Fair Trading (Recreational Services) Regulations 2004

Victorian Legislation Parliamentary Documents i Fair Trading (Recreational Services) Regulations 2004 S.R. No. 34/2004 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Definition 2 5. Limitation of liability in relation to supply of recreational services 2 __________________ SCHEDULES 3 SCHEDULE 1 3 SCHEDULE 2 4 ═══════════════ -- 1 of 5 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 34/2004 Fair Trading Act 1999 Fair Trading (Recreational Services) Regulations 2004 The Chief Justice, Administrator of the State of Victoria as the Governor's Deputy with the advice of the Executive Council makes the following Regulations: Dated: 4 May 2004 Responsible Minister: JOHN LENDERS Minister for Consumer Affairs DIANE CASEY Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe particulars for the purposes of section 32N of the Fair Trading Act 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 June 2004. -- 2 of 5 -- Victorian Legislation Parliamentary Documents S.R. No. 34/2004 Fair Trading (Recreational Services) Regulations 2004 2 4. Definition In these Regulations "gross negligence", in relation to an act or omission, means that the act or omission was done or omitted to be done with reckless disregard, with or without consciousness, for the consequences of the act or omission. 5. Limitation of liability in relation to supply of recreational services (1) For the purposes of section 32N(2)(c) of the Fair Trading Act 1999, a term excluding, restricting or modifying the application of, the exercise of a right conferred by, or any liability of a supplier for a breach of, conditions implied by sections 32J or 32JA of that Act or that has that effect must― (a) if the term is contained in or on a sign displayed at the place at which the recreational services are being supplied, include the warning and note set out in Schedule 1 in a form that complies with sub- regulation (2); and (b) if the term is contained in or on a notice given to the purchaser, include the warning and note set out in Schedule 1; and (c) if the term is contained in a form to be signed by the purchaser, include the warning and note set out in Schedule 2. (2) For the purposes of sub-regulation (1)(a), the warning and note must be in a font size at least equal to the largest font size used elsewhere in the sign, excluding the name or logo of the supplier. __________________ r. 4 -- 3 of 5 -- Victorian Legislation Parliamentary Documents S.R. No. 34/2004 Fair Trading (Recreational Services) Regulations 2004 3 SCHEDULES SCHEDULE 1 WARNING: If you participate in these activities your rights to sue the supplier under the Fair Trading Act 1999 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in or on this *sign/*notice. NOTE: The change to your rights, as set out in or on this *sign/*notice, 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. *Delete whichever is not applicable. __________________ Sch. 1 -- 4 of 5 -- Victorian Legislation Parliamentary Documents S.R. No. 34/2004 Fair Trading (Recreational Services) Regulations 2004 4 SCHEDULE 2 WARNING UNDER THE FAIR TRADING ACT 1999 Under the provisions of the Fair Trading Act 1999 several conditions are implied into contracts for the supply of certain goods and services. These conditions 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 • as fit for the purpose for which they are commonly bought as it is reasonable to expect in the circumstances; and • reasonably fit for any particular purpose or might reasonably be expected to achieve any result you have made known to the supplier. Under section 32N of the Fair Trading Act 1999, the supplier is entitled to ask you to agree that these conditions 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 were not rendered with due care and skill or they were not reasonably fit for their purpose, 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. ═══════════════ Sch. 2 -- 5 of 5 --