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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Consumer Protection Legislation Amendment
Bill 2013
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Commercial Tenancy (Retail
Shops) Agreements
Act 1985 amended
3. Act amended 3
4. Section 9 amended 3
Part 3 -- Employment Agents
Act 1976 amended
5. Act amended 4
6. Section 18 amended 4
7. Section 20 amended 4
8. Section 22 amended 4
Part 4 -- Fair Trading
Act 2010 amended
9. Act amended 6
10. Part 6 Division 1 heading replaced 6
Division 1 -- Preliminary
11. Section 64A inserted 6
64A. Authorised persons cannot be public
officers under Criminal Investigation
Act 2006 6
12. Section 83 amended 6
13. Section 112 amended 7
44--1 page i
Consumer Protection Legislation Amendment Bill 2013
Contents
Part 5 -- Land Valuers Licensing
Act 1978 amended
14. Act amended 8
15. Section 16 amended 8
16. Section 17 amended 8
17. Section 18 deleted 8
18. Section 19A amended 8
19. Section 22 amended 8
20. Section 23A inserted 9
23A. Duplicate licence 9
21. Section 23 amended 9
22. Section 30 amended 9
Part 6 -- Limited Partnerships
Act 1909 amended
23. Act amended 10
24. Section 15 amended 10
Part 7 -- Motor Vehicle Dealers
Act 1973 amended
25. Act amended 11
26. Section 5 amended 11
27. Section 20 amended 11
28. Section 20E amended 11
29. Section 20FA inserted 12
20FA. Authorisation of premises does not affect
planning laws 12
30. Section 20F replaced 12
20F. Changes in authorised premises 12
31. Section 21A amended 12
32. Section 21BA inserted 13
21BA. Authorisation of premises does not affect
planning laws 13
33. Section 21B replaced 13
21B. Changes in authorised premises 13
Part 8 -- Motor Vehicle Repairers
Act 2003 amended
34. Act amended 14
35. Section 5 amended 14
page ii
Consumer Protection Legislation Amendment Bill 2013
Contents
36. Section 9 amended 14
37. Section 10 amended 14
38. Section 11 amended 14
39. Section 12 replaced 15
12. Term used: sufficient resources 15
40. Section 13 amended 15
41. Section 24 amended 15
42. Section 28 replaced 16
28. Regulations may prescribe conditions and
restrictions 16
43. Section 35 amended 16
44. Section 36 amended 16
45. Section 39 amended 16
46. Section 52 amended 16
47. Section 58 replaced 17
58. Business licence applications to specify
premises 17
48. Section 59 amended 17
49. Sections 60 to 62 replaced 17
60. Authorisation of premises does not affect
planning laws 17
61. Changes in authorised premises 17
62. Revocation of authorisation of premises 18
50. Section 64 amended 18
51. Section 66 inserted 19
66. Commissioner may make allegations to
SAT regarding disciplinary orders 19
52. Section 68 amended 19
53. Section 70 amended 19
54. Section 71 amended 20
55. Part 7 heading replaced 20
Part 7 -- Reviews
56. Section 73 amended 20
57. Section 75 replaced 20
75. Reviews by State Administrative Tribunal
of Commissioner's decisions and orders 20
76. Transitional 21
58. Sections 77 to 82 deleted 21
59. Section 109 amended 21
60. Section 115 deleted 21
61. Schedule 1 amended 22
62. Schedule 3 deleted 22
page iii
Consumer Protection Legislation Amendment Bill 2013
Contents
Part 9 -- Petroleum Products Pricing
Act 1983 amended
63. Act amended 23
64. Section 22A amended 23
65. Section 22B replaced 23
22B. Commissioner to be notified of proposed
price changes 23
66. Sections 22C and 22D deleted 24
67. Section 22E amended 24
Part 10 -- Real Estate and Business
Agents Act 1978 amended
68. Act amended 25
69. Section 23 amended 25
70. Section 24 amended 26
71. Section 25 deleted 26
72. Section 27 amended 27
73. Section 34A amended 27
74. Section 40A inserted 27
40A. Duplicate licence, certificate of registration
or triennial certificate 27
75. Section 91 amended 27
76. Section 116 amended 28
77. Section 124AA inserted 28
124AA. Commissioner may investigate claims
against Fidelity Account 28
78. Section 124A amended 29
79. Section 124C amended 29
80. Section 134 amended 29
81. Part XI Division 1 deleted 29
82. Part XI Division 2 heading deleted 29
83. Schedule amended 30
Schedule 1 -- Qualifications for grant of licence and
related matters
Part 11 -- Residential Parks
(Long-stay Tenants)
Act 2006 amended
84. Act amended 31
85. Glossary amended 31
page iv
Consumer Protection Legislation Amendment Bill 2013
Contents
Part 12 -- Residential Tenancies
Act 1987 amended
86. Act amended 32
87. Section 3 amended 32
88. Section 31B replaced 32
31B. Increase in rent after renegotiating lease 32
89. Section 31 amended 33
Part 13 -- Retail Trading Hours
Act 1987 amended
Division 1 -- Retail Trading Hours
Act 1987 amended
90. Act amended 34
91. Section 3 amended 34
92. Section 10 amended 34
93. Sections 17 to 21 deleted 34
94. Section 38 amended 35
Division 2 -- Consequential amendment to
Constitution Acts Amendment Act 1899
95. Act amended 35
96. Schedule V amended 35
Part 14 -- Settlement Agents
Act 1981 amended
97. Act amended 36
98. Section 23 amended 36
99. Section 24 amended 37
100. Section 25 deleted 37
101. Section 31 amended 37
102. Section 34A amended 38
103. Section 36 amended 38
104. Section 41A inserted 38
41A. Duplicate licence or triennial certificate 38
105. Section 93 amended 39
106. Section 102AA inserted 39
102AA. Commissioner may investigate claims
against Fidelity Account 39
107. Section 102C amended 40
108. Section 111 amended 40
page v
Consumer Protection Legislation Amendment Bill 2013
Contents
Part 15 -- Travel Agents
Act 1985 amended
109. Act amended 41
110. Section 3 amended 41
111. Section 10 amended 41
112. Section 11 deleted 41
113. Section 12 amended 41
114. Section 21 amended 43
115. Section 22 amended 43
116. Section 23 amended 44
117. Section 30 amended 44
page vi
Western Australia
LEGISLATIVE COUNCIL
Consumer Protection Legislation Amendment
Bill 2013
A Bill for
An Act to amend --
● the Commercial Tenancy (Retail Shops) Agreements Act 1985; and
● the Employment Agents Act 1976; and
● the Fair Trading Act 2010; and
● the Land Valuers Licensing Act 1978; and
● the Limited Partnerships Act 1909; and
● the Motor Vehicle Dealers Act 1973; and
● the Motor Vehicle Repairers Act 2003; and
● the Petroleum Products Pricing Act 1983; and
● the Real Estate and Business Agents Act 1978; and
● the Residential Parks (Long-stay Tenants) Act 2006; and
● the Residential Tenancies Act 1987; and
● the Retail Trading Hours Act 1987; and
● the Settlement Agents Act 1981; and
● the Travel Agents Act 1985.
The Parliament of Western Australia enacts as follows:
page 1
Consumer Protection Legislation Amendment Bill 2013
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Consumer Protection Legislation Amendment
4 Act 2013.
5 2. Commencement
6 This Act comes into operation as follows --
7 (a) Part 1 -- on the day on which this Act receives the
8 Royal Assent;
9 (b) the rest of the Act -- on a day fixed by proclamation,
10 and different days may be fixed for different provisions.
page 2
Consumer Protection Legislation Amendment Bill 2013
Commercial Tenancy (Retail Shops) Agreements Act 1985 Part 2
amended
s. 3
1 Part 2 -- Commercial Tenancy (Retail Shops)
2 Agreements Act 1985 amended
3 3. Act amended
4 This Part amends the Commercial Tenancy (Retail Shops)
5 Agreements Act 1985.
6 4. Section 9 amended
7 In section 9(2)(c) delete "drawing up of or the obtaining of
8 necessary consents to the lease," and insert:
9
10 negotiation, preparation or execution of, or obtaining the
11 necessary consents to,
12
page 3
Consumer Protection Legislation Amendment Bill 2013
Part 3 Employment Agents Act 1976 amended
s. 5
1 Part 3 -- Employment Agents Act 1976 amended
2 5. Act amended
3 This Part amends the Employment Agents Act 1976.
4 6. Section 18 amended
5 Delete section 18(4), (5) and (7).
6 7. Section 20 amended
7 (1) In section 20(1) delete "him, or any other person," and insert:
8
9 the Commissioner of Police,
10
11 (2) Delete section 20(2).
12 8. Section 22 amended
13 (1) Delete section 22(3) and insert:
14
15 (3) The Commissioner must give notice in writing of the
16 Commissioner's decision --
17 (a) to the applicant; and
18 (b) if the Commissioner of Police lodged an
19 objection with the Commissioner, to the
20 Commissioner of Police.
21 (4A) If notice is given under subsection (3) to a person who
22 might be aggrieved by the decision, the Commissioner
23 must in the notice --
24 (a) set out the reasons for the decision; and
page 4
Consumer Protection Legislation Amendment Bill 2013
Employment Agents Act 1976 amended Part 3
s. 8
1 (b) inform the person of the right to apply to the
2 State Administrative Tribunal for a review of
3 the decision.
4
5 (2) In section 22(4) delete "or a person who lodged an objection
6 with the Commissioner" and insert:
7
8 or, if the Commissioner of Police lodged an objection with the
9 Commissioner, the Commissioner of Police
10
page 5
Consumer Protection Legislation Amendment Bill 2013
Part 4 Fair Trading Act 2010 amended
s. 9
1 Part 4 -- Fair Trading Act 2010 amended
2 9. Act amended
3 This Part amends the Fair Trading Act 2010.
4 10. Part 6 Division 1 heading replaced
5 Delete the heading to Part 6 Division 1 and insert:
6
7 Division 1 -- Preliminary
8
9 11. Section 64A inserted
10 At the end of Part 6 Division 1 insert:
11
12 64A. Authorised persons cannot be public officers under
13 Criminal Investigation Act 2006
14 The office held by an authorised person cannot be
15 prescribed by an Act or regulations under the Criminal
16 Investigation Act 2006 section 9(1)(a).
17
18 12. Section 83 amended
19 After section 83(3) insert:
20
21 (4) If an application under subsection (1) consists of or
22 includes a claim that legal professional privilege
23 applies to the thing seized, the State Administrative
24 Tribunal hearing the application is to be constituted
25 by --
26 (a) a judicial member; and
27 (b) such other members, if any, as the President
28 considers appropriate.
page 6
Consumer Protection Legislation Amendment Bill 2013
Fair Trading Act 2010 amended Part 4
s. 13
1 (5) In subsection (4), each of these terms has the meaning
2 given in the State Administrative Tribunal Act 2004
3 section 3(1) --
4 judicial member
5 President
6
7 13. Section 112 amended
8 (1) In section 112(1) insert in alphabetical order:
9
10 regulated person has the meaning given in
11 section 88A.
12
13 (2) In section 112(1) in the definition of personal information
14 delete "person." and insert:
15
16 person;
17
page 7
Consumer Protection Legislation Amendment Bill 2013
Part 5 Land Valuers Licensing Act 1978 amended
s. 14
1 Part 5 -- Land Valuers Licensing Act 1978 amended
2 14. Act amended
3 This Part amends the Land Valuers Licensing Act 1978.
4 15. Section 16 amended
5 (1) In section 16(2) in the definition of person aggrieved delete "or
6 objects to".
7 (2) In section 16(2) in the definition of reviewable decision delete
8 "or objection".
9 16. Section 17 amended
10 Delete section 17(2).
11 17. Section 18 deleted
12 Delete section 18.
13 18. Section 19A amended
14 In section 19A(1) delete "(as long as there is no objection)".
15 Note: The heading to amended section 19A is to read:
16 Commissioner may grant licence without notice to applicant
17 19. Section 22 amended
18 After section 22(3) insert:
19
20 (4) Section 19 applies to an application under this section
21 as if it were an application for a licence under
22 section 17.
23
page 8
Consumer Protection Legislation Amendment Bill 2013
Land Valuers Licensing Act 1978 amended Part 5
s. 20
1 20. Section 23A inserted
2 At the end of Part III insert:
3
4 23A. Duplicate licence
5 If a licence has been lost or destroyed, the
6 Commissioner may issue a duplicate licence on
7 payment by the holder of the prescribed fee.
8
9 21. Section 23 amended
10 In section 23(2) delete "an officer of the firm or corporation"
11 and insert:
12
13 a person
14
15 22. Section 30 amended
16 Delete section 30(1) and (2).
17 Note: The heading to amended section 30 is to read:
18 Commissioner's certificate
page 9
Consumer Protection Legislation Amendment Bill 2013
Part 6 Limited Partnerships Act 1909 amended
s. 23
1 Part 6 -- Limited Partnerships Act 1909 amended
2 23. Act amended
3 This Part amends the Limited Partnerships Act 1909.
4 24. Section 15 amended
5 In section 15(3):
6 (a) delete "section 61" and insert:
7
8 sections 60 and 61
9
10 (b) in paragraph (a) delete "that section and" and insert:
11
12 those sections and that
13
page 10
Consumer Protection Legislation Amendment Bill 2013
Motor Vehicle Dealers Act 1973 amended Part 7
s. 25
1 Part 7 -- Motor Vehicle Dealers Act 1973 amended
2 25. Act amended
3 This Part amends the Motor Vehicle Dealers Act 1973.
4 26. Section 5 amended
5 In section 5(1) delete the definition of authorised officer and
6 insert:
7
8 authorised officer means an authorised person as
9 defined in the Fair Trading Act 2010 section 63;
10
11 27. Section 20 amended
12 In section 20(3) delete "no longer" and insert:
13
14 do not
15
16 28. Section 20E amended
17 (1) Delete section 20E(1) and (2) and insert:
18
19 (1) An application for a dealer's licence must specify each
20 of the premises at which the applicant proposes to carry
21 on business under the authority of the licence.
22
23 (2) Delete section 20E(4).
page 11
Consumer Protection Legislation Amendment Bill 2013
Part 7 Motor Vehicle Dealers Act 1973 amended
s. 29
1 29. Section 20FA inserted
2 After section 20E insert:
3
4 20FA. Authorisation of premises does not affect planning
5 laws
6 An authorisation given by the Commissioner under
7 section 20E in respect of any premises does not affect
8 any relevant requirements of written laws relating to
9 planning that apply to those premises.
10
11 30. Section 20F replaced
12 Delete section 20F and insert:
13
14 20F. Changes in authorised premises
15 The Commissioner may at any time approve an
16 alteration or addition to the particulars referred to in
17 section 20E(5) on --
18 (a) the application of the holder of a licence; and
19 (b) payment of the prescribed fee.
20
21 31. Section 21A amended
22 (1) Delete section 21A(1) and (2) and insert:
23
24 (1) An application for registration under section 17B as a
25 car market operator must specify each of the premises
26 the applicant proposes to provide for a car market
27 under the authority of the registration.
28
29 (2) Delete section 21A(4).
page 12
Consumer Protection Legislation Amendment Bill 2013
Motor Vehicle Dealers Act 1973 amended Part 7
s. 32
1 32. Section 21BA inserted
2 After section 21A insert:
3
4 21BA. Authorisation of premises does not affect planning
5 laws
6 An authorisation given by the Commissioner under
7 section 21A in respect of any premises does not affect
8 any relevant requirements of written laws relating to
9 planning that apply to those premises.
10
11 33. Section 21B replaced
12 Delete section 21B and insert:
13
14 21B. Changes in authorised premises
15 The Commissioner may at any time approve an
16 alteration or addition to the particulars referred to in
17 section 21A(5) on --
18 (a) the application of the registered person; and
19 (b) payment of the prescribed fee.
20
page 13
Consumer Protection Legislation Amendment Bill 2013
Part 8 Motor Vehicle Repairers Act 2003 amended
s. 34
1 Part 8 -- Motor Vehicle Repairers Act 2003 amended
2 34. Act amended
3 This Part amends the Motor Vehicle Repairers Act 2003.
4 35. Section 5 amended
5 Delete section 5(3) and (5).
6 36. Section 9 amended
7 In section 9(1):
8 (a) delete "of a class prescribed by the regulations";
9 (b) delete "licence for that class of repair work." and insert:
10
11 licence.
12
13 37. Section 10 amended
14 Delete section 10(2).
15 38. Section 11 amended
16 In section 11:
17 (a) delete "any class of " ;
18 (b) delete "licence for that class of repair work." and insert:
19
20 licence.
21
page 14
Consumer Protection Legislation Amendment Bill 2013
Motor Vehicle Repairers Act 2003 amended Part 8
s. 39
1 39. Section 12 replaced
2 Delete section 12 and insert:
3
4 12. Term used: sufficient resources
5 In this Division --
6 sufficient resources means sufficient material,
7 manpower and financial resources to carry on business
8 doing repair work.
9
10 40. Section 13 amended
11 Delete section 13(2) and (3) and insert:
12
13 (2) An application --
14 (a) must be --
15 (i) made in the form approved; and
16 (ii) accompanied by the fee prescribed;
17 and
18 (b) must comply with section 58.
19
20 41. Section 24 amended
21 Delete section 24(1) and (2) and insert:
22
23 (1) A business licence is to be in the form determined by
24 the Commissioner.
25
page 15
Consumer Protection Legislation Amendment Bill 2013
Part 8 Motor Vehicle Repairers Act 2003 amended
s. 42
1 42. Section 28 replaced
2 Delete section 28 and insert:
3
4 28. Regulations may prescribe conditions and
5 restrictions
6 The regulations may prescribe conditions and
7 restrictions that are to be taken to be attached to all
8 business licences, unless otherwise specified in the
9 licence.
10
11 43. Section 35 amended
12 In section 35(4)(a) delete "in respect of the class of repair work
13 concerned".
14 44. Section 36 amended
15 In section 36(4)(a) delete "in respect of the class of repair work
16 concerned".
17 45. Section 39 amended
18 Delete section 39(1)(b) and insert:
19
20 (b) a person or firm that carries out repair work for
21 the purposes of the Motor Vehicle Dealers
22 Act 1973 section 34, but not otherwise.
23
24 46. Section 52 amended
25 In section 52(1)(a)(ii) delete "business licence or".
page 16
Consumer Protection Legislation Amendment Bill 2013
Motor Vehicle Repairers Act 2003 amended Part 8
s. 47
1 47. Section 58 replaced
2 Delete section 58 and insert:
3
4 58. Business licence applications to specify premises
5 An application for a business licence must specify each
6 of the premises at or from which the applicant proposes
7 to carry on business under the authority of the licence.
8
9 48. Section 59 amended
10 In section 59(1) delete the passage that begins with "If," and
11 ends with "section 60," and insert:
12
13 If, in relation to any premises, an application complies with
14 section 58,
15
16 49. Sections 60 to 62 replaced
17 Delete sections 60, 61 and 62 and insert:
18
19 60. Authorisation of premises does not affect planning
20 laws
21 An authorisation given by the Commissioner under
22 section 59 in respect of any premises does not affect
23 any relevant requirements of written laws relating to
24 planning that apply to those premises.
25 61. Changes in authorised premises
26 The Commissioner may at any time approve an
27 alteration or addition to the particulars referred to in
28 section 59(2) on --
29 (a) the application of the licensee; and
30 (b) payment of the prescribed fee.
page 17
Consumer Protection Legislation Amendment Bill 2013
Part 8 Motor Vehicle Repairers Act 2003 amended
s. 50
1 62. Revocation of authorisation of premises
2 (1) The Commissioner may make an order revoking an
3 authorisation in respect of any premises under
4 section 59, other than an authorisation in respect of
5 mobile premises.
6 (2) The Commissioner may make an order under
7 subsection (1) only if --
8 (a) the authority responsible for planning matters
9 in the district in which the premises are situated
10 has given the Commissioner written notice that
11 the premises do not comply with specified
12 requirements of written laws relating to
13 planning that apply to those premises; and
14 (b) the Commissioner has given the licensee an
15 opportunity to show cause why the order should
16 not be made.
17 (3) In subsection (2)(a) --
18 specified means specified in the notice referred to in
19 that provision.
20
21 50. Section 64 amended
22 In section 64(2) delete "under section 81," and insert:
23
24 made by the State Administrative Tribunal on a review under
25 section 75,
26
page 18
Consumer Protection Legislation Amendment Bill 2013
Motor Vehicle Repairers Act 2003 amended Part 8
s. 51
1 51. Section 66 inserted
2 After section 65 insert:
3
4 66. Commissioner may make allegations to SAT
5 regarding disciplinary orders
6 The Commissioner may allege to the State
7 Administrative Tribunal that there is proper cause for
8 the Tribunal to make under section 68(1) one or more
9 of the orders set out in Schedule 1 in respect of a
10 person to whom this Part applies.
11
12 52. Section 68 amended
13 (1) In section 68(1) after "section 65(2)," insert:
14
15 in a proceeding commenced by an allegation under section 66
16
17 (2) After section 68(1)(a) insert:
18
19 or
20
21 53. Section 70 amended
22 Delete section 70(a) and insert:
23
24 (a) does not have sufficient resources, within the
25 meaning in section 12; or
26
page 19
Consumer Protection Legislation Amendment Bill 2013
Part 8 Motor Vehicle Repairers Act 2003 amended
s. 54
1 54. Section 71 amended
2 In section 71(3) delete "under section 81," and insert:
3
4 made by the court on an appeal under the State Administrative
5 Tribunal Act 2004 Part 5,
6
7 55. Part 7 heading replaced
8 Delete the heading to Part 7 and insert:
9
10 Part 7 -- Reviews
11
12 56. Section 73 amended
13 (1) Delete section 73(1)(c).
14 (2) In section 73(1) after each of paragraphs (a) and (b) insert:
15
16 or
17
18 (3) Delete section 73(3).
19 57. Section 75 replaced
20 Delete section 75 and insert:
21
22 75. Reviews by State Administrative Tribunal of
23 Commissioner's decisions and orders
24 The affected person under section 73(1) may apply to
25 the State Administrative Tribunal for a review of a
26 decision or order to which section 73 applies.
page 20
Consumer Protection Legislation Amendment Bill 2013
Motor Vehicle Repairers Act 2003 amended Part 8
s. 58
1 76. Transitional
2 (1) In this section --
3 former provisions means this Act as in force
4 immediately before the commencement of the
5 Consumer Protection Legislation Amendment Act 2013
6 section 57;
7 section 75 means section 75 of the former provisions.
8 (2) The former provisions continue to have effect for the
9 purposes of an appeal under section 75 that was
10 commenced, but not completed, before the
11 commencement of the Consumer Protection
12 Legislation Amendment Act 2013 section 57.
13
14 58. Sections 77 to 82 deleted
15 Delete sections 77, 78, 79, 80, 81 and 82.
16 59. Section 109 amended
17 (1) Delete section 109(1) and insert:
18
19 (1) In this section --
20 unlicensed repairer means a person or firm that is
21 required to hold, but does not hold, a business licence.
22
23 (2) In section 109(2) delete "any class of " (each occurrence).
24 (3) In section 109(3)(c) delete "any class of " .
25 60. Section 115 deleted
26 Delete section 115.
page 21
Consumer Protection Legislation Amendment Bill 2013
Part 8 Motor Vehicle Repairers Act 2003 amended
s. 61
1 61. Schedule 1 amended
2 In Schedule 1 clause 1(b) delete "business licence or".
3 62. Schedule 3 deleted
4 Delete Schedule 3.
page 22
Consumer Protection Legislation Amendment Bill 2013
Petroleum Products Pricing Act 1983 amended Part 9
s. 63
1 Part 9 -- Petroleum Products Pricing
2 Act 1983 amended
3 63. Act amended
4 This Part amends the Petroleum Products Pricing Act 1983.
5 64. Section 22A amended
6 (1) In section 22A(1) delete the definition of displayed price.
7 (2) In section 22A(1) insert in alphabetical order:
8
9 relevant price, for a kind of motor fuel, means the
10 price for that kind of motor fuel that would apply if a
11 supplier of the motor fuel from a declared terminal
12 were to make a wholesale sale of the motor fuel to a
13 reseller who --
14 (a) was not the subject of any agreement or
15 arrangement affecting price; and
16 (b) took delivery of the motor fuel at the terminal
17 from which it was supplied;
18
19 65. Section 22B replaced
20 Delete section 22B and insert:
21
22 22B. Commissioner to be notified of proposed price
23 changes
24 Whenever the relevant price for a kind of motor fuel
25 supplied from a declared terminal is proposed to be
26 changed, the supplier of the motor fuel is required to
27 notify the Commissioner of the proposed price
28 change --
29 (a) before the proposed price change has effect;
30 and
page 23
Consumer Protection Legislation Amendment Bill 2013
Part 9 Petroleum Products Pricing Act 1983 amended
s. 66
1 (b) in accordance with the provisions of any
2 regulations that apply to that notification.
3 Penalty: a fine of $20 000.
4
5 66. Sections 22C and 22D deleted
6 Delete sections 22C and 22D.
7 67. Section 22E amended
8 In section 22E(1)(c), (2)(a) and (c) and (4) delete "displayed"
9 (each occurrence) and insert:
10
11 relevant
12
page 24
Consumer Protection Legislation Amendment Bill 2013
Real Estate and Business Agents Act 1978 amended Part 10
s. 68
1 Part 10 -- Real Estate and Business Agents
2 Act 1978 amended
3 68. Act amended
4 This Part amends the Real Estate and Business Agents Act 1978.
5 69. Section 23 amended
6 (1) In section 23(1) delete "of the Commissioner".
7 (2) In section 23(2) in the definition of person aggrieved:
8 (a) in paragraph (a) delete "or objects to";
9 (b) in paragraph (e) delete "Commissioner" and insert:
10
11 chief executive officer
12
13 (3) In section 23(2) in the definition of reviewable decision:
14 (a) in paragraph (a) after "decision" insert:
15
16 of the Commissioner
17
18 (b) in paragraph (a) delete "or objection";
19 (c) in paragraphs (b) to (d) after "decision" insert:
20
21 of the Commissioner
22
23 (d) in paragraph (e) after "decision" insert:
24
25 of the chief executive officer
26
page 25
Consumer Protection Legislation Amendment Bill 2013
Part 10 Real Estate and Business Agents Act 1978 amended
s. 70
1 (4) After section 23(2) insert:
2
3 (3) If a decision under section 116 or 117 has not been
4 made before the commencement of the Consumer
5 Protection Legislation Amendment Act 2013 section 69
6 in respect of a claim made before 1 July 2011, the
7 decision --
8 (a) may be made on or after that commencement
9 by the Commissioner; and
10 (b) is taken to be a reviewable decision for the
11 purposes of this section.
12 (4) A decision under section 116 or 117 made by the chief
13 executive officer before the commencement of the
14 Consumer Protection Legislation Amendment Act 2013
15 section 69 is taken to be a reviewable decision made
16 immediately after that commencement for the purposes
17 of this section.
18 (5) The amendments made to this section by the Consumer
19 Protection Legislation Amendment Act 2013 section 69
20 do not affect the review of a reviewable decision by the
21 State Administrative Tribunal that began, but was not
22 completed, before the commencement of that section.
23
24 70. Section 24 amended
25 Delete section 24(2).
26 71. Section 25 deleted
27 Delete section 25.
page 26
Consumer Protection Legislation Amendment Bill 2013
Real Estate and Business Agents Act 1978 amended Part 10
s. 72
1 72. Section 27 amended
2 In section 27(2):
3 (a) delete "the Schedule" and insert:
4
5 Schedule 1
6
7 (b) delete "therein and elsewhere".
8 73. Section 34A amended
9 In section 34A(1) delete "there is no objection in respect of a
10 licence and".
11 Note: The heading to amended section 34A is to read:
12 Commissioner may grant licence or triennial certificate without
13 notice to applicant
14 74. Section 40A inserted
15 After section 39 insert:
16
17 40A. Duplicate licence, certificate of registration or
18 triennial certificate
19 If a licence, certificate of registration or triennial
20 certificate has been lost or destroyed, the
21 Commissioner may issue a duplicate licence, duplicate
22 certificate of registration or duplicate triennial
23 certificate on payment by the holder of the prescribed
24 fee.
25
26 75. Section 91 amended
27 In section 91 delete "Board" and insert:
28
29 Commissioner
30
page 27
Consumer Protection Legislation Amendment Bill 2013
Part 10 Real Estate and Business Agents Act 1978 amended
s. 76
1 76. Section 116 amended
2 After section 116(1) insert:
3
4 (2A) For the purposes of a claim against the Fidelity
5 Account, the reference in subsection (1) to any period
6 when the licensee was the holder of a current triennial
7 certificate includes a period when the licensee was not
8 the holder of a current triennial certificate if the chief
9 executive officer considers that it is just and reasonable
10 in the circumstances of the claim.
11
12 77. Section 124AA inserted
13 At the end of Part VIII insert:
14
15 124AA. Commissioner may investigate claims against
16 Fidelity Account
17 (1) Without limiting section 22, the Commissioner may, at
18 and in accordance with the request of the chief
19 executive officer, make an investigation or inquiry
20 under the Fair Trading Act 2010 Part 6 in relation to a
21 claim against the Fidelity Account.
22 (2) For the purposes of the investigation or inquiry, the
23 administration of the Fidelity Account is taken to be a
24 function of the Commissioner.
25 (3) The Commissioner must, as soon as practicable after
26 completing the investigation or inquiry, prepare a
27 report on the findings of the investigation or inquiry
28 and give it to the chief executive officer.
29
page 28
Consumer Protection Legislation Amendment Bill 2013
Real Estate and Business Agents Act 1978 amended Part 10
s. 78
1 78. Section 124A amended
2 In section 124A(2) delete "Commissioner." and insert:
3
4 chief executive officer.
5
6 79. Section 124C amended
7 In section 124C(e) delete "Act." and insert:
8
9 Act or the Commissioner's functions under the Fair Trading
10 Act 2010 section 57A that are performed for the purposes of this
11 Act.
12
13 80. Section 134 amended
14 Delete section 134(1) and (2).
15 Note: The heading to amended section 134 is to read:
16 Commissioner's certificate
17 81. Part XI Division 1 deleted
18 Delete Part XI Division 1.
19 82. Part XI Division 2 heading deleted
20 Delete the heading to Part XI Division 2.
page 29
Consumer Protection Legislation Amendment Bill 2013
Part 10 Real Estate and Business Agents Act 1978 amended
s. 83
1 83. Schedule amended
2 (1) Delete the heading to the Schedule and the reference after it and
3 insert:
4
5 Schedule 1 -- Qualifications for grant of licence
6 and related matters
7 [s. 27]
8
9 (2) Delete the heading to the Schedule Division 1.
10 (3) In the Schedule clause 3 delete "Such a licence" and insert:
11
12 A licence granted to a person who is qualified under clause 1(c)
13
14 (4) In the Schedule clause 4 delete "Such a licence" and insert:
15
16 A licence applied for by a person who is qualified under clause 1(d)
17
18 (5) Delete the Schedule Division 2.
page 30
Consumer Protection Legislation Amendment Bill 2013
Residential Parks (Long-stay Tenants) Act 2006 amended Part 11
s. 84
1 Part 11 -- Residential Parks (Long-stay Tenants)
2 Act 2006 amended
3 84. Act amended
4 This Part amends the Residential Parks (Long-stay Tenants)
5 Act 2006.
6 85. Glossary amended
7 In the Glossary clause 1 delete the definition of bond
8 administrator and insert:
9
10 bond administrator means the chief executive officer of the
11 Department in his or her capacity as bond administrator
12 under the Residential Tenancies Act 1987;
13
page 31
Consumer Protection Legislation Amendment Bill 2013
Part 12 Residential Tenancies Act 1987 amended
s. 86
1 Part 12 -- Residential Tenancies Act 1987 amended
2 86. Act amended
3 This Part amends the Residential Tenancies Act 1987.
4 87. Section 3 amended
5 In section 3 delete the definition of bond administrator and
6 insert:
7
8 bond administrator means the chief executive officer
9 of the Department;
10
11 88. Section 31B replaced
12 Delete section 31B and insert:
13
14 31B. Increase in rent after renegotiating lease
15 (1) Subsection (2) has effect if --
16 (a) a residential tenancy agreement creates a
17 tenancy for a fixed term (the former
18 agreement); and
19 (b) the parties enter into a new residential tenancy
20 agreement in relation to the same premises (the
21 new agreement) that is to commence
22 immediately after the end of the term of the
23 former agreement, whether under the terms of
24 the agreement or under section 76C.
25 (2) The tenant cannot be required under the new agreement
26 to pay an amount of rent, in respect of the first 30 days
27 of the new agreement, that is more than the amount that
28 would have been payable under the former agreement
29 if the former agreement had continued to have effect
30 during that period.
31
page 32
Consumer Protection Legislation Amendment Bill 2013
Residential Tenancies Act 1987 amended Part 12
s. 89
1 89. Section 31 amended
2 In section 31(1) delete "section 30," and insert:
3
4 section 30 or 31A,
5
page 33
Consumer Protection Legislation Amendment Bill 2013
Part 13 Retail Trading Hours Act 1987 amended
Division 1 Retail Trading Hours Act 1987 amended
s. 90
1 Part 13 -- Retail Trading Hours Act 1987 amended
2 Division 1 -- Retail Trading Hours Act 1987 amended
3 90. Act amended
4 This Division amends the Retail Trading Hours Act 1987.
5 91. Section 3 amended
6 In section 3(1) delete the definitions of:
7 Committee
8 member
9 92. Section 10 amended
10 (1) In section 10(3)(bc) delete "18 persons" and insert:
11
12 25 persons
13
14 (2) In section 10(3a):
15 (a) in paragraph (a)(ii) delete "3 retail shops" and insert:
16
17 4 retail shops
18
19 (b) in paragraph (b)(iii) and (iv) delete "2 or more" and
20 insert:
21
22 3 or more
23
24 93. Sections 17 to 21 deleted
25 Delete sections 17, 18, 19, 20 and 21.
page 34
Consumer Protection Legislation Amendment Bill 2013
Retail Trading Hours Act 1987 amended Part 13
Consequential amendment to Constitution Acts Amendment Division 2
Act 1899
s. 94
1 94. Section 38 amended
2 In section 38 delete "person, officer of the Department, or to the
3 Committee or a sub-committee or any member of the
4 Committee or any sub-committee" and insert:
5
6 person or officer of the Department
7
8 Division 2 -- Consequential amendment to Constitution Acts
9 Amendment Act 1899
10 95. Act amended
11 This Division amends the Constitution Acts Amendment
12 Act 1899.
13 96. Schedule V amended
14 In Schedule V Part 3 delete the item relating to the Retail Shops
15 Advisory Committee.
page 35
Consumer Protection Legislation Amendment Bill 2013
Part 14 Settlement Agents Act 1981 amended
s. 97
1 Part 14 -- Settlement Agents Act 1981 amended
2 97. Act amended
3 This Part amends the Settlement Agents Act 1981.
4 98. Section 23 amended
5 (1) In section 23(1) delete "of the Commissioner".
6 (2) In section 23(2) in the definition of person aggrieved:
7 (a) in paragraph (a) delete "or objects to";
8 (b) in paragraph (c) delete "Commissioner" and insert:
9
10 chief executive officer
11
12 (3) In section 23(2) in the definition of reviewable decision:
13 (a) in paragraph (a) after "decision" (1st occurrence) insert:
14
15 of the Commissioner
16
17 (b) in paragraph (a)(ii) delete "or objection";
18 (c) in paragraph (b) after "decision" insert:
19
20 of the Commissioner
21
22 (d) in paragraph (c) after "decision" insert:
23
24 of the chief executive officer
25
26 (4) After section 23(2) insert:
27
28 (3) If a decision under section 93 or 95 has not been made
29 before the commencement of the Consumer Protection
page 36
Consumer Protection Legislation Amendment Bill 2013
Settlement Agents Act 1981 amended Part 14
s. 99
1 Legislation Amendment Act 2013 section 98 in respect
2 of a claim made before 1 July 2011, the decision --
3 (a) may be made on or after that commencement
4 by the Commissioner; and
5 (b) is taken to be a reviewable decision for the
6 purposes of this section.
7 (4) A decision under section 93 or 95 made by the chief
8 executive officer before the commencement of the
9 Consumer Protection Legislation Amendment Act 2013
10 section 98 is taken to be a reviewable decision made
11 immediately after that commencement for the purposes
12 of this section.
13 (5) The amendments made to this section by the Consumer
14 Protection Legislation Amendment Act 2013 section 98
15 do not affect the review of a reviewable decision by the
16 State Administrative Tribunal that began, but was not
17 completed, before the commencement of that section.
18
19 99. Section 24 amended
20 Delete section 24(2).
21 100. Section 25 deleted
22 Delete section 25.
23 101. Section 31 amended
24 Delete section 31(2a) and insert:
25
26 (2A) The Commissioner may refuse to renew a licensee's
27 triennial certificate if --
28 (a) the Commissioner is satisfied that
29 section 27(1)(b), (c), (d) or (e), 28(1)(a), (b), (c)
30 or (d) or 29(1)(a), (b), (c) or (d), as is relevant
page 37
Consumer Protection Legislation Amendment Bill 2013
Part 14 Settlement Agents Act 1981 amended
s. 102
1 to the licensee, does not apply, or no longer
2 applies, in relation to the licensee; or
3 (b) the licensee has not met prescribed educational
4 requirements.
5
6 102. Section 34A amended
7 In section 34A(1) delete "there is no objection in respect of a
8 licence and".
9 Note: The heading to amended section 34A is to read:
10 Commissioner may grant licence or triennial certificate without
11 notice to applicant
12 103. Section 36 amended
13 In section 36(2):
14 (a) after paragraph (a) insert:
15
16 (ba) where the licensee is a firm, of any change in
17 the persons by whom or by which it is
18 constituted;
19
20 (b) in paragraph (b) before "the licensee" insert:
21
22 where
23
24 104. Section 41A inserted
25 After section 40 insert:
26
27 41A. Duplicate licence or triennial certificate
28 If a licence or triennial certificate has been lost or
29 destroyed, the Commissioner may issue a duplicate
page 38
Consumer Protection Legislation Amendment Bill 2013
Settlement Agents Act 1981 amended Part 14
s. 105
1 licence or duplicate triennial certificate on payment by
2 the holder of the prescribed fee.
3
4 105. Section 93 amended
5 After section 93(1) insert:
6
7 (2A) For the purposes of a claim against the Account, the
8 reference in subsection (1) to any period when the
9 licensee was the holder of a current triennial certificate
10 includes a period when the licensee was not the holder
11 of a current triennial certificate if the chief executive
12 officer considers that it is just and reasonable in the
13 circumstances of the claim.
14
15 106. Section 102AA inserted
16 At the end of Part V insert:
17
18 102AA. Commissioner may investigate claims against
19 Fidelity Account
20 (1) Without limiting section 22, the Commissioner may, at
21 and in accordance with the request of the chief
22 executive officer, make an investigation or inquiry
23 under the Fair Trading Act 2010 Part 6 in relation to a
24 claim against the Fidelity Account.
25 (2) For the purposes of the investigation or inquiry, the
26 administration of the Fidelity Account is taken to be a
27 function of the Commissioner.
28 (3) The Commissioner must, as soon as practicable after
29 completing the investigation or inquiry, prepare a
30 report on the findings of the investigation or inquiry
31 and give it to the chief executive officer.
32
page 39
Consumer Protection Legislation Amendment Bill 2013
Part 14 Settlement Agents Act 1981 amended
s. 107
1 107. Section 102C amended
2 Delete section 102C(e) and insert:
3
4 (e) all other expenditure lawfully incurred by the
5 Commissioner in the performance of the
6 Commissioner's functions under this Act or the
7 Commissioner's functions under the Fair
8 Trading Act 2010 section 57A that are
9 performed for the purposes of this Act.
10
11 108. Section 111 amended
12 Delete section 111(1) and (2).
13 Note: The heading to amended section 111 is to read:
14 Commissioner's certificate
page 40
Consumer Protection Legislation Amendment Bill 2013
Travel Agents Act 1985 amended Part 15
s. 109
1 Part 15 -- Travel Agents Act 1985 amended
2 109. Act amended
3 This Part amends the Travel Agents Act 1985.
4 110. Section 3 amended
5 In section 3(1) insert in alphabetical order:
6
7 former Crimes Act provision means the deleted
8 section 50DA or 50DB of the Crimes Act 1914
9 (Commonwealth);
10
11 111. Section 10 amended
12 (1) Delete section 10(1).
13 (2) In section 10(2) delete "The" and insert:
14
15 When an application has been made in accordance with
16 section 9, the
17
18 112. Section 11 deleted
19 Delete section 11.
20 113. Section 12 amended
21 (1) Delete section 12(1) and insert:
22
23 (1) Unless subsection (2) or (4) requires it to be refused,
24 the Commissioner is to grant an application as soon as
25 practicable.
26
page 41
Consumer Protection Legislation Amendment Bill 2013
Part 15 Travel Agents Act 1985 amended
s. 113
1 (2) Delete section 12(2)(ba) and insert:
2
3 (ba) the individual has been found guilty of an
4 offence under The Criminal Code section 187,
5 the Criminal Code Act 1995 (Commonwealth)
6 section 272.18, 272.19 or 272.20 or a former
7 Crimes Act provision; or
8
9 (3) In section 12(4)(i) delete "section 187 of The Criminal Code or
10 section 50DA or 50DB of the Crimes Act 1914 of the
11 Commonwealth." and insert:
12
13 The Criminal Code section 187, the Criminal Code Act 1995
14 (Commonwealth) section 272.18, 272.19 or 272.20 or a former
15 Crimes Act provision.
16
17 (4) Delete section 12(5)(b) and insert:
18
19 (b) has afforded the applicant an opportunity to
20 make submissions and adduce evidence.
21
22 (5) In section 12(6) delete "and each objector (if any) to the
23 granting of the application".
24 (6) Delete section 12(7)(a) and insert:
25
26
27 (a) the Commissioner is forthwith, by notice in
28 writing, to inform the applicant of the granting
29 of the application and the right to apply to the
30 State Administrative Tribunal for a review of
31 any condition imposed; and
32
page 42
Consumer Protection Legislation Amendment Bill 2013
Travel Agents Act 1985 amended Part 15
s. 114
1 (7) In section 12 after each of subsections (2)(a) to (f) and (4)(a)
2 to (g) insert:
3
4 or
5
6 114. Section 21 amended
7 (1) After section 21(4)(c) insert:
8
9 (da) a licensee has been found guilty of an offence
10 under The Criminal Code section 187, the
11 Criminal Code Act 1995 (Commonwealth)
12 section 272.18, 272.19 or 272.20 or a former
13 Crimes Act provision; or
14
15 (2) Delete section 21(4a).
16 (3) In section 21(4) after each of paragraphs (a), (b), (c), (d), (e), (f)
17 and (g) insert:
18
19 or
20
21 115. Section 22 amended
22 (1) In section 22(1) delete "If " and insert:
23
24 Subject to subsection (1a), if
25
26 (2) In section 22(1a) delete the passage that begins with "If " and
27 ends with "it --" and insert:
28
29 If the State Administrative Tribunal, on dealing with an
30 allegation under section 21(5) in respect of a belief described in
page 43
Consumer Protection Legislation Amendment Bill 2013
Part 15 Travel Agents Act 1985 amended
s. 116
1 section 21(4)(da), is satisfied that the licensee has been found
2 guilty of an offence under The Criminal Code section 187, the
3 Criminal Code Act 1995 (Commonwealth) section 272.18,
4 272.19 or 272.20 or a former Crimes Act provision, the
5 Tribunal --
6
7 116. Section 23 amended
8 In section 23(2) in the definition of person aggrieved delete
9 paragraph (a) and insert:
10
11 (a) a person upon whose application a reviewable
12 decision is made; or
13
14 117. Section 30 amended
15 (1) Delete section 30(1)(da) and insert:
16
17 (da) has been found guilty of an offence under
18 The Criminal Code section 187, the Criminal
19 Code Act 1995 (Commonwealth)
20 section 272.18, 272.19 or 272.20 or a former
21 Crimes Act provision; or
22
23 (2) In section 30(1) after each of paragraphs (a), (b), (c) and (d)
24 insert:
25
26 or
27
28
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