Fair Trading Inspectors Act 2014

This Act may be cited as the Fair Trading Inspectors Act 2014.

This Act commences on a day to be fixed by proclamation.

This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence.

This Act enacts common provisions for the following Acts (each a primary Act)—

Agents Financial Administration Act 2014;

Associations Incorporation Act 1981;

Body Corporate and Community Management Act 1997, chapter 5, part 2, division 5, subdivisions 2 and 3;

Building Units and Group Titles Act 1980, part 4, division 3, subdivision 2;

Debt Collectors (Field Agents and Collection Agents) Act 2014;

Funeral Benefit Business Act 1982;

Introduction Agents Act 2001;

Land Sales Act 1984;

Manufactured Homes (Residential Parks) Act 2003;

Motor Dealers and Chattel Auctioneers Act 2014;

Property Occupations Act 2014;

Residential Services (Accreditation) Act 2002;

Retirement Villages Act 1999;

Second-hand Dealers and Pawnbrokers Act 2003;

Security Providers Act 1993;

South Bank Corporation Act 1989, part 9A, divisions 5 and 6;

Tourism Services Act 2003.

The common provisions mostly concern—

the appointment and powers of inspectors for primary Acts; and

the procedures relating to the exercise of the powers.

The common provisions are modified for the Associations Incorporation Act 1981 by subsections (3) to (5) (each a modifying provision).

A word defined in the Associations Incorporation Act 1981 and used in a modifying provision has the same meaning in the modifying provision as it has in that Act.

In section 12 a reference to a power under this Act of an inspector for the Associations Incorporation Act 1981 does not include a power mentioned in chapter 2, part 3, division 1.

The power for an inspector to enter a place under section 22(1)(d) includes the power to enter a place (other than a part of a place where a person resides) where an incorporated association carries out its activities, holds its general meetings or keeps its records.

Chapter 2, part 4 does not apply in relation to an inspector for the Associations Incorporation Act 1981.

The common provisions are modified for the Manufactured Homes (Residential Parks) Act 2003 by subsections (3) and (4) (each a modifying provision).

A word defined in the Manufactured Homes (Residential Parks) Act 2003 and used in a modifying provision has the same meaning in the modifying provision as it has in that Act.

Without limiting who may be an occupier under schedule 1, definition occupier, of a place, the park owner for a residential park is an occupier of the residential park, other than any part of the park that is a home owner’s manufactured home or the site on which it is positioned.

The power for an inspector to enter a place under section 22(1)(d) includes the power to enter a place (other than a part of the place where a person resides) that is an office or other place for administering or managing a residential park for which site agreements are in force, and that is—

open for carrying on the business of the park; or

otherwise open for entry.

The common provisions are modified for the Property Occupations Act 2014 by subsections (3) and (4) (each a modifying provision).

A word defined in the Property Occupations Act 2014 and used in a modifying provision has the same meaning in the modifying provision as it has in that Act.

In sections 28, 41, 42, 49, 55 and 67 a reference to an offence against a primary Act is taken to include a reference to a contravention of the Property Occupations Act 2014, section 207, 208 or 209.

In section 60 a reference to an offence against a primary Act is taken to include a reference to a contravention of the Property Occupations Act 2014, section 92B(1) or 151B(1).

The common provisions are modified for the Residential Services (Accreditation) Act 2002 by subsections (3) and (4) (each a modifying provision).

A word defined in the Residential Services (Accreditation) Act 2002 and used in a modifying provision has the same meaning in the modifying provision as it has in that Act.

Without limiting who may be an occupier under schedule 1, definition occupier, of a place, the service provider for a residential service is an occupier of premises in which the residential service is being conducted, other than any part of the premises that is occupied by a person as the person’s place of residence.

If an inspector enters a private residence under section 22(1)(a) or (c), the inspector must preserve, as far as practicable, the privacy of anyone living at the residence.

In this section—

private residence includes a room in registered premises occupied by a person as the person’s place of residence.

The common provisions are modified for the Retirement Villages Act 1999 by subsection (3) (the modifying provision).

A word defined in the Retirement Villages Act 1999 and used in the modifying provision has the same meaning in the modifying provision as it has in that Act.

The power for an inspector to enter a place under section 22(1)(d) includes the power to enter a place (other than a part of the place where a person resides) that is an office or other place for administering or managing a retirement village and that is—

open for carrying on the business of the retirement village; or

otherwise open for entry.

The common provisions are modified for the Tourism Services Act 2003 by subsections (3) to (5) (each a modifying provision).

A word defined in the Tourism Services Act 2003 and used in a modifying provision has the same meaning in the modifying provision as it has in that Act.

The power for an inspector to enter a place under section 22(1)(d) includes the power to enter a place (other than a part of a place where a person resides) if—

the inspector reasonably believes that records relating to carrying on the business of an inbound tour operator, or business as a tour guide, are kept at the place; and

the place is—

open for carrying on business; or

otherwise open for entry.

An inspector must not seize a thing under section 41 or 42 if the inspector knows or suspects it is the property, or in the possession, of a tourist.

In sections 28, 33, 41, 42, 49, 55 and 67 a reference to an offence against a primary Act is taken to include a reference to a relevant contravention.

Note—

The term ‘relevant contravention’ is defined in the Tourism Services Act 2003, schedule 2.

s 10 om 2014 No. 30 s 63 sch 1

The dictionary in schedule 1 defines particular words used in this Act.