Section 1 — Name of Act — Fair Trading Act 1987 (New South Wales) — Barrister AI

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Section 1 — Name of Act — Fair Trading Act 1987 (New South Wales) — Barrister AI

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s 1Name of Act s 2Commencement s 3Extent to which Act binds the Crown s 4Definitions s 5(Repealed)s 5AExtraterritorial application s 6Control and direction by Minister s 7(Repealed)s 8Delegation by Secretary s 9Functions of Secretary s 9A(Renumbered as section 17AB)s 9BAdvisory committees s 10Exclusion of liability s 11Annual reporting information s 11ADefinition of court s 12Making of application for legal assistance s 13Grant of legal assistance s 14Assignment to Australian legal practitioner of case of assisted person s 15Court proceedings to which assisted person is a party s 16Costs and expenses etc relating to proceedings to which assisted person is a party s 17Privilege attaching to certain relationships s 17AAPublication of certain information for public access s 17ABExchange of information s 17ADefinition s 18Office and identification of investigator s 19Powers of entry s 19APowers of search and seizure under search warrant s 20Power to obtain information, documents and evidence s 21Inspection of documents by Secretary and others s 22Preservation of secrecy s 23Obstruction etc of employees s 23AAImpersonation of authorised officers s 23ADealing with property s 23BCourt orders relating to disposal of certain consumer goods s 23C(Repealed)s 23DEmbargo notices s 23EEmbargo period for embargo notices s 23FMultiple embargo notices for the same consumer goods or product related services s 23GPowers of investigators to secure consumer goods s 23HConsent to deal with embargoed consumer goods or equipment or supply product related services s 23ICompliance with embargo notices s 26Definitions s 27The Australian Consumer Law text s 28Application of Australian Consumer Law s 29Future modifications of Australian Consumer Law text s 30Meaning of generic terms in Australian Consumer Law for purposes of this jurisdiction s 31Interpretation of Australian Consumer Law s 32Application of Australian Consumer Law s 32AApplication of Australian Consumer Law to owners corporations and associations s 33References to Australian Consumer Law s 34References to Australian Consumer Law of other jurisdictions s 35Division does not apply to Commonwealth s 36Application law of this jurisdiction s 37Application law of other jurisdictions s 38Activities that are not business s 39Crown not liable to pecuniary penalty or prosecution s 40Conferral of functions and powers on certain bodies s 41No doubling-up of liabilities s 45Requirement to notify recall of goods to persons outside New South Wales s 46Certain amounts recoverable as debt or damages s 47Certain action not to affect insurance contracts s 47ADisclosure of prejudicial terms relating to supply of goods or services s 47BDisclosure of referral fees, commissions, etc s 47CInformation standards s 47DCompliance with information standard s 48Interpretation s 49Certain fees and charges prohibited in connection with employment placement services s 50(Repealed)s 51Definitions s 52Object of Division s 53Declaration of industry code of conduct in relation to motor vehicle insurers and repairers s 54Compliance with applicable industry code of conduct s 54ADefinitions s 54BDeclaration of code of conduct applying to short-term rental accommodation industry participants s 54COffence s 54DCivil penalty for contravention of code of conduct s 54ECode of conduct prevails over development consent conditions s 55, 56(Repealed)s 57Review of Division s 58Scheme for publication of service station fuel prices s 58ADefinitions s 58BTickets to which Part applies s 58CEvent organisers s 58DDefinitions s 58EOriginal supply cost and original acquisition cost—meaning s 58FProhibited advertisement—meaning s 58GProhibition on ticket resale profit s 58HSupply of tickets not to be made contingent on other purchases s 58ITicket resale advertising s 58JCertain resale restrictions void s 58KProhibited conduct in relation to use of ticketing websites s 58LMinister may require notification of number of tickets available for general public sale s 58MInterpretation and application s 58NProhibition on gift card expiry dates of less than 3 years s 59Definitions s 60Commercial agent activity s 60ADisqualified persons s 60AAMutual recognition s 60BDisqualified person must not carry out commercial agent activity s 60CField agents and employers of field agents require licence s 60DFit and proper person s 60EIssue of commercial agent licence s 60EATime period for restoration of commercial agent licences s 60FSecretary may require person to show cause s 60GExclusion orders and restriction orders s 60HCancelling commercial agent licence s 60IAdministrative review by Tribunal s 60JRegister s 60KCommercial agent rules s 60LExchange of information s 60MPart does not apply to certain persons s 60NReview of Part s 61Interpretation s 62Enforcement provisions of ACL that extend to local offences s 63Offences against this Act s 64Penalties for contraventions s 65Compensation orders by Local Court on conviction of person s 66Other orders that may be made by court on conviction s 67Penalty notices s 67AMeaning of “first offence”s 68Proceedings for offences s 69Penalties for offences against this Act s 70Remedy provisions of ACL that extend to local matters s 71Declarations by Supreme Court concerning unfair contract terms s 72Show cause action may be taken by Secretary s 73Trading prohibition orders s 74Actions for damages and compensation orders s 75Contributory acts or omissions to reduce compensation in defective goods actions s 76Compensation orders etc arising out of unfair contract terms s 77Remedy for supply of goods in contravention of certain provisions s 78Court may make orders for the purpose of preserving money or other property held by a person s 79Other injunctions s 79ASuspension of licences s 79BObjects of this Part s 79CConferral of jurisdiction under this or any other Act not affected s 79DDefinitions s 79EMeaning of “consumer claim”s 79FMeaning of “services”s 79GMeaning of “supply”s 79HPersons presumed to be consumers s 79IConsumer may apply to Tribunal s 79JGeneral statement of jurisdiction s 79KSupply or agreement made, or supply intended to be made, in New South Wales s 79LLimitation periods s 79MClaim relating to solicitor’s or barrister’s costs s 79NOrders in favour of claimant s 79OOrders in favour of respondent s 79POrders where more than one respondent s 79QOther matters relating to orders under section 79N, 79O or 79P s 79RInterim and ancillary orders s 79SMonetary limit on Tribunal’s jurisdiction to make orders s 79TSuspension of orders s 79UMatters to be considered by Tribunal when making orders s 79VJoint liability s 79WCertain matters to be reported to President of Tribunal or to Minister s 79XPower of Secretary to establish and maintain list of unsatisfactory suppliers s 79YNSW Consumer Law Fund s 80Evidence as to publication s 81Allegation of consumer s 82Certificate of analyst s 83Evidence of standards etc s 84Evidence as to certain matters s 85Permission, consent or approval of Minister s 85AFindings in certain proceedings to be evidence s 86Intervention by Minister or Secretary s 86APublic warning statements s 86AAPublication of information about complaints s 86ABProvision of information about complaints not affected by non-disclosure agreement s 86BRegister of undertakings s 87Publication of certain statements prohibited s 87AConduct by directors, servants or agents s 88Service of notices etc s 88ARelationship with certain provisions of other Acts s 89Saving of rights and remedies s 90(Repealed)s 91Savings and transitional provisions s 92Regulations s 93(Repealed)s 1Interpretation and application of Schedule s 2Applications for consumer guarantee directions s 3Making and content of consumer guarantee directions s 4Secretary may decline to accept application or make direction s 5Notice of consumer guarantee direction to be given to consumer s 6Procedure for making consumer guarantee direction s 7Regulations relating to consumer guarantee directions s 8Amendment of consumer guarantee directions s 9Recovery of refund s 10Application to Tribunal for re-determination of making of consumer guarantee directions s 11Tribunal to re-determine consumer guarantee matter as a consumer claim s 12Tribunal to give notice and reasons for decisions to Secretary s 13Competing proceedings in Tribunal on same subject-matter prohibited s 14Publication of information about consumer guarantee directions s 1ARegulations s 1Interpretation s 2Commissioner for Consumer Affairs s 3Delegation s 4Investigating officers and inspectors s 5Products Safety Committee s 6Enforcement of certain convictions or orders s 7Regulations etc under repealed Act s 8Effect of Interpretation Act 1897 s 9References to repealed Acts s 10General s 11Interpretation Act 1987 s 11AFair Trading (Lay-by) Amendment Act 1993 s 11BFair Trading Amendment Act 1995 s 11CFair Trading Legislation Amendment Act 1997 s 11DFair Trading Amendment Act 2003 s 11EFair Trading Amendment Act 2004 s 11FHome Building Amendment Act 2004 s 11GFair Trading Amendment Act 2006 s 11HFair Trading Amendment (Funeral Goods and Services) Act 2007 s 11IFair Trading Amendment (Unfair Contract Terms) Act 2010 s 11JPersonal Property Securities Legislation Amendment Act 2010 s 12Definitions s 13References to Trade Practices Act 1974 of the Commonwealth s 14Products Safety Committee and advisory councils s 15Product bans s 16Conduct and other matters occurring or arising before commencement of ACL s 17Unfair contract terms s 18Product information standards s 19Definition s 20No compensation payable by State s 21Administrative reviews by Tribunal s 22Certain appeals rights continue s 23Certain rights of compensation scheme trustees to continue s 24Offences under Travel Agents Act 1986 s 25Continuation of disqualification s 26Part ceases to have effect s 27Regulations s 28Definition of “former Act”s 29Jurisdiction of Tribunal in relation to pre-existing consumer claims s 30Exclusion from definition of “services”s 31Matters reported to President of Tribunal or to Minister s 32Unsatisfactory suppliers list s 33Qualified privilege in proceedings for defamation s 34Definitions s 35Refund of pre-paid fee if service not provided within 3 months s 36Termination of fitness service agreement if service not commenced within 3 months s 37Civil consequences of contravention s 38Pre-paid fees required to be held in trust account before service commenced s 39Injunctions may be granted by Supreme Court s 40Penalty notices s 41Operation of Interpretation Act 1987 s 42Definition of “relevant valuer”s 43References to qualified valuers s 44Conditions and undertakings to continue s 45Expiry of clauses 43 and 44 s 46No compensation by State s 47Secretary to succeed Emergency Services Levy Insurance Monitor s 48Application of amendments s 49Application of amendments s 50Dissolution of advisory bodies s 51Consumer guarantee directions s 52Definitions s 53No compensation s 54Refund of licence fee for unused period of licence s 55Current applications, reviews and appeals s 56Unclaimed trust money s 57Persons whose commercial agent licence has been cancelled or suspended s 58Applications for licences under Part 5 by former licence holders s 59Application of amendment relating to unfair strata and community land contract terms s 1Offences committed immediately after commencement s 1Repeal of Acts s 2Provisions transferred to this Schedule s 3Liability for damage to property s 4Exclusion of liability in certain cases s 5Limitation of liability in certain cases s 6Abolition of innkeeper’s lien over certain property s 7Speculating in goods s 8Corners and restrictions on circulation of goods s 9Offences and penalties s 10Section 14BB Definitions

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This Act may be cited as the Fair Trading Act 1987.

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