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 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.
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:
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:
She also said:
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