Fair Trading Amendment and Revocation Regulations 2010

i Fair Trading Amendment and Revocation Regulations 2010 S.R. No. 124/2010 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Revocation 2 PART 2—FAIR TRADING REGULATIONS 2009 AMENDED 3 5 Certain regulations revoked 3 6 Schedules and forms revoked 3 PART 3—FAIR TRADING (RECREATIONAL SERVICES) REGULATIONS 2004 AMENDED 4 7 Regulation 5 amended 4 8 Schedule 2 substituted 4 SCHEDULE 2—Warning Under the Fair Trading Act 1999 4 __________________ SCHEDULE—Revocations 6 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 2010 S.R. No. 124/2010 Fair Trading Act 1999 Fair Trading Amendment and Revocation Regulations 2010 The Governor in Council makes the following Regulations: Dated: 26 October 2010 Responsible Minister: TONY ROBINSON Minister for Consumer Affairs MATTHEW McBEATH Clerk of the Executive Council PART 1—PRELIMINARY 1 Objective The objective of these Regulations is to amend and revoke a number of sets of Regulations under the Fair Trading Act 1999 as a consequence of the commencement of the Fair Trading Amendment (Australian Consumer Law) Act 2010. 2 Authorising provision These Regulations are made under section 165 of the Fair Trading Act 1999. 3 Commencement These Regulations come into operation on the day that section 9 of the Fair Trading Amendment (Australian Consumer Law) Act 2010 comes into operation. -- 2 of 8 -- Part 1—Preliminary Fair Trading Amendment and Revocation Regulations 2010 S.R. No. 124/2010 2 4 Revocation The Regulations specified in the Schedule are revoked. __________________ r. 4 -- 3 of 8 -- Part 2—Fair Trading Regulations 2009 Amended Fair Trading Amendment and Revocation Regulations 2010 S.R. No. 124/2010 3 PART 2—FAIR TRADING REGULATIONS 2009 AMENDED 5 Certain regulations revoked Regulations 1(c) and (d) and 4, 6, 7, 8, 9, 10 and 13 of the Fair Trading Regulations 2009 1 are revoked. 6 Schedules and forms revoked (1) Schedule 1 to the Fair Trading Regulations 2009 is revoked. (2) In Schedule 2 to the Fair Trading Regulations 2009— (a) Form 1 is revoked; (b) omit the line appearing at the end of Form 2. (3) Schedule 3 to the Fair Trading Regulations 2009 is revoked. __________________ r. 5 -- 4 of 8 -- Part 3—Fair Trading (Recreational Services) Regulations 2004 Amended Fair Trading Amendment and Revocation Regulations 2010 S.R. No. 124/2010 4 PART 3—FAIR TRADING (RECREATIONAL SERVICES) REGULATIONS 2004 AMENDED 7 Regulation 5 amended In regulation 5(1) of the Fair Trading (Recreational Services) Regulations 2004 2 , for "conditions implied by sections 32J or 32JA of that Act" substitute "the guarantees set out in sections 60 and 61 of the Australian Consumer Law (Victoria)". 8 Schedule 2 substituted For Schedule 2 to the Fair Trading (Recreational Services) Regulations 2004 substitute— "SCHEDULE 2 WARNING UNDER THE FAIR TRADING ACT 1999 Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you— • are rendered with due care and skill; and • are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and • might reasonably be expected to achieve any result you have made known to the supplier. r. 7 -- 5 of 8 -- Part 3—Fair Trading (Recreational Services) Regulations 2004 Amended Fair Trading Amendment and Revocation Regulations 2010 S.R. No. 124/2010 5 Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these statutory guarantees do not apply to you. If you sign this form, you will be agreeing that your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this form. NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence is defined in the Fair Trading (Recreational Services) Regulations 2004.". __________________ r. 8 -- 6 of 8 -- Fair Trading Amendment and Revocation Regulations 2010 S.R. No. 124/2010 6 SCHEDULE Regulation 4 REVOCATIONS S.R. No. Title 39/2002 Fair Trading (Safety Standard) (Basketball Rings and Backboards) Regulations 2002 95/2002 Fair Trading (Prescribed Safety Standard for Baby Walkers) Regulations 2002 98/2002 Fair Trading (Safety Standard) (Bunk Beds) Regulations 2002 26/2003 Fair Trading (Product Information Standards) (Petrol) Regulations 2003 111/2004 Fair Trading (Safety Standard) (Children's Toys) Regulations 2004 46/2007 Fair Trading (Safety Standard) (Babies' Dummies) Regulations 2007 45/2008 Fair Trading (Safety Standard) (Hot Water Bottles) Regulations 2008 86/2008 Fair Trading (Safety Standard) (Prams and Strollers) Regulations 2008 99/2008 Fair Trading (Safety Standard) (Children's Portable Folding Cots) Regulations 2008 87/2009 Fair Trading (Safety Standard) (Treadmills) Regulations 2009 88/2009 Fair Trading (Safety Standards for Lead and Certain Elements in Children's Toys) Regulations 2009 45/2010 Fair Trading (Information Standard) (Cosmetics) Regulations 2010 ═══════════════ Sch. -- 7 of 8 -- Fair Trading Amendment and Revocation Regulations 2010 S.R. No. 124/2010 7 ENDNOTES 1 Reg. 5: S.R. No. 86/2009 as amended by S.R. No. 148/2009. 2 Reg. 7: S.R. No. 34/2004. Endnotes -- 8 of 8 --