Fair Trading (Infringements) Regulations 2005
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Fair Trading (Infringements) Regulations 2005
S.R. No. 23/2005
TABLE OF PROVISIONS
Regulation Page
1. Objective 1
2. Authorising provision 1
3. Commencement 1
4. Principal Regulations 1
5. Amendment of objectives 2
6. Amendment to references to the Schedule 2
7. New regulation 9 inserted 2
9. Offences for which infringement notices may be issued 2
8. Schedule 2 inserted 3
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ENDNOTES 4
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1
STATUTORY RULES 2005
S.R. No. 23/2005
Fair Trading Act 1999
Fair Trading (Infringements) Regulations 2005
The Governor in Council makes the following Regulations:
Dated: 3 May 2005
Responsible Minister:
MARSHA THOMSON
Minister for Consumer Affairs
RUTH LEACH
Acting Clerk of the Executive Council
1. Objective
The objective of these Regulations is to amend the
Fair Trading Regulations 1999 to specify offences
for which an infringement notice may be issued,
to prescribe infringement penalties and to make
other consequential amendments.
2. Authorising provision
These Regulations are made under section 165 of
the Fair Trading Act 1999.
3. Commencement
These Regulations come into operation on 6 May
2005.
4. Principal Regulations
In these Regulations, the Fair Trading Regulations
1999 1 are called the Principal Regulations.
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5. Amendment of objectives
(1) In regulation 1(b) of the Principal Regulations, for
"Act." substitute "Act; and".
(2) After regulation (1)(b) of the Principal
Regulations insert—
"(c) to specify offences in respect of which an
infringement notice may be issued and to
prescribe infringement penalties.".
6. Amendment to references to the Schedule
In regulation 7(2) and (3) of the Principal
Regulations, for "the Schedule" substitute
"Schedule 1".
7. New regulation 9 inserted
After regulation 8 of the Principal Regulations
insert—
"9. Offences for which infringement notices
may be issued
(1) For the purposes of section 160A of the
Act, an offence against the provision of
the Act in column 1 of Schedule 2 is
specified as an offence in respect of
which an infringement notice may be
issued.
(2) The prescribed infringement penalty for
an offence by a natural person is
expressed in penalty units in column 2
of Schedule 2 set out opposite the
offence.
(3) The prescribed infringement penalty for
an offence for a body corporate is
expressed in penalty units in column 3
of Schedule 2 set out opposite the
offence.".
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8. Schedule 2 inserted
(1) In the Schedule to the Principal Regulations, for
the heading substitute—
"SCHEDULES
SCHEDULE 1".
(2) After Schedule 1 to the Principal Regulations
insert—
"__________________
SCHEDULE 2
Column 1 Column 2 Column 3
Offence
Penalty for
natural person
Penalty for body
corporate
section 29(4) 10 penalty units 20 penalty units
section 38 10 penalty units 25 penalty units
section 44 10 penalty units 25 penalty units
section 53 10 penalty units 25 penalty units
section 67D(6) 10 penalty units 20 penalty units
section 67D(7) 10 penalty units 20 penalty units
section 79 10 penalty units 20 penalty units
section 80 10 penalty units 20 penalty units
section 83(1) 10 penalty units 20 penalty units
section 84 10 penalty units 20 penalty units
section 89(1) 10 penalty units 20 penalty units
".
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ENDNOTES
1 Reg. 4: S.R. No. 103/1999. Reprint No. 1 as at 30 August 2004.
Reprinted to S.R. No. 36/2004. Subsequently amended by
S.R. Nos 110/2004 and 168/2004.
Endnotes
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