Fair Trading Regulations 1999

i Fair Trading Regulations 1999 S.R. No. 103/1999 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 1 3. Commencement 1 4. Definition 1 5. Exemptions 2 6. Conciliation 2 7. Forms 2 __________________ SCHEDULE 3 FORMS 3 FORM 1—Entry, Search and Seizure Consent 3 FORM 2—Embargo Notice 4 ═══════════════ -- 1 of 5 -- 1 STATUTORY RULES 1999 S.R. No. 103/1999 Fair Trading Act 1999 Fair Trading Regulations 1999 The Governor in Council makes the following Regulations: Dated: 17 August 1999 Responsible Minister: JAN WADE Minister for Fair Trading SHANNON DELLAMARTA Acting Clerk of the Executive Council 1. Objectives The objectives of these Regulations are— (a) to prescribe forms for the purposes of the Fair Trading Act 1999; and (b) to prescribe certain persons and bodies for the purposes of that Act. 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 September 1999. 4. Definition In these Regulations, "Act" means the Fair Trading Act 1999. -- 2 of 5 -- S.R. No. 103/1999 Fair Trading Regulations 1999 2 5. Exemptions All members of the Victorian Country Press Association LTD (ACN 004 405 761) are prescribed persons for purposes of section 27(5) of the Act. 6. Conciliation The following persons and bodies are prescribed for the purposes of section 104(2) of the Act— (a) the Ombudsman appointed under section 3 of the Ombudsman Act 1973; (b) the Deputy Ombudsman (Police Complaints) appointed under section 6A of the Ombudsman Act 1973; (c) the Health Services Commissioner established under section 5 of the Health Services (Conciliation and Review) Act 1987; (d) the Legal Ombudsman appointed under section 420 of the Legal Practice Act 1996; (e) the Private Health Insurance Ombudsman established under section 82ZR of the National Health Act 1953 of the Commonwealth. 7. Forms (1) The form for consent to entry, search and seizure under section 119 of the Act is Form 1 in the Schedule. (2) The form for the embargo notice under section 126(1) of the Act is Form 2 in the Schedule. __________________ r. 5 -- 3 of 5 -- S.R. No. 103/1999 Fair Trading Regulations 1999 3 SCHEDULE FORMS FORM 1 ENTRY, SEARCH AND SEIZURE CONSENT Name of Authorising Act Section of Name of inspector Details of premises Name of occupier Address Consent to entry and search Purpose of entry and search: Statement of occupier: • The inspector has informed me of the purpose of the search. • I have been informed that I may refuse consent to the entry and search of the premises. • I have been informed that anything seized or taken with my consent during the search may be used in evidence in proceedings. • I consent to the entry and search of the premises. Signature of occupier Date Time Consent to seizure and taking Items to be seized: Statement of occupier: I consent to the seizure and taking of any items listed. Signature of occupier Date Time __________________ Form 1 -- 4 of 5 -- S.R. No. 103/1999 Fair Trading Regulations 1999 4 FORM 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 of the Fair Trading Act 1999 provides that a person who knows that an embargo notice relates to a thing and who— (a) sells; (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 of $6000. 3. 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 of the Fair Trading Act 1999 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. 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 .". ═══════════════ Form 2 -- 5 of 5 --