Fair Trading Regulations 2010 (SA)

South Australia Fair Trading Regulations 2010 under the Fair Trading Act 1987

Contents 1 Short title 3 Interpretation 4 Related Acts (section 3 of Act) 4A Disclosure of relevant interest by insurer (section 28K(1) of Act) 4B Disclosure of choice of repairer by insurer (section 28K(2) of Act) 4C Exempt transactions (section 28K of Act) 5 Liability relating to supply of recreational services may be limited (section 42 of Act) 6 Embargo notices (section 78C of Act) 7 Expiation of offences against Australian Consumer Law (SA) Schedule 1—Forms Legislative history

1—Short title These regulations may be cited as the Fair Trading Regulations 2010. 3—Interpretation In these regulations— Act means the Fair Trading Act 1987. 4—Related Acts (section 3 of Act) For the purposes of paragraph (b) of the definition of related Act in section 3(1) of the Act, each of the following is prescribed as a related Act: (a) the Hairdressers Act 1988; (b) the Land and Business (Sale and Conveyancing) Act 1994; (c) Part 41 of the Landlord and Tenant Act 1936; (d) the Residential Parks Act 2007; (e) the Building and Construction Industry Security of Payment Act 2009; (f) the Community Titles Act 1996; (g) the Strata Titles Act 1988; (h) section 9 of the Major Events Act 2013. Note— 1 Part 4 of the Landlord and Tenant Act 1936 was repealed by section 81 of the Retail and Commercial Leases Act 1995. However, it continues to apply (subject to modifications prescribed by regulation under the Retail and Commercial Leases Act 1995) to a retail shop lease entered into before the commencement of the Retail and Commercial Leases Act 1995. 4A—Disclosure of relevant interest by insurer (section 28K(1) of Act) (1) Subject to this regulation, for the purposes of section 28K(1) of the Act, an insurer must disclose any relevant interest held by the insurer in relation to a repairer in the manner set out in this regulation. (2) An insurer must provide the holder of the policy of insurance with— (a) a statement of relevant interest; and (b) a statement advising the holder of the policy of the availability of all statements of relevant interest on the insurer's website in accordance with subregulation (4). (3) A statement required to be provided by an insurer to the holder of a policy of insurance under subregulation (2) must— (a) be given to the holder of the policy personally; or (b) be read out to the holder of the policy over the telephone; or (c) be posted in an envelope addressed to the holder of the policy— (i) at the holder of the policy's last known address; or (ii) at an address for service provided by the holder of the policy; or (d) be provided by electronic means agreed by the insurer and the holder of the policy. (4) An insurer must make available a list of all current statements of relevant interest on the insurer's website in a manner— (a) that is easily accessible to holders of a policy of insurance; and (b) that allows the holder of a policy of insurance to search the statements of relevant interest. (5) Pursuant to section 97(2)(c) of the Act, an insurer is exempt from complying with the requirement in section 28K(1) of the Act in relation to a relevant interest of a kind described in paragraph (b) of the definition of relevant interest in subsection (3) of that section if the contract or arrangement under which the repairer is engaged or authorised to undertake repairs— (a) facilitates the undertaking of repairs on a one‑off basis; and (b) does not establish an arrangement between the insurer and the repairer for undertaking repairs on behalf of the insurer on an ongoing basis. (6) In this regulation— statement of relevant interest means the name, address and contact details of the repairer in relation to whom the insurer holds a relevant interest. 4B—Disclosure of choice of repairer by insurer (section 28K(2) of Act) (1) For the purposes of section 28K(2) of the Act, an insurer must, at the time the holder of an insurance policy— (a) enters into a contract of insurance; and (b) renews a contract of insurance; and (c) makes a claim against a contract of insurance, provide to the holder of the policy— (d) if the insurance policy contains a provision allowing the holder of an insurance policy to make a choice as to which repairer may be engaged to undertake repairs under the insurance policy—a statement of that fact; or (e) if the insurance policy does not contain a provision allowing the holder of an insurance policy to make a choice as to which repairer may be engaged to undertake repairs under the insurance policy—a statement of that fact. (2) A statement required to be provided by an insurer to the holder of an insurance policy under subregulation (1) must— (a) be given to the holder of the policy personally; or (b) be read out to the holder of the policy over the telephone; or (c) be posted in an envelope addressed to the holder of the policy— (i) at the holder of the policy's last known address; or (ii) at an address for service provided by the holder of the policy; or (d) be provided by electronic means agreed by the insurer and the holder of the policy. 4C—Exempt transactions (section 28K of Act) (1) Pursuant to section 97(2)(c) of the Act, an insurer is exempt from the requirement to make a disclosure to the holder of an insurance policy under section 28K of the Act if— (a) the policy relates to a motor vehicle that is not a designated motor vehicle; or (b) the holder of the policy is not the owner of the motor vehicle to which repairs are to be undertaken under the policy. (2) In this regulation— class C licence means a motor vehicle licence of class C prescribed for the purposes of section 72(1) of the Motor Vehicles Act 1959; designated motor vehicle means a motor vehicle authorised to be driven by a class C licence, other than— (a) a quad bike; or (b) a special purpose vehicle within the meaning of the Motor Vehicles (National Heavy Vehicles Registration Fees) Regulations 2008. 5—Liability relating to supply of recreational services may be limited (section 42 of Act) (1) Form 1 in Schedule 1 is prescribed for the purposes of section 42 of the Act. (2) For the purposes of section 42(2)(b) of the Act, a term of a contract for the supply of recreational services that excludes, restricts or modifies the liability of the supplier for any personal injury suffered by the consumer or a third party consumer must be in the form prescribed by Form 1 and contain the particulars prescribed in that form. (3) If a consumer agrees to a term that excludes, restricts or modifies the liability of the supplier (as specified in Form 1), the consumer must indicate his or her agreement by signing and dating the completed form. (4) If the consumer requests a copy of the signed and completed Form 1, the supplier must give the consumer the copy within 7 days of the request. 6—Embargo notices (section 78C of Act) For the purposes of section 78C of the Act, an embargo notice must contain the following details in addition to the matters required by section 78C(4) of the Act: (a) a description of the thing to which the notice applies; (b) either the name of the person on whom the notice is to be served or a statement that the notice is to be affixed to the thing; (c) the name, signature and business telephone number of the authorised officer who issued the notice; (d) the date on which the notice was served or affixed. 7—Expiation of offences against Australian Consumer Law (SA) The expiation fees specified in the following table are fixed for alleged offences against the Australian Consumer Law (SA) arising from an alleged contravention of the section specified opposite the fee: