Fair Trading Act 1987 (SA)

South Australia Fair Trading Act 1987 An Act to provide for the appointment and functions of the Commissioner for Consumer Affairs; to provide for the administration of certain aspects of the Act by the Small Business Commissioner; to apply the Australian Consumer Law as a law of South Australia; to make provision for industry codes; to otherwise regulate unfair or undesirable practices affecting business and other consumers; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Crown bound 4A Extraterritorial application 4B Administration of Act Part 2—Commissioner for Consumer Affairs 5 Commissioner for Consumer Affairs 8 Functions of Commissioner for Consumer Affairs 8A Conciliation 9 Co-operation 10 Delegations 12 Annual report Part 3—Australian Consumer Law Division 1—Application of Australian Consumer Law 13 Australian Consumer Law text 14 Application of Australian Consumer Law 15 Future modifications of Australian Consumer Law text 16 Meaning of generic terms used in Australian Consumer Law 17 Interpretation of Australian Consumer Law 18 Application of Australian Consumer Law Division 2—References to Australian Consumer Law 19 References to Australian Consumer Law 20 References to Australian Consumer Laws of other jurisdictions Division 3—Application of Australian Consumer Law to Crown 21 Division does not apply to Commonwealth 22 Application law of this jurisdiction 23 Application law of other jurisdictions 24 Activities that are not business 25 Crown not liable to pecuniary penalty or prosecution Division 4—Miscellaneous 25A Application of Australian Consumer Law (SA) to bills under Legal Practitioners Act 1981 26 Conferral of functions and powers on certain bodies 27 No doubling‑up of liabilities 28 Certain proceedings prevented in certain circumstances 28A Minister may require information 28B Minister to publish certain notices in Gazette 28C Cost of testing Part 3A—Industry codes 28D Interpretation 28E Contravention of industry codes 28F Regulations relating to industry codes Part 3B—Regulation of motor vehicle insurers and repairers 28G Object of Part 28H Interpretation 28I Declaration of industry code of conduct in relation to motor vehicle insurers and repairers 28J Compliance with applicable code of conduct 28K Insurer must disclose relevant interest in relation to repairer 28L Regulations Part 4—Fair reporting 29 Interpretation 30 Application of Part 31 Procedures in respect of prescribed reports 32 Duties of traders 33 Duties of reporting agencies 34 Correction of errors 35 Qualified privilege 36 Offences 37 Powers of District Court Part 4A—Regulation of event ticket transactions Division 1—Preliminary 37A Interpretation 37B Tickets to which Part applies 37C Meaning of event organiser Division 2—Resale of tickets 37D Interpretation 37E Meaning of original supply cost 37F Meaning of prohibited advertisement 37G Restriction on ticket resale profit 37H Supply of tickets not to be made contingent on other purchases 37I Ticket resale advertising 37J Defence for certain ticket sales 37K Certain resale restrictions void Division 3—Online purchase of tickets 37L Prohibited conduct in relation to use of ticketing websites Division 4—Public disclosure of ticketing information 37M Minister may require notification of number of tickets available for general public sale Division 5—Review of Part 37N Review of Part Part 5—Additional consumer protection provisions 41 Advertisements must not state or imply approval of consumer affairs authority 42 Recreational services 43 Unlawful actions and representations 43A Prohibition on trading or carrying on business as Starr-Bowkett society Part 6—Third-party trading schemes 44 Interpretation 45 Power of Minister to approve third-party trading schemes 45A Power of Minister to prohibit third-party trading schemes 45B Offences 45C Regulations Part 6B—Fuel pricing information 45F Scheme may be established by regulation Part 7—Enforcement and remedies Division A1—Interpretation 46 Interpretation Division 1—Legal proceedings and warnings 47 Conduct of legal proceedings on behalf of consumers 48 Public warning statements 49 Immunity from liability Division 1A—Authorised officers 76 Authorised officers 77 Obtaining information 78 Entry and inspection 78A Use and inspection of books or documents produced or seized 78B Dealing with goods bought or seized 78C Embargo notices 78D Hindering an authorised officer 78E Offence relating to intimidation 78F Impersonating an authorised officer Division 2—Assurances and enforcement orders 79 Assurances 80 Registration of deeds of assurance 81 Offence 82 Enforcement orders Division 3—Civil remedies 82A Application of Division 83 Injunctions 85 Orders for compensation 86 Sequestration orders Division 3A—Civil penalties and civil expiation notices Subdivision 1—Interpretation 86A Interpretation Subdivision 2—Civil penalties 86B Civil penalties Subdivision 3—Civil expiation notices 86C Certain civil penalty contraventions may be expiated 86D Civil expiation notices 86E Late payment 86F Effect of expiation 86G Commencement of proceedings if expiation fee not paid 86H Withdrawal of civil expiation notices 86I Service of civil expiation notice or withdrawal notice Division 4—General 86J Application of Division 87 Prosecutions 88 Defences 90 Vicarious liability 91 Evidentiary provisions Part 12—Miscellaneous 92 Saving of other rights or remedies 95 Service 96 Contracting out prohibited 96A Confidentiality 96B Delegation by Minister responsible for administration of Small Business Commissioner Act 97 Regulations Legislative history