Western Australian Current Acts
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FAIR TRADING ACT 2010
TABLE OF PROVISIONS
Long Title
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Object of Act
PART 2 -- Interpretation and application
Division 1 -- General interpretation
4. Which interpretation Act applies to ACL (WA)
5. Application of s. 6-9 and
6. Terms used
7. Term used: consumer
8. Term used: services
9. Further provisions about interpretation
Division 2 -- Application
10. Act binds Crown
11. Territorial application of Act
12. Concurrent operation of laws of other jurisdictions not limited
13. No contracting out
14. Relationship with other Acts and rules of law
15. Inconsistencies with other enactments
PART 3 -- The Australian Consumer Law
Division 1 -- Object and interpretation
16. Object of this Part
17. Terms used
Division 2 -- Application of Australian Consumer Law
18. Australian Consumer Law text
19. Application of Australian Consumer Law text
19A. Tabling amending laws
19B. Disallowance of amending laws
19C. Commencement of amending laws
19D. Amending laws enacted after 1 June 2021 but before commencement day
19E. Tabling of amending law taken to be publication for Standing ORDER s
21. Certain instruments to be published, and may be disallowed by Parliament
22. Term used in ACL (WA): regulator
23. ACL (WA), interpretation of
24. ACL (WA), application of
Division 3 -- References to Australian Consumer Law
25. References to Australian Consumer Law
26. References to Australian Consumer Law of other jurisdictions
Division 4 -- Application of Australian Consumer Law to Crown
27. Division does not apply to Commonwealth
28. Application law of this jurisdiction binds Crown
29. Application law of other jurisdictions binds Crown
30. Crown not liable to pecuniary penalty or prosecution
Division 5 -- Miscellaneous
31. No doubling-up of criminal liabilities
32. Offences against ACL (WA) are crimes
33. Pecuniary penalty proceedings under ACL (WA) s. 224, civil rules of evidence etc. apply
35. Sale of Goods Act 1895, inconsistency with certain provisions of ACL (WA)
Division 6 -- Transitional
37. Certain injunction proceedings pending at 1 Jan 2011
38. ACL (WA) Part 2-3 (unfair contract terms), application of to contracts made on or after 1 Jan 2011
39. ACL (WA) Part 3-2 Div. 2 (unsolicited consumer agreements), application of to contracts made before 1 Jan 2011 etc.
40. ACL (WA) s. 101 (requests for itemised bills), application of for services supplied before 1 Jan 2011
41. ACL (WA) s. 224(4)(c), interpretation of
PART 4 -- Codes of practice
Division 1 -- Preliminary
42. Outline of this PART
43. Term used: code of practice
Division 2 -- Development and implementation of codes of practice
44. Draft codes of practice, preparation of
45. Regulations prescribing code of practice
46. Interim code of practice, regulations may prescribe
Division 3 -- Enforcement of codes of practice
47. SAT’s powers to deal with contraventions of prescribed code of practice
48. Commissioner may take or defend, or assume the conduct or defence of, proceedings relating to contravention of code of practice
49. Provisions for proceedings Commissioner institutes, defends or assumes conduct or defence of
50. No doubling-up of liabilities
51. Action taken for breach of code of practice doesn’t preclude other civil action
52. Transitional provisions for codes of practice prescribed before 1 Jan 2011
53. Transitional provisions for undertakings under Fair Trading Act 1987 s.
54. Transitional provisions for contraventions of code of practice before 1 Jan 2011
PART 5 -- Administrative provisions
Division 1 -- Commissioner
55. Commissioner, designation and title of
56. General functions of Commissioner
57A. Licensing and regulatory functions of Commissioner
57. Warnings and information, Commissioner may issue
58. Instituting, defending or assuming conduct or defence of legal proceedings on behalf of consumers or businesses
59. Provisions for proceedings Commissioner institutes, defends or assumes conduct or defence of
60. Delegation by Commissioner
61. Judicial notice of Commissioner’s signature etc.
Division 2 -- Offence
62. Advertisements not to imply approval by consumer affairs authority
Division 3 -- Advisory committees
Subdivision 1 -- Property Industry Advisory Committee
63A. Committee established
63B. Membership
63C. Functions
63D. Procedure
Subdivision 2 -- Motor Vehicle Industry Advisory Committee
63E. Committee established
63F. Membership
63G. Functions
63H. Procedure
Subdivision 3 -- Consumer Advisory Committee
63I. Committee established
63J. Membership
63K. Functions
63L. Procedure
Subdivision 4 -- Regulations prescribing committee procedures, etc.
63M. Regulations
PART 6 -- Investigation and enforcement
Division 1 -- Preliminary
63. Terms used
64A. Authorised persons cannot be public officers under Criminal Investigation Act 2006
Division 2 -- Investigators
64. Designating people as investigators
65. Certificate of authority of investigator
66. Certificate of authority to be produced on demand
67. Persons assisting investigators
Division 3 -- General powers
68. Investigations and inquiries, Commissioner’s powers to make
69. Investigations and inquiries, powers for
70. Interviews under s. 69(1)(a), conduct of
71. Warrant to enter premises or motor vehicle
72. Warrants wanted urgently, may be obtained by telephone etc.
73. Warrants by telephone etc., further provisions for
74. Warrants, issue and effect of
75. Warrants, powers under to obtain access information for computers etc.
76. Warrants, further powers under
77. Damage to equipment or data, compensation for
78. Warrants, execution and duration of
79. Seizing things
80. Seized things, copies of to be provided
81. Seized things, access to by owner
82. Seized things, return of
83. Seizure, SAT may review
84. Seized things, forfeiture of
85. Forfeited things, dealing with
86. Privilege against self-incrimination doesn’t apply
87. Information obtained, use of etc.
Division 4A -- Specific powers for enforcement of licensing and regulatory provisions
88A. Terms used
88B. Investigations and inquiries for licensing and regulatory purposes, Commissioner’s powers to make
88C. Authorised persons’ powers for this Division
88D. Police assistance with investigations and inquiries
88E. Compliance checks at regulated person’s business premises, powers for
Division 4 -- Offences
88. Failing to cooperate with investigation
89. Obstructing authorised person
PART 7 -- Criminal and civil proceedings
Division 1 -- Preliminary
90. Term used: person involved in a contravention of a provision of this Act
Division 2 -- Criminal proceedings
91. Time limit for commencing proceedings
92. Who may institute criminal proceedings
93. Court of summary jurisdiction to be constituted by magistrate
94. Courts’ other powers in criminal proceedings
94A. Liability of officers for offence by body corporate
95. Vicarious liability of employers, principals and other persons
96. Defence: reasonable mistake of fact
97. Defences: accident, act or default of another etc.
98. Defence: publication of advertisements in ordinary course of business
Division 3 -- Civil proceedings
99. Injunctions to prevent or stop contraventions of Act
100. Injunctions to prevent etc. other contraventions
101. Injunctions, general provisions about
102. Interim injunctions
103. Final injunction may be granted if parties consent
104. Injunction may be rescinded or varied
105. Supreme and District Courts’ other powers in Part 7 proceedings
106. Supreme and District Courts’ powers to prohibit payments, transfers of property etc.
107. Contravening s. 106 order, offence
108. Findings of fact or admissions in certain proceedings to be evidence in others
Division 4 -- Further provisions relating to proceedings
109. State of mind of person, meaning of in s. 110 and 111
110. State of mind and conduct of body corporate, establishing
111. State of mind and conduct of principal (not a body corporate), establishing
PART 8 -- Miscellaneous
112. Personal information obtained officially, when may be divulged etc.
113. Information obtained officially may be used for certain other purposes and legislation
114. Protection from liability for wrongdoing
115. Protection from liability for publishing official statements
116. Regulations
PART 9 -- Transitional provisions
117. Regulations for transitional matters
118. Fair Trading (Product Information Standard) Regulation 2005 Part 4 (builders plates for recreational vessels), continuation of
119. Orders made before 1 Jan 2011 recalling defective goods etc., effect of
120. Delegations made before 1 Jan 2011, effect of
121. Interpretation Act 1984, application of to expiring Acts
SCHEDULE 1 -- Acts that override the Australian Consumer Law (WA) Part 3-3
SCHEDULE 2 -- Registration Acts
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