Fair Trading Legislation Amendment (Reform) Act 2018 (NSW)

Fair Trading Legislation Amendment (Reform) Act 2018 No 65

An Act to amend various Acts and Regulations administered by the Minister for Innovation and Better Regulation; and other related matters.

1 Name of Act This Act is the Fair Trading Legislation Amendment (Reform) Act 2018.

2 Commencement (1) This Act commences on the date of assent to this Act, except as provided by this section. (2) Schedules 1–5, 8 and 11 (other than Schedules 2.13, 4.1 and 4.2[2]) commence on 1 July 2020 or on an earlier day or days to be appointed by proclamation. (3) Schedules 2.13, 4.1 and 4.2[2] commence on a day or days to be appointed by proclamation.

3 Explanatory notes The matter appearing under the heading "Explanatory note" in any of the Schedules does not form part of this Act.

Schedule 1 Amendments relating to disclosure of information and prescribing information standards

1.1 Fair Trading Act 1987 No 68

[1] Section 9A Exchange of information Renumber the section as section 17AB and transfer it in appropriate order to Division 3 of Part 2, as inserted by this Schedule.

[2] Part 2, Division 3 Insert after Division 2 of Part 2—

Division 3 Disclosure and sharing of information

17AA Publication of certain information for public access (1) The Secretary may from time to time publish any of the following information about a licence holder or trader on the internet for access by a member of the public free of charge— (a) identifying particulars, including the name of the licence holder or trader, the licence number, class or type, the date of issue and expiry date of the licence and details of any licence conditions, (b) information about the surrender, cancellation or suspension of a licence, (c) information about any disciplinary action taken against a licence holder or trader under this Act or any other legislation administered by the Minister, (d) information about any public warnings issued under this Act or any other legislation administered by the Minister, (e) information about any undertakings given under section 86B of this Act, (f) such other information as may be prescribed by the regulations. (2) The Secretary must not publish information under this section unless satisfied that it is in the public interest to do so. (3) The Secretary may at any time remove information from, or otherwise amend, information published under this section on the Secretary's own initiative or on the application of the person to whom the information relates if the Secretary is of the opinion that the information is false, misleading or unfairly prejudicial to the interests of the person concerned. (4) The Secretary may correct any error in or omission from the information published under this section. (5) Information published under this section may include information held by the Secretary before the commencement of this section. (6) The regulations may specify— (a) the period within which information that is authorised to be published on the internet under this section must be removed from the information published on the internet, and (b) the information that is not to be published on the internet under this section. (7) No liability (including liability in defamation) is incurred for publishing in good faith information under this section or a fair report or summary of that information. (8) In the event of any inconsistency between this section and any other provisions of this Act or other legislation administered by the Minister, this section prevails to the extent of the inconsistency. (9) In this section— licence includes any licence, registration or other authority issued under this Act or any other legislation administered by the Minister. licence holder includes a former licence holder. trader means a person carrying on a business regulated under this Act or other legislation administered by the Minister but who does not hold a licence, and includes any such business that has ceased trading.