Fair Trading (Health and Fitness Industry Code) Regulations 2022 (SA)

South Australia Fair Trading (Health and Fitness Industry Code) Regulations 2022 under the Fair Trading Act 1987

Contents 1 Short title 2 Commencement 3 Interpretation 4 Prescription of code 5 Contravention of code subject to civil penalty Schedule 1—Health and Fitness Industry Code 1 Citation 2 Interpretation 3 Application 4 Membership agreements 5 Fixed term agreement 6 Periodic agreement 7 Trader not to renegotiate if fixed term agreement has more than 3 months remaining 8 Trader not to offer incentives or exert undue pressure on consumer to enter into periodic agreement with initial fixed period 9 Trader not to accept periodic payment more than 12 months in advance 10 Trader to give copy of agreement to consumer 11 Trader to give consumer notice of end of initial fixed period in periodic agreement Schedule 2—Transitional provisions 1 Transitional provision relating to membership agreements entered into before 1 September 2022 Schedule 3—Repeal of Fair Trading (Health and Fitness Industry Code) Regulations 2007 Legislative history

1—Short title These regulations may be cited as the Fair Trading (Health and Fitness Industry Code) Regulations 2022. 2—Commencement These regulations come into operation on 1 September 2022. 3—Interpretation In these regulations— Act means the Fair Trading Act 1987; civil penalty contravention has the same meaning as in Part 7 Division 3A of the Act; code means the Health and Fitness Industry Code 2022 set out in Schedule 1. 4—Prescription of code (1) The code is prescribed as an industry code for the purposes of Part 3A of the Act. (2) The Commissioner for Consumer Affairs is responsible for the administration of the code. Note— Under Schedule 1 clause 37(2) of the Small Business Commissioner Act 2011, the code is taken to have been prescribed as an industry code. 5—Contravention of code subject to civil penalty (1) A contravention of section 28E of the Act constituted of a contravention of the code is to be subject to a civil penalty under Part 7 Division 3A of the Act. (2) The expiation fee for an alleged civil penalty contravention involving an alleged contravention or attempted contravention of the code (other than an alleged contravention or attempted contravention of clause 10 of the code) is $500.