A(1) Board's Commissioner's
(each occurrence)
s. 23B(1) Board Commissioner
s. 24(1) and (4) Board Commissioner
(each occurrence)
s. 25(2) Board Commissioner
s. 27(1) Board Commissioner
(each occurrence)
s. 28 Board Commissioner
(each occurrence)
s. 29 Board Commissioner
(each occurrence)
s. 30(2a)(b) Board Commissioner
s. 31(1), (2) and (3) Board Commissioner
(each occurrence)
s. 32(2) Board Commissioner
(each occurrence)
s. 33(1), (2) and (4) Board Commissioner
(each occurrence)
s. 34(2) Board Commissioner
it the Commissioner
page 83
Acts Amendment (Fair Trading) Bill 2010
Part 6 Real Estate and Business Agents Act 1978 amended
s. 134
Provision Delete Insert
s. 34A(2) Board or Commissioner
Registrar
Registrar Commissioner
s. 35 Registrar Commissioner
s. 36(3) Registrar Commissioner
(each occurrence)
s. 37(1) Registrar Commissioner
s. 40(1) Board Commissioner
s. 40(3) Registrar Commissioner
s. 43(1) and (3) Board Commissioner
(each occurrence)
s. 47(1) Board Commissioner
(each occurrence)
s. 48(3) Board Commissioner
s. 48(4) Board Commissioner
it the Commissioner
s. 48(5) Board Commissioner
(each occurrence)
s. 49(2), (3), (4) and (6) Board Commissioner
(each occurrence)
page 84
Acts Amendment (Fair Trading) Bill 2010
Real Estate and Business Agents Act 1978 amended Part 6
s. 134
Provision Delete Insert
s. 50(2) Board Commissioner
it the Commissioner
s. 50A(2) Board or Commissioner
Registrar
Registrar Commissioner
s. 51(1) Registrar Commissioner
Board Commissioner
s. 51(2) Registrar Commissioner
s. 56(1) and (2) Board Commissioner
(each occurrence)
s. 57(1) Board Commissioner
Registrar Commissioner
s. 58(1) and (2) Registrar Commissioner
s. 61(1), (2) and (3a) Board Commissioner
s. 68C(1) and (3) Board Commissioner
s. 69(5) Board Commissioner
(each occurrence)
s. 70(2), (3), (6), (7) Board Commissioner
and (8) (each occurrence)
page 85
Acts Amendment (Fair Trading) Bill 2010
Part 6 Real Estate and Business Agents Act 1978 amended
s. 134
Provision Delete Insert
s. 71(1) Board Commissioner
Board may, in its Commissioner
may, in the
Commissioner's
s. 71(2), (3) and (5) Board Commissioner
(each occurrence)
s. 72(2) Board Commissioner
(each occurrence)
s. 72(3) Board Commissioner
Board may, if it Commissioner
may, if the
Commissioner
s. 73(3) Board Commissioner
s. 74 Board Commissioner
(each occurrence)
s. 74 it the Commissioner
s. 75 Board may, if in Commissioner
its may, if in the
Commissioner's
it the Commissioner
s. 79(e) Board Commissioner
s. 81 Board Commissioner
page 86
Acts Amendment (Fair Trading) Bill 2010
Real Estate and Business Agents Act 1978 amended Part 6
s. 134
Provision Delete Insert
s. 83(1) Board Commissioner
(each occurrence)
s. 86 Board Commissioner
s. 88 Board Commissioner
(each occurrence)
s. 88 it may the Commissioner
may
s. 90(1) and (2) Board Commissioner
(each occurrence)
s. 92(1) Board Commissioner
by it by the
Commissioner
s. 93(1), (2), (3) and (4) Board Commissioner
(each occurrence)
s. 94(1) Board Commissioner
(each occurrence)
s. 98(1) Board Commissioner
s. 99(1), (2) and (3) Board Commissioner
(each occurrence)
s. 100A(1) and (8) Registrar Commissioner
(each occurrence)
s. 101 Board Commissioner
page 87
Acts Amendment (Fair Trading) Bill 2010
Part 6 Real Estate and Business Agents Act 1978 amended
s. 134
Provision Delete Insert
s. 102(1) Board Commissioner
s. 103(5)(b) Registrar Commissioner
s. 104 Registrar of the Commissioner
Board
s. 105(1) Registrar of the Commissioner
Board
s. 106(1) and (2) Board Commissioner
s. 124A(2) Board Commissioner
s. 124B(c) Board Commissioner
s. 133(1), (2), (3) and (4) Registrar Commissioner
s. 134(1), (2), (3) and (4) Registrar Commissioner
s. 136 Board Commissioner
(each occurrence)
s. 136A Board Commissioner
(each occurrence)
s. 139(2) Board Commissioner
s. 143(1) Registrar or an Commissioner
inspector
s. 144 Board Commissioner
s. 145(2)(a) Board Commissioner
page 88
Acts Amendment (Fair Trading) Bill 2010
Real Estate and Business Agents Act 1978 amended Part 6
s. 134
Provision Delete Insert
Sch. cl. 4 Board Commissioner
(each occurrence)
Sch. cl. 5(1) Registrar Commissioner
Sch. cl. 5(2) Registrar Commissioner
(each occurrence)
his his or her
Sch. cl. 6(1) Registrar Commissioner
Board Commissioner
Sch. cl. 8(3) Board Commissioner
(each occurrence)
Sch. cl. 16(1) Board Commissioner
1 Notes: The heading to amended section 35 is to read:
2 Notification by licensee when commencing or ceasing business
3 The heading to amended section 51 is to read:
4 Notification to be given by registered sales representative
5 The heading to amended section 68C is to read:
6 Trust accounts, certain information to be given to Commissioner
7 The heading to amended section 71 is to read:
8 Audit date may be varied
9 The heading to amended section 75 is to read:
10 Commissioner may vary decisions made under this Part
11 The heading to amended section 88 is to read:
12 Audit of trust account may be ordered
13 The heading to amended section 100A is to read:
page 89
Acts Amendment (Fair Trading) Bill 2010
Part 6 Real Estate and Business Agents Act 1978 amended
s. 134
1 Commissioner may obtain information about trust accounts
2 The heading to amended section 101 is to read:
3 Codes of conduct
4 The heading to amended section 112 is to read:
5 Administration of Fidelity Account
6 The heading to amended section 119 is to read:
7 Subrogation of rights
8 The heading to amended section 121 is to read:
9 State may insure against claims
10 The heading to amended section 124 is to read:
11 Documents etc. may be required to support claims
12 The heading to amended section 126 is to read:
13 Account, income
14 The heading to amended section 127 is to read:
15 Account, expenditure
16 The heading to amended section 128 is to read:
17 Account, investment of
18 The heading to amended section 133 is to read:
19 Registers to be kept
20 The heading to amended section 136 is to read:
21 Report on effectiveness of Act
22 The heading to amended section 144 is to read:
23 Forms
page 90
Acts Amendment (Fair Trading) Bill 2010
Settlement Agents Act 1981 amended Part 7
s. 135
1 Part 7 -- Settlement Agents Act 1981 amended
2 135. Act amended
3 This Part amends the Settlement Agents Act 1981.
4 136. Section 3 amended
5 (1) In section 3(1) delete the definitions of:
6 Board
7 Chairman
8 inspector
9 member
10 Registrar
11 (2) In section 3(1) insert in alphabetical order:
12
13 Commissioner has the meaning given in the Fair
14 Trading Act 2010 section 6;
15 department means the department of the Public Service
16 principally assisting the Minister in the administration
17 of this Act;
18
19 (3) In section 3(1) in the definition of Interest Account delete
20 "Board" and insert:
21
22 Settlement Agents
23
24 137. Part II amended
25 (1) Delete the heading to Part II.
26 (2) Delete Part II Divisions 1, 1A and 2.
27 (3) Delete the heading to Part II Division 3.
page 91
Acts Amendment (Fair Trading) Bill 2010
Part 7 Settlement Agents Act 1981 amended
s. 138
1 138. Sections 19, 20 and 21 deleted
2 Delete sections 19, 20 and 21.
3 139. Section 22 inserted
4 Before section 23 insert:
5
6 22. Powers of investigation
7 The Fair Trading Act 2010 section 62 and Part 6 of
8 that Act apply to this Act.
9
10 140. Section 23 amended
11 (1) In section 23(2) in the definition of person aggrieved:
12 (a) in paragraph (c) delete "Account; or" and insert:
13
14 Account;
15
16 (b) delete paragraph (d).
17 (2) In section 23(2) in the definition of reviewable decision:
18 (a) in paragraph (c) delete "95; or" and insert:
19
20 95.
21
22 (b) delete paragraph (d).
23 141. Section 24 amended
24 Delete section 24(5) and insert:
25
26 (5) If the Commissioner is considering making an adverse
27 decision in relation to the application, the
28 Commissioner must give the applicant the opportunity
page 92
Acts Amendment (Fair Trading) Bill 2010
Settlement Agents Act 1981 amended Part 7
s. 142
1 to give additional information in relation to that
2 application.
3
4 142. Section 25 amended
5 Delete section 25(4) and insert:
6
7 (4) If the Commissioner is considering making an adverse
8 decision in relation to the objection, the Commissioner
9 must give the person making the objection the
10 opportunity to give additional information in relation to
11 that objection.
12
13 143. Section 33 amended
14 Delete section 33(5) and insert:
15
16 (5) If the Commissioner is considering making an adverse
17 decision in relation to the application, the
18 Commissioner must give the applicant the opportunity
19 to give additional information in relation to that
20 application.
21
22 144. Section 34A amended
23 (1) Delete section 34A(1) and insert:
24
25 (1) Subject to this Part, a licence may be granted and a
26 triennial certificate may be granted or renewed (as long
27 as there is no objection in respect of a licence and
28 special conditions are not imposed or changed) by the
29 Commissioner without notice to the applicant.
30
31 (2) Delete section 34A(3).
page 93
Acts Amendment (Fair Trading) Bill 2010
Part 7 Settlement Agents Act 1981 amended
s. 145
1 145. Section 43 amended
2 In section 43(8) in the Penalty delete "Board" and insert:
3
4 convicting court or tribunal
5
6 146. Section 44 amended
7 In section 44(10) delete "Board" and insert:
8
9 convicting court or tribunal
10
11 147. Section 51 amended
12 Delete section 51(5) and insert:
13
14 (5) The Commissioner may, in circumstances he or she
15 considers appropriate, extend the time limit for lodging
16 reports.
17
18 148. Section 64 amended
19 In section 64(2) delete "Board under this Division shall be
20 available in the hands of the Board" and insert:
21
22 Commissioner under this Division shall be available
23 under the supervision of the Commissioner
24
page 94
Acts Amendment (Fair Trading) Bill 2010
Settlement Agents Act 1981 amended Part 7
s. 149
1 149. Section 75 amended
2 In section 75(2) delete "writing and be signed by the Chairman
3 or by 2 members of the Board." and insert:
4
5 writing.
6
7 150. Section 81 replaced
8 Delete section 81 and insert:
9
10 81. Duty of managers of financial institutions
11 Where a person duly authorised under the Fair Trading
12 Act 2010 to make an investigation or inquiry for the
13 purposes of that Act, or this Act, has reasonable cause
14 to believe that a settlement agent has deposited any
15 money with a bank or other financial institution,
16 whether in an account in the name of the settlement
17 agent or in some other account, he or she may by
18 notice in writing addressed to the manager or other
19 officer for the time being in charge of the bank or other
20 institution concerned and nominating the accounts to
21 be examined, require that those accounts be disclosed
22 to him or her, and the manager or other officer for the
23 time being in charge of the bank or other institution
24 named in the requisition shall without requiring any
25 warrant other than the production of the credentials
26 under the Fair Trading Act 2010 of that authorised
27 person, whether or not the person in whose name the
28 account is held consents, and notwithstanding any law,
29 or rule of law, or contractual obligation to the contrary,
30 permit the authorised person to inspect, and make and
31 take away with him or her a copy or extract of, the
32 nominated accounts and any book, document, or other
page 95
Acts Amendment (Fair Trading) Bill 2010
Part 7 Settlement Agents Act 1981 amended
s. 151
1 record that relates to the accounts and is in the
2 possession or control of that bank or other institution.
3
4 151. Section 87 amended
5 In section 87 delete "Board." and insert:
6
7 chief executive officer.
8
9 152. Section 88 amended
10 In section 88(d):
11 (a) delete "Board." and insert:
12
13 State.
14
15 (b) delete "Act;" and insert:
16
17 Act or the Fair Trading Act 2010;
18
19 153. Section 90 amended
20 In section 90(c) delete "Board" and insert:
21
22 chief executive officer, on behalf of the State,
23
24 154. Section 92 amended
25 (1) In section 92(1) delete "Board" (first and second occurrence)
26 and insert:
27
28 chief executive officer
29
page 96
Acts Amendment (Fair Trading) Bill 2010
Settlement Agents Act 1981 amended Part 7
s. 155
1 (2) In section 92(1) delete "Board." and insert:
2
3 chief executive officer.
4
5 (3) In section 92(2) and (3) delete "Board" (each occurrence) and
6 insert:
7
8 chief executive officer
9
10 155. Section 93 amended
11 In section 93(2):
12 (a) delete "Board" (first and second occurrence) and insert:
13
14 chief executive officer
15
16 (b) in paragraph (b) delete "Board --" and insert:
17
18 chief executive officer --
19
20 156. Section 94 amended
21 (1) In section 94(1):
22 (a) delete "Board" (first and second occurrence) and insert:
23
24 chief executive officer
25
26 (b) delete "Board may by resolution," and insert:
27
28 chief executive officer may
29
page 97
Acts Amendment (Fair Trading) Bill 2010
Part 7 Settlement Agents Act 1981 amended
s. 157
1 (2) In section 94(2):
2 (a) delete "Board," and insert:
3
4 chief executive officer,
5
6 (b) delete "Board" and insert:
7
8 chief executive officer
9
10 157. Section 95 amended
11 (1) In section 95(1):
12 (a) delete "Board" (first and third occurrence) and insert:
13
14 chief executive officer
15
16 (b) delete "Board," and insert:
17
18 chief executive officer,
19
20 (2) In section 95(4):
21 (a) delete "board" and insert:
22
23 chief executive officer
24
25 (b) delete "Board" and insert:
26
27 chief executive officer
28
page 98
Acts Amendment (Fair Trading) Bill 2010
Settlement Agents Act 1981 amended Part 7
s. 158
1 158. Section 96 amended
2 In section 96:
3 (a) delete "Board" and insert:
4
5 State
6
7 (b) delete "Board." and insert:
8
9 State.
10
11 159. Section 97 amended
12 In section 97 delete "Board" and insert:
13
14 State
15
16 160. Section 98 amended
17 (1) In section 98(1):
18 (a) delete "Board available" and insert:
19
20 chief executive officer available
21
22 (b) delete "Board in" and insert:
23
24 State in
25
26 (c) delete "Board," and insert:
27
28 chief executive officer,
29
page 99
Acts Amendment (Fair Trading) Bill 2010
Part 7 Settlement Agents Act 1981 amended
s. 161
1 (2) In section 98(2) delete "Board" and insert:
2
3 chief executive officer
4
5 (3) In section 98(3):
6 (a) delete "Board, the Board" and insert:
7
8 chief executive officer, the chief executive officer
9
10 (b) in paragraph (a) delete "it" and insert:
11
12 the chief executive officer
13
14 (c) in paragraph (c) delete "Board," and insert:
15
16 chief executive officer,
17
18 161. Section 99 amended
19 (1) In section 99(1):
20 (a) delete "Board may" and insert:
21
22 chief executive officer may, on behalf of the State,
23
24 (b) delete "Board will" and insert:
25
26 State will
27
28 (2) In section 99(3) delete "Board" and insert:
29
30 chief executive officer
31
page 100
Acts Amendment (Fair Trading) Bill 2010
Settlement Agents Act 1981 amended Part 7
s. 162
1 (3) In section 99(4) delete "Board or against a member or servant of
2 the Board" and insert:
3
4 State, the Commissioner, the chief executive officer or
5 an officer of the department
6
7 Note: The heading to amended section 99 is to read:
8 State may insure against claims
9 162. Section 101 amended
10 In section 101(1), (2) and (3) delete "Board" (each occurrence)
11 and insert:
12
13 chief executive officer
14
15 163. Section 102 amended
16 In section 102:
17 (a) delete "Board may" and insert:
18
19 chief executive officer may
20
21 (b) delete "it" and insert:
22
23 the chief executive officer
24
25 (c) delete "its" and insert:
26
27 the State's
28
29 Note: The heading to amended section 102 is to read:
30 Documents etc. may be required to support claims
page 101
Acts Amendment (Fair Trading) Bill 2010
Part 7 Settlement Agents Act 1981 amended
s. 164
1 164. Section 102A amended
2 In section 102A(2) delete "Board." and insert:
3
4 chief executive officer.
5
6 165. Section 102B amended
7 In section 102B(c) delete "Board;" and insert:
8
9 chief executive officer;
10
11 166. Section 102C amended
12 In section 102C:
13 (a) delete paragraph (b);
14 (b) in paragraph (c) delete "Board in the performance of its"
15 and insert:
16
17 Commissioner in the performance of his or her
18
19 (c) in paragraph (e) delete "Board in the performance of its"
20 and insert:
21
22 chief executive officer and the department in
23 the performance of their
24
25 (d) after paragraphs (a) and (c) insert:
26
27 and
28
page 102
Acts Amendment (Fair Trading) Bill 2010
Settlement Agents Act 1981 amended Part 7
s. 167
1 167. Part VI heading amended
2 In the heading to Part VI delete "Board" and insert:
3
4 Settlement Agents
5
6 168. Section 103 amended
7 (1) In section 103(1) delete "Board" and insert:
8
9 Settlement Agents
10
11 (2) In section 103(2) delete "Board." and insert:
12
13 chief executive officer.
14
15 Note: The heading to amended section 103 is to read:
16 Settlement Agents Interest Account established
17 169. Section 112 amended
18 (1) Delete section 112(1).
19 (2) In section 112(2):
20 (a) delete "Board's" and insert:
21
22 department's
23
24 (b) in paragraph (a)(i) delete "Board or the Registrar; and"
25 and insert:
26
27 Commissioner; and
28
page 103
Acts Amendment (Fair Trading) Bill 2010
Part 7 Settlement Agents Act 1981 amended
s. 170
1 (c) in paragraph (d) delete "Board" and insert:
2
3 Commissioner
4
5 (d) in paragraph (e) delete "Board." and insert:
6
7 Commissioner.
8
9 (e) after paragraphs (a)(ii) and (b) and (c) insert:
10
11 and
12
13 Note: The heading to amended section 112 is to read:
14 Annual report
15 170. Section 114 amended
16 In section 114 delete "to the Board".
17 171. Section 115 replaced
18 Delete section 115 and insert:
19
20 115. Protection from liability
21 A person does not incur any liability in tort for
22 anything that the person does, in good faith, in the
23 performance or purported performance of a function
24 under this Act.
25
page 104
Acts Amendment (Fair Trading) Bill 2010
Settlement Agents Act 1981 amended Part 7
s. 172
1 172. Section 116 replaced
2 Delete section 116 and insert:
3
4 116. Confidentiality of information officially obtained
5 The Fair Trading Act 2010 section 113 applies to
6 information obtained for the purposes of this Act.
7
8 173. Section 123 amended
9 Delete section 123(2)(b).
10 174. Part VIII replaced
11 Delete Part VIII and insert:
12
13 Part VIII -- Savings and transitional
14 124. Terms used
15 In this Part --
16 commencement day means the day on which the Acts
17 Amendment (Fair Trading) Act 2010 Part 7 comes into
18 operation;
19 former Registrar means a Registrar appointed under
20 section 12 of this Act prior to the commencement day;
21 liability means any liability, duty or obligation whether
22 actual, contingent or prospective, liquidated or
23 unliquidated, or whether owed alone or jointly or
24 jointly and severally with any other person;
25 right means any right, power, privilege or immunity
26 whether actual, contingent or prospective;
27 the former Board means the Settlement Agents
28 Supervisory Board established by section 5 of this Act
29 immediately prior to the commencement day.
page 105
Acts Amendment (Fair Trading) Bill 2010
Part 7 Settlement Agents Act 1981 amended
s. 174
1 125. Former Board abolished
2 Subject to sections 132 and 133, at the beginning of the
3 commencement day, the former Board is abolished and
4 its members go out of office.
5 126. References to the former Board
6 If in a written law or other document or instrument
7 there is a reference to the former Board, that reference
8 may, where the context so requires, be read as if it had
9 been amended to be a reference to the Commissioner.
10 127. Immunity continues
11 Despite the abolition of the former Board, if the former
12 Board had the benefit of any immunity in respect of an
13 act, matter or thing done or omitted before the
14 commencement day, that immunity continues in that
15 respect for the benefit of the Commissioner.
16 128. Notices and rules made by the former Board
17 (1) If the former Board has fixed by notice the maximum
18 amount of remuneration of a licensee under section 44
19 of the Act immediately prior to the commencement
20 day, that notice is to be taken to have been given by the
21 Commissioner and continues in force until amended or
22 revoked by the Commissioner.
23 (2) If the former Board has made rules prescribing a code
24 of conduct under section 82 of the Act as it was
25 immediately prior to the commencement day, those
26 rules and that code of conduct are taken to be made by
27 the Commissioner for the purposes of that section and
28 continue in force until amended or revoked by the
29 Commissioner.
page 106
Acts Amendment (Fair Trading) Bill 2010
Settlement Agents Act 1981 amended Part 7
s. 174
1 129. References to a former Registrar
2 (1) If in a written law or other document or instrument
3 there is a reference to the former Registrar, that
4 reference may, where the context so requires, be read
5 as if it had been amended to be a reference to the
6 Commissioner.
7 (2) If a certificate has been given by a former Registrar
8 under section 111(3) of the Act as it was immediately
9 prior to the commencement day, that certificate is to be
10 treated as if it were given by the Commissioner for the
11 purposes of that subsection.
12 130. Unfinished investigations by the former Board
13 Investigations being carried out by the former Board
14 under the Act as it was prior to the commencement day
15 that are not complete by the commencement day --
16 (a) are taken to have been commenced by the
17 Commissioner for the purposes of the Act; and
18 (b) are to continue under the direction and control
19 of the Commissioner.
20 131. Unfinished proceedings by the former Board
21 (1) Proceedings before the former Board that are not
22 complete by the commencement day --
23 (a) are taken to have been commenced by the
24 Commissioner for the purposes of the Act; and
25 (b) are to continue under the direction and control
26 of the Commissioner.
27 (2) Proceedings before the State Administrative Tribunal
28 or another court commenced by allegation against a
page 107
Acts Amendment (Fair Trading) Bill 2010
Part 7 Settlement Agents Act 1981 amended
s. 174
1 licensed settlement agent brought by the former Board
2 that are not complete by the commencement day --
3 (a) are taken to have been commenced by an
4 allegation by the Commissioner for the
5 purposes of the Act; and
6 (b) are to continue under the direction and control
7 of the Commissioner.
8 132. Winding-up the former Board
9 On and after the commencement day --
10 (a) the Commissioner is to take control of all
11 registers, documents, books and other records
12 (however compiled, recorded or stored) relating
13 to the former Board and the exercise of its
14 functions, and of any tape, disk or other device
15 or medium relating to such records; and
16 (b) all assets of the former Board are to be
17 transferred to the State to be administered in the
18 department, or the residual assets may be
19 realised and the proceeds, together with any
20 moneys in hand, are to be credited to the
21 Consolidated Account; and
22 (c) all rights, liabilities and obligations of the
23 former Board that existed immediately before
24 the commencement day devolve on the
25 Commissioner acting on behalf of, and in the
26 name of, the State; and
27 (d) all contracts, agreements and undertakings
28 made by and with the former Board and having
29 effect immediately before the commencement
30 day have effect as contracts, agreements and
31 undertakings made with the Commissioner
32 acting on behalf of, and in the name of, the
33 State and may be enforced by or against the
34 State accordingly; and
page 108
Acts Amendment (Fair Trading) Bill 2010
Settlement Agents Act 1981 amended Part 7
s. 174
1 (e) any legal or other proceedings or any remedies
2 that might, but for the operation of the Acts
3 Amendment (Fair Trading ) Act 2010 Part 7,
4 have been commenced or continued by or
5 against or have been available to the former
6 Board may be commenced or continued by or
7 against or are available to the Commissioner
8 acting on behalf of, and in the name of, the
9 State, as the case requires; and
10 (f) any fees, charges or other moneys payable to
11 the Board under this Act and outstanding at the
12 commencement day become payable to the
13 chief executive officer at the time, and in the
14 manner, in which those moneys would have
15 been payable to the former Board under this
16 Act.
17 133. Final report by the former Board
18 (1) The provisions of the Financial Management Act 2006
19 Part 5 Division 3 apply to the former Board.
20 (2) The chief executive officer is to include the final report
21 submitted under subsection (1) in the department's
22 annual report for that financial year.
23 134. Board staff
24 (1) The officers of the former Board and the former
25 Registrar who held office immediately before the
26 commencement day continue to be employed, under
27 and subject to the Public Sector Management Act 1994
28 Part 3, as officers of the department.
29 (2) A person mentioned in subsection (1) is to be regarded
30 as having been engaged or employed, as is relevant, by
31 the chief executive officer.
page 109
Acts Amendment (Fair Trading) Bill 2010
Part 7 Settlement Agents Act 1981 amended
s. 174
1 (3) Except as otherwise agreed by a person mentioned in
2 subsection (1), the remuneration, existing or accrued
3 rights, rights under a superannuation scheme or
4 continuity of service of the person are not affected,
5 prejudiced or interrupted by the operation of
6 subsection (1).
7 135. Powers in relation to transitional matters
8 (1) If there is not sufficient provision in this Part for
9 dealing with a transitional matter, the Governor may
10 make regulations prescribing all matters that are
11 required, necessary or convenient to be prescribed in
12 relation to that matter.
13 (2) In subsection (1) --
14 transitional matter means a matter that needs to be
15 dealt with for the purpose of effecting the transition
16 from this Act as enacted immediately before the
17 commencement day to this Act as amended by the Acts
18 Amendment (Fair Trading) Act 2010 Part 7.
19 (3) Regulations made under subsection (1) may provide
20 that specific provisions of a written law --
21 (a) do not apply; or
22 (b) apply with specific modifications,
23 to or in relation to any matter.
24 (4) Regulations made under subsection (1) must be made
25 within 12 months after the commencement day.
26 (5) If regulations made under subsection (1) provide that a
27 specified state of affairs is to be taken to have existed,
28 or not to have existed, on and from a day that is earlier
29 than the day on which the regulations are published in
30 the Gazette but not earlier than the commencement
31 day, the regulations have effect according to their
32 terms.
page 110
Acts Amendment (Fair Trading) Bill 2010
Settlement Agents Act 1981 amended Part 7
s. 175
1 (6) In subsection (5) --
2 specified means specified or described in the
3 regulations.
4 (7) If regulations contain a provision referred to in
5 subsection (5), the provision does not operate so as --
6 (a) to affect, in a manner prejudicial to any person
7 (other than the State), the right of that person
8 existing before the day of publication of those
9 regulations; or
10 (b) to impose liabilities on any person (other than
11 the State or an authority of the State) in respect
12 of anything done or omitted to be done before
13 the day of publication of those regulations.
14
15 175. Schedule 1 amended
16 In Schedule 1 delete clauses 1(2) and 2(2).
17 176. Various references to "Commissioner" inserted
18 Amend the provisions listed in the Table as set out in the Table.
19 Table
Provision Delete Insert
s. 3(1) def. of approved Board Commissioner
s. 3(1) def. of supervisor Board Commissioner
s. 23(1) Board Commissioner
s. 23(2) def. of person Board Commissioner
aggrieved par. (b) and (c)
s. 24(1) and (4) Board Commissioner
(each occurrence)
page 111
Acts Amendment (Fair Trading) Bill 2010
Part 7 Settlement Agents Act 1981 amended
s. 176
Provision Delete Insert
s. 24(4) board Commissioner
s. 25(2) Board Commissioner
s. 26A(2), (4), (5) and (8) Board Commissioner
(each occurrence)
s. 26B(2), (4), (5) and (8) Board Commissioner
(each occurrence)
s. 27(1) and (2) Board Commissioner
(each occurrence)
s. 28(1) Board Commissioner
(each occurrence)
s. 29(1) Board Commissioner
(each occurrence)
s. 30(3a)(b) Board Commissioner
s. 31(1), (2) and (2a) Board Commissioner
s. 32(2) Board Commissioner
(each occurrence)
s. 33(1), (2) and (4) Board Commissioner
(each occurrence)
s. 34(2) Board Commissioner
it the Commissioner
page 112
Acts Amendment (Fair Trading) Bill 2010
Settlement Agents Act 1981 amended Part 7
s. 176
Provision Delete Insert
s. 34A(2) Board or Commissioner
Registrar
Registrar Commissioner
s. 35(1) Board Commissioner
(each occurrence)
s. 35(4) Board Commissioner
it the Commissioner
s. 35(5) and (6) Board Commissioner
(each occurrence)
s. 36(1) and (2) Registrar Commissioner
s. 37(3) Registrar Commissioner
(each occurrence)
s. 38(1) Registrar Commissioner
s. 41(1) Board Commissioner
s. 41(2) Registrar Commissioner
s. 44(1) and (2) Board Commissioner
s. 44(5) Board which, Commissioner
who,
s. 49C(1) and (3) Board Commissioner
s. 50(5) Board Commissioner
(each occurrence)
page 113
Acts Amendment (Fair Trading) Bill 2010
Part 7 Settlement Agents Act 1981 amended
s. 176
Provision Delete Insert
s. 51(2), (3), (6), (7) Board Commissioner
and (8)
s. 51(9) Board Commissioner
it the Commissioner
s. 52(1), (2), (3) and (5) Board Commissioner
(each occurrence)
s. 53(2) and (3) Board Commissioner
s. 53(3) it the Commissioner
s. 54(3) Board Commissioner
s. 55 Board Commissioner
(each occurrence)
s. 55 it the Commissioner
s. 56 Board Commissioner
its the
Commissioner's
it the Commissioner
s. 60(f) Board Commissioner
s. 62 Board Commissioner
s. 64(1) Board Commissioner
(each occurrence)
page 114
Acts Amendment (Fair Trading) Bill 2010
Settlement Agents Act 1981 amended Part 7
s. 176
Provision Delete Insert
s. 67 Board Commissioner
s. 69 Board Commissioner
(each occurrence)
s. 69 so, it so, the
Commissioner
s. 70(a) Board Commissioner
s. 71(1) and (2) Board Commissioner
(each occurrence)
s. 72 Board Commissioner
s. 73(1) Board Commissioner
by it by the
Commissioner
s. 74(1), (2), (3) and (4) Board Commissioner
(each occurrence)
s. 75(1) Board Commissioner
(each occurrence)
s. 79(1) Board Commissioner
s. 80(1), (2)(b) and (3)(c) Board Commissioner
(each occurrence)
s. 81A(1) and (8) Registrar Commissioner
(each occurrence)
s. 82 Board Commissioner
page 115
Acts Amendment (Fair Trading) Bill 2010
Part 7 Settlement Agents Act 1981 amended
s. 176
Provision Delete Insert
s. 83 Board Commissioner
s. 84(3)(b) Registrar Commissioner
s. 85 Registrar of the Commissioner
Board
s. 86(1) and (2) Board Commissioner
s. 110(1), (2), (3) and (4) Registrar Commissioner
s. 111(1), (2), (3) and (4) Registrar Commissioner
s. 113 Board Commissioner
(each occurrence)
s. 113 board Commissioner
s. 114 Board may Commissioner
may
s. 121(1) Registrar or an Commissioner
inspector
s. 122 Board Commissioner
s. 123(2)(a) Board Commissioner
Sch. 1 cl. 1(1)(a) Board Commissioner
Sch. 1 cl. 2(1)(a) Board Commissioner
Sch. 1 cl. 4 Board Commissioner
(each occurrence)
Sch. 1 cl. 5(1) and (2) Registrar Commissioner
page 116
Acts Amendment (Fair Trading) Bill 2010
Settlement Agents Act 1981 amended Part 7
s. 176
Provision Delete Insert
Sch. 1 cl. 7 Board Commissioner
Sch. 1 cl. 8 Board Commissioner
Sch. 1 cl. 9 Board Commissioner
(each occurrence)
Sch. 1 cl. 10(1) Registrar Commissioner
Sch. 1 cl. 10(1) Board Commissioner
1 Notes: The heading to amended section 36 is to read:
2 Notification by licensee when commencing or ceasing business,
3 etc.
4 The heading to amended section 49C is to read:
5 Trust accounts, certain information to be given to Commissioner
6 The heading to amended section 69 is to read:
7 Audit of trust account may be ordered
8 The heading to amended section 81A is to read:
9 Commissioner may obtain information about trust accounts
page 117
Acts Amendment (Fair Trading) Bill 2010
Part 8 Miscellaneous amendments to other Acts
Division 1 The Commissioner in some registration Acts
s. 177
1 Part 8 -- Miscellaneous amendments to other Acts
2 Division 1 -- The Commissioner in some registration Acts
3 177. Motor Vehicle Dealers Act 1973 amended
4 (1) This section amends the Motor Vehicle Dealers Act 1973.
5 (2) In section 5(1) delete the definition of Commissioner and insert:
6
7 Commissioner has the meaning given in the Fair
8 Trading Act 2010 section 6;
9
10 (3) Delete section 5AA.
11 178. Motor Vehicle Repairers Act 2003 amended
12 (1) This section amends the Motor Vehicle Repairers Act 2003.
13 (2) In section 3(1) delete the definition of Commissioner and insert:
14
15 Commissioner has the meaning given in the Fair
16 Trading Act 2010 section 6;
17
18 Division 2 -- The Commissioner in other Acts
19 179. Builders' Registration Act 1939 amended
20 (1) This section amends the Builders' Registration Act 1939.
21 (2) In section 4A(5) delete "section 4(1) of the Consumer Affairs
22 Act 1971" and insert:
23
24 the Fair Trading Act 2010 section 6
25
page 118
Acts Amendment (Fair Trading) Bill 2010
Miscellaneous amendments to other Acts Part 8
The Commissioner in other Acts Division 2
s. 180
1 (3) In section 37(3) delete "section 4(1) of the Consumer Affairs
2 Act 1971" and insert:
3
4 the Fair Trading Act 2010 section 6
5
6 180. Co-operatives Act 2009 amended
7 (1) This section amends the Co-operatives Act 2009.
8 (2) In section 451 delete "Consumer Affairs Act 1971 section 4(1)"
9 and insert:
10
11 Fair Trading Act 2010 section 6
12
13 181. Debt Collectors Licensing Act 1964 amended
14 (1) This section amends the Debt Collectors Licensing Act 1964.
15 (2) In section 3 delete the definition of Commissioner and insert:
16
17 Commissioner has the meaning given in the Fair
18 Trading Act 2010 section 6;
19
20 182. Local Government Act 1995 amended
21 (1) This section amends the Local Government Act 1995.
22 (2) In section 9.58(4)(b) delete "section 4(1) of the Consumer
23 Affairs Act 1971," and insert:
24
25 the Fair Trading Act 2010 section 6,
26
27 183. State Administrative Tribunal Act 2004 amended
28 (1) This section amends the State Administrative Tribunal Act 2004.
page 119
Acts Amendment (Fair Trading) Bill 2010
Part 8 Miscellaneous amendments to other Acts
Division 3 Investigation powers
s. 184
1 (2) In section 37(2) delete "section 15 of the Consumer Affairs
2 Act 1971" and insert:
3
4 the Fair Trading Act 2010 section 6
5
6 184. Machinery of Government (Miscellaneous Amendments)
7 Act 2006 amended
8 (1) This section amends the Machinery of Government
9 (Miscellaneous Amendments) Act 2006.
10 (2) Delete section 151.
11 Division 3 -- Investigation powers
12 185. Business Names Act 1962 amended
13 (1) This section amends the Business Names Act 1962.
14 (2) Delete section 31D and insert:
15
16 31D. Powers of investigation
17 The Fair Trading Act 2010 section 62 and Part 6 of
18 that Act apply to this Act.
19
20 186. Chattel Securities Act 1987 amended
21 (1) This section amends the Chattel Securities Act 1987.
22 (2) Delete section 30D and insert:
23
24 30D. Powers of investigation
25 The Fair Trading Act 2010 section 62 and Part 6 of
26 that Act apply to this Act.
27
page 120
Acts Amendment (Fair Trading) Bill 2010
Miscellaneous amendments to other Acts Part 8
Investigation powers Division 3
s. 187
1 187. Hire-Purchase Act 1959 amended
2 (1) This section amends the Hire-Purchase Act 1959.
3 (2) Delete section 36C and insert:
4
5 36C. Powers of investigation
6 The Fair Trading Act 2010 section 62 and Part 6 of
7 that Act apply to this Act.
8
9 188. Limited Partnerships Act 1909 amended
10 (1) This section amends the Limited Partnerships Act 1909.
11 (2) Delete section 15(3) and insert:
12
13 (3) The Fair Trading Act 2010 section 62 and Part 6 of
14 that Act apply, with such modifications as are
15 necessary, to and in relation to the functions of the
16 Registrar and persons and matters affected by the
17 exercise of those functions as if --
18 (a) that section and Part were part of this Act; and
19 (b) a reference to the Commissioner in those
20 provisions were a reference to the Registrar.
21
22 189. Residential Tenancies Act 1987 amended
23 (1) This section amends the Residential Tenancies Act 1987.
24 (2) Delete section 11B and insert:
25
26 11B. Powers of investigation
27 The Fair Trading Act 2010 section 62 and Part 6 of
28 that Act apply to this Act.
29
page 121
Acts Amendment (Fair Trading) Bill 2010
Part 8 Miscellaneous amendments to other Acts
Division 4 Committee amendments
s. 190
1 190. Retirement Villages Act 1992 amended
2 (1) This section amends the Retirement Villages Act 1992.
3 (2) Delete section 11B and insert:
4
5 11B. Powers of investigation
6 The Fair Trading Act 2010 section 62 and Part 6 of
7 that Act apply to this Act.
8
9 Division 4 -- Committee amendments
10 191. Constitution Acts Amendment Act 1899 amended
11 (1) This section amends the Constitution Acts Amendment Act 1899.
12 (2) In Schedule V Part 3:
13 (a) delete "The Consumer Affairs Council established under the
14 Consumer Affairs Act 1971.";
15 (b) delete "The Consumer Products Safety Committee
16 established under the Consumer Affairs Act 1971.".
17 (3) In Schedule V Part 3 insert in alphabetical order:
18
19 The Consumer Advisory Committee established under the
20 Fair Trading Act 2010.
21 The Motor Vehicle Industry Advisory Committee
22 established under the Fair Trading Act 2010.
23 The Property Industry Advisory Committee established
24 under the Fair Trading Act 2010.
25
page 122
Acts Amendment (Fair Trading) Bill 2010
Miscellaneous amendments to other Acts Part 8
Other Fair Trading Act 2010 amendments Division 5
s. 192
1 Division 5 -- Other Fair Trading Act 2010 amendments
2 192. Biosecurity and Agriculture Management (Repeal and
3 Consequential Provisions) Act 2007 amended
4 (1) This section amends the Biosecurity and Agriculture
5 Management (Repeal and Consequential Provisions) Act 2007.
6 (2) Delete section 23 and insert:
7
8 23. Fair Trading Act 2010 amended
9 (1) This section amends the Fair Trading Act 2010.
10 (2) In Schedule 1 delete "Agricultural Products Act 1929".
11
12 (3) Delete section 29 and insert:
13
14 29. Fair Trading Act 2010 amended
15 (1) This section amends the Fair Trading Act 2010.
16 (2) In Schedule 1 delete "Agriculture and Related Resources
17 Protection Act 1976".
18
19 (4) Delete section 61 and insert:
20
21 61. Fair Trading Act 2010 amended
22 (1) This section amends the Fair Trading Act 2010.
23 (2) In Schedule 1 delete "Fertilizers Act 1977".
24
page 123
Acts Amendment (Fair Trading) Bill 2010
Part 8 Miscellaneous amendments to other Acts
Division 5 Other Fair Trading Act 2010 amendments
s. 192
1 (5) Delete section 64 and insert:
2
3 64. Fair Trading Act 2010 amended
4 (1) This section amends the Fair Trading Act 2010.
5 (2) In Schedule 1 delete "Plant Diseases Act 1914".
6
7 (6) Delete section 75 and insert:
8
9 75. Fair Trading Act 2010 amended
10 (1) This section amends the Fair Trading Act 2010.
11 (2) In Schedule 1 delete "Seeds Act 1981".
12
13 (7) Delete section 83 and insert:
14
15 83. Fair Trading Act 2010 amended
16 (1) This section amends the Fair Trading Act 2010.
17 (2) In Schedule 1 delete "Veterinary Chemical Control and
18 Animal Feeding Stuffs Act 1976".
19
20 (8) Delete section 86 and insert:
21
22 86. Fair Trading Act 2010 amended
23 (1) This section amends the Fair Trading Act 2010.
24 (2) In Schedule 1 insert in alphabetical order:
25
26 Biosecurity and Agriculture Management Act 2007
27
page 124
Acts Amendment (Fair Trading) Bill 2010
Miscellaneous amendments to other Acts Part 8
Other Fair Trading Act 2010 amendments Division 5
s. 193
1 193. Civil Liability Act 2002 amended
2 (1) This section amends the Civil Liability Act 2002.
3 (2) In section 5AI in the definition of apportionable claim delete
4 paragraph (b) and insert:
5
6 (b) a claim for economic loss or damage to
7 property in an action for damages under the
8 Fair Trading Act 2010 based on misleading or
9 deceptive conduct;
10
11 194. Credit (Administration) Act 1984 amended
12 (1) This section amends the Credit (Administration) Act 1984.
13 (2) In section 56(3)(b)(i) delete "Consumer Affairs Act 1971," and
14 insert:
15
16 Fair Trading Act 2010,
17
18 195. Education Service Providers (Full Fee Overseas Students)
19 Registration Act 1991 amended
20 (1) This section amends the Education Service Providers (Full Fee
21 Overseas Students) Registration Act 1991.
22 (2) In section 40(3)(a) delete "Consumer Affairs Act 1971;" and
23 insert:
24
25 Fair Trading Act 2010;
26
27 196. Higher Education Act 2004 amended
28 (1) This section amends the Higher Education Act 2004.
page 125
Acts Amendment (Fair Trading) Bill 2010
Part 8 Miscellaneous amendments to other Acts
Division 5 Other Fair Trading Act 2010 amendments
s. 197
1 (2) In section 26(2):
2 (a) in paragraph (a) delete "Consumer Affairs Act 1971;"
3 and insert:
4
5 Fair Trading Act 2010; or
6
7 (b) in paragraph (b) delete "Consumer Affairs Act 1971; or"
8 and insert:
9
10 Fair Trading Act 2010; or
11
12 197. Legal Aid Commission Act 1976 amended
13 (1) This section amends the Legal Aid Commission Act 1976.
14 (2) In section 7(1)(b)(ii) delete "Consumer Affairs Act 1971" and
15 insert:
16
17 Fair Trading Act 2010
18
19 198. Medical Practitioners Act 2008 amended
20 (1) This section amends the Medical Practitioners Act 2008.
21 (2) In section 7(2)(d) delete "Consumer Affairs Act 1971" and
22 insert:
23
24 Fair Trading Act 2010
25
26 199. Retirement Villages Act 1992 amended
27 (1) This section amends the Retirement Villages Act 1992.
page 126
Acts Amendment (Fair Trading) Bill 2010
Miscellaneous amendments to other Acts Part 8
Other Fair Trading Act 2010 amendments Division 5
s. 200
1 (2) In section 3(1) in the definition of code delete "Fair Trading
2 Act 1987" and insert:
3
4 Fair Trading Act 2010
5
6 200. Trade Measurement Act 2006 amended
7 (1) This section amends the Trade Measurement Act 2006.
8 (2) Delete section 102 and insert:
9
10 102. Operation of Fair Trading Act 2010 not affected
11 Nothing in this Act affects the operation of the Fair
12 Trading Act 2010.
13
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Acts Amendment (Fair Trading) Bill 2010
Part 8 Miscellaneous amendments to other Acts
Division 5 Other Fair Trading Act 2010 amendments
s. 200
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