Fair Trading Amendment Bill Introduced to WA Parliament

Friday 3 May 2019 @ 1.27 p.m. | Legal Research | Trade & Commerce

The Fair Trading Amendment Bill 2019 (the “Bill”) was introduced to Western Australia’s Legislative Council on 3 April 2019, by the Hon Alannah MacTiernan (Minister for Regional Development).  The intention of the Bill is to "amend the Fair Trading Act 2010, to improve the operation of the consumer law in Western Australia".  The Bill is currently before the Legislative Council.

The Legislation

The Bill repeals the Fair Trading (Permitted Calling Hours) Regulations 2014 (WA) and amends the Fair Trading Act 2010 (WA) (the “Act”). It is envisaged the amendments will ensure ongoing consistency between the Australian Consumer Law (WA) and the Australian Consumer Law in other jurisdictions.

According to the Bill's Explanatory Memorandum, the current requirement for the Act to be updated by way of an amendment bill creates a lack of consistency that adversely impacts small businesses and consumers and hampers enforcement in WA. The lack of consistency between the ACL and ACL (WA) is confusing for traders and consumers, with small businesses especially disadvantaged.

Overview of the Amendments

The Minister said it is hoped the proposed amendments “will enable all businesses and consumers in Western Australia to better understand their rights and obligations, and enjoy the full range of protections provided at any given time under the national law”.

Amendments to the Fair Trading Act 2010 (WA) include:

  • amendments to section 17 include adding two new definitions “amend” and “amending law”;
  • substantive amendments to section 19, including the addition of new sections 19A to 19E; and
  • the deletion of section 36, as it is no longer required.

The repealing of the Fair Trading (Permitted Calling Hours) Regulations 2014 (WA) is a consequence of the deletion of section 36 of the Act.

Commenting on the Bill, the Minister said that it is hoped the amendments will:

“… enable all businesses and consumers in Western Australia to better understand their rights and obligations, and enjoy the full range of protections provided at any given time under the national law. It will reduce the time lag between consumer laws operating in WA under national law and consumer laws operating in WA under state law”

She also said:

“The proposed amendments will improve the operation of the Australian Consumer Law and the administration of the Fair Trading Act to the benefit of all stakeholders.”

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Sources:

Fair Trading Amendment Bill 2019 (WA) - Bill and supporting information available from TimeBase LawOne service

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