An Act to amend certain legislation to implement further emergency measures as a result of the COVID-19 pandemic.
1 Name of Act
(1) This Act, other than Schedule 1.12, commences on the date of assent to this Act.(2) Schedule 1.12 commences on the commencement of Schedule 1.1 to the Fair Trading Legislation Amendment (Reform) Act 2018.
3 Explanatory notes
The matter appearing under the heading “Explanatory note” in Schedule 1 does not form part of this Act.
Schedule 1 Miscellaneous amendments
1.12 Fair Trading Act 1987 No 68 (as amended by the Fair Trading Legislation Amendment (Reform) Act 2018)
Section 70 Remedy provisions of ACL that extend to local matters
Insert “to the extent that it relates to a provision of Part 3-1 (other than section 47(1)) of that Law” after “(Pecuniary penalties)” in section 70(3)(a).
The proposed amendment specifies which pecuniary penalties in the ACL apply to a contravention of proposed sections 47A and 47B of the Fair Trading Act 1987 that are to be inserted by Schedule 1.1 of the Fair Trading Legislation Amendment (Reform) Act 2018. Proposed section 47A requires a supplier, before supplying a consumer with goods or services, to take reasonable steps to ensure the consumer is aware of any term or condition relating to the supply that may substantially prejudice the consumer’s interests. Proposed section 47B applies to an intermediary who, under an arrangement that provides for the intermediary to receive a financial incentive, arranges contracts for the supply of goods or services as an agent or refers consumers to another supplier of goods and services. The intermediary is required, before acting under the arrangement, to take reasonable steps to ensure the consumer who will be supplied with the goods or services to which the financial incentive relates is aware of the arrangement.
sch 1: Am 1987 No 15, sec 30C.