His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Consumer Claims Act 1998.
JW Shaw, QC MLCMinister for Fair Trading
1 Name of Regulation
This Regulation is the Consumer Claims Regulation 1999.
2 Commencement
This Regulation commences on 1 March 1999.
3 Definitions
In this Regulation:the Act means the Consumer Claims Act 1998.
4 Notes
The explanatory note, table of contents and notes in the text of this Regulation do not form part of this Regulation.
5 Applications
Applications under section 6 of the Act may be lodged in accordance with the Fair Trading Tribunal Regulation 1999.
6 Limitation on Tribunal’s jurisdiction to make orders
In relation to claims arising under the Act (other than claims relating to commission fees charged by agents licensed under the Property, Stock and Business Agents Act 1941), the prescribed amount for the purposes of section 14 of the Act is $25,000.
7 List of unsatisfactory suppliers
(1) For the purposes of section 16 (2) of the Act, the prescribed particulars are:(a) the address at which the supplier carries on business, and(b) the reason for inclusion of the supplier’s name on the unsatisfactory suppliers list.(2) For the purposes of section 16 (2) (c) of the Act, the prescribed number of orders is 5 and the prescribed period is 12 months.(3) For the purposes of section 16 (4) of the Act:(a) the prescribed period is 5 years, and(b) the supplier’s compliance with a specified order or specified orders of the Tribunal within the period notified to the supplier by the Director-General is a prescribed event, and(c) that the supplier satisfy the Director-General that the unsatisfactory conduct of the supplier will be discontinued is a prescribed condition.
8 Disputes concerning commission charged by certain licensed agents
Claims relating to commission fees charged by agents licensed under the Property, Stock and Business Agents Act 1941 are to be dealt with in the Commercial Division of the Tribunal.