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Consumer Protection Legislation Amendment and Repeal Bill 2005

Bill No.084

SynopsisThe purpose of this Bill is to make amendments to a number of Acts within the portfolio of Consumer Protection. The amendments correct anomalies, improve consumer protection, streamline administrative practices and remove unnecessary legislation. The Bill repeals one Act and amends 11 Acts. In particular, the Bill -
  • amends the Builders' Registration Act 1939 to correct a drafting oversight so that the building licence levy will apply throughout the State as intended by the Building Legislation Amendment Act 2000;
  • amends the Consumer Affairs Act 1971 to extend the term of membership of members of the Consumer Product Safety Committee from one to three years and to enable the Commissioner for Fair Trading to make product safety orders in the interests of public safety, that have been promulgated under product safety laws in other States and Territories, or by the Commonwealth;
  • amends the Credit (Administration) Act 1984 to establish a Consumer Credit Fund in order for civil penalty amounts awarded against credit providers who have breached the Consumer Credit Code to be able to be distributed for purposes of advancing consumer credit issues such as providing counselling services, providing legal advice and providing information and research about the use of consumer credit;
  • amends the Land Valuers Licensing Act 1978 to increase all penalties under the Act in line with the recommendations of the Temby Royal Commission;
  • amends the Motor Vehicle Dealers Act 1973 to correct a drafting oversight from the Motor Vehicle Dealers Amendment Act 2002 where the term "agent" was used instead of "dealer" in a trust account provision;
  • amends the Residential Tenancies Act 1987 to overcome inconsistencies by enabling decisions regarding tenancy disputes made by Registrars in the Magistrates Court to be able to be appealed and amends the Regulations to provide for the electronic lodging of bond monies;
  • amends the Real Estate and Business Agent Act 1978 to exempt holiday accommodation managers from licensing provisions of the Act;
  • amends the Retirement Villages Act 1992 to exempt residential aged care facilities that achieve and maintain Commonwealth certification or accreditation under the provisions of the Commonwealth Aged Care Act 1997 from the provisions of the Retirement Villages Act 1992;
  • amends the Settlement Agents Act 1981 to provide certainty for the vendor's settlement agent being able to withdraw trust monies after settlement to pay the commission, or balance of the commission, of the real estate agent in accordance with the authorisation of the vendor;
  • repeals the Trading Stamps Act 1981 to overcome outmoded concepts which prohibit businesses offering coupons, that can be redeemed from a third party, in connection with the sale of their goods or services, and as a result of the repeal, amends the Fair Trading Act 1987 to provide for the Minister to approve benign third party trading schemes and prohibit others that are contrary to fair trading principles; and
  • amends the Travel Agents Act 1985 to implement a National Competition Policy review recommendation to remove the Crown's exemption from compliance with the Act.

StatusAssented to 12/12/2006
Royal Assent given 13 Dec 2006 as Act No. 69 of 2006. This Act comes into operation on a day fixed by Proclamation (see Assent and Commencement information for Acts)

Current Bill


Previous Bills


Legislative Assembly DateNote No.Related Documents
Introduced 09/21/2005  
First Reading 09/21/2005  
Second Reading 09/21/2005  
Second Reading Speech   
Second Reading Agreed 10/20/2005  
Consideration in Detail 10/20/2005  
Amendments adopted 10/20/2005  
Third Reading 11/08/2005  

Legislative Council DateNote No.
Introduced 11/09/2005  
First Reading 11/09/2005  
Second Reading 11/09/2005  
Second Reading Speech   
Second Reading Agreed 12/07/2006  
Committee of the whole 12/07/2006  
Third Reading 12/07/2006  

Other Procedures DateNote No.Related Links
Referred to the Standing Committee on Uniform Legislation and General Purposes.  06/01/2006  
Legislative Council Second Reading - Committee Report Tabled  06/27/2006