Fair Trading (Forms) Regulations 2004

Victorian Legislation and Parliamentary Documents i Fair Trading (Forms) Regulations 2004 S.R. No. 168/2004 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 1 3. Commencement 1 4. Revocation of regulation 7(1) 1 5. Revocation of form of consent to entry, search and seizure 2 6. Embargo Notice 2 ═══════════════ ENDNOTES 4 -- 1 of 5 -- Victorian Legislation and Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 168/2004 Fair Trading Act 1999 Fair Trading (Forms) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 14 December 2004 Responsible Minister: JOHN LENDERS Minister for Consumer Affairs DIANE CASEY Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to revoke a form, to prescribe a form of embargo notice, and to make consequential amendments to the Fair Trading Regulations 1999. 2. Authorising provision These Regulations are made under section 165 of the Fair Trading Act 1999. 3. Commencement These Regulations come into operation on 1 February 2005. 4. Revocation of regulation 7(1) Regulation 7(1) of the Fair Trading Regulations 19991 is revoked. -- 2 of 5 -- Victorian Legislation and Parliamentary Documents S.R. No. 168/2004 Fair Trading (Forms) Regulations 2004 2 5. Revocation of form of consent to entry, search and seizure Form 1 in the Schedule to the Fair Trading Regulations 1999 is revoked. 6. Embargo Notice For Form 2 in the Schedule to the Fair Trading Regulations 1999 substitute— "FORM 2 Regulation 7(2) EMBARGO NOTICE Fair Trading Act 1999 Section 126 1. The item described below has been embargoed under section 126 of the Fair Trading Act 1999. 2. Section 126(2) provides that a person who knows that an embargo notice relates to a thing and who— (a) sells; or (b) leases; or (c) without the written consent of the inspector who issued the embargo notice, moves; or (d) transfers; or (e) otherwise deals with— the thing or any part of the thing is guilty of an offence and liable to a penalty not exceeding 60 penalty units. 3. Section 126(3) provides that it is a defence to a prosecution for such an offence to prove that the thing or part of the thing was moved for the purpose of protecting and preserving it. 4. Section 126(4) provides that despite anything in any other Act, a sale, lease, transfer or other dealing with a thing in contravention of that section is void. r. 5 -- 3 of 5 -- Victorian Legislation and Parliamentary Documents S.R. No. 168/2004 Fair Trading (Forms) Regulations 2004 3 Description of embargoed item— This notice has been— † served on (name) † affixed to the item described above Signature of inspector Name of inspector Telephone number Date Time ". ═══════════════ r. 6 -- 4 of 5 -- Victorian Legislation and Parliamentary Documents S.R. No. 168/2004 Fair Trading (Forms) Regulations 2004 4 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. No. 110/2004. Endnotes -- 5 of 5 --