Regulations
97 Regulations
The
Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.
Without limiting the generality of subsection (1), the regulations may—
be of general or limited application; and
confer powers or impose duties in connection with the regulations on the
Minister, the Small Business Commission, the Commissioner for
Consumer Affairs or an authorised officer; and
fix fees in respect of any matter under this Act and provide for their payment, recovery or waiver; and
exempt a specified person or class of persons, or a specified transaction or class of transactions, from compliance with this Act or a specified provision of this Act, either absolutely or on conditions or subject to limitations; and
make different provision according to the classes of persons, or the matters or circumstances, to which they are expressed to apply; and
incorporate, adopt, apply or make prescriptions by reference to, with or without modifications, any document formulated or published by any body or authority as in force at a particular time or from time to time; and
make provisions of a saving or transitional nature—
consequent on the amendment of this Act by a relevant Act; or
relevant to the interaction between this Act and a relevant Commonwealth Act;
and
without derogating from the power to fix expiation fees under section 28F, fix expiation fees for an alleged offence against this Act or the regulations, not exceeding—
in the case of an offence against this Act—$1 200; and
in the case of an offence against the regulations—$210; and
impose penalties not exceeding $2 500 for contravention of a regulation.
A provision of a regulation made under subsection (2)(g) may, if the regulation so provides, take effect from the commencement of a relevant Act or relevant Commonwealth Act or from a later day.
If a document formulated or published by any body or authority as in force at a particular time or from time to time is incorporated, adopted, applied or referred to in the regulations—
a copy of the document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and
evidence of the contents of the document may be given in any legal proceedings by production of a document apparently certified by the
Minister or the Minister responsible for the administration of the
Small
Business Commission Act 2011 to be a true copy of the document.
In this section—
relevant
Act means the Statutes
Amendment and Repeal (Australian Consumer Law) Act 2010;
relevant
Commonwealth Act means—
the
Trade
Practices Amendment (Australian Consumer Law) Act (No 2) 2010 of the Commonwealth; or
any other Act of the Commonwealth relevant to the interaction between this Act and the Competition and Consumer Act.
This provision refers to the regulations (the regulations
, a regulation
, the regulation
). Made under this Act:
- Fair Trading (Building and Construction Industry Dispute Resolution Code) Regulations 2017
- Fair Trading (Fuel Pricing Information) Regulations 2021
- Fair Trading (Mining and Resources Industry Land Access Dispute Resolution Code) Regulations 2018
1 more instrument made under this Act are listed on the Act’s overview.
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