Fair Trading Act 2010 (WA)

Western Australia Fair Trading Act 2010 Western Australia Fair Trading Act 2010 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Object of Act 1 Part 2 — Interpretation and application Division 1 — General interpretation 4. Which interpretation Act applies to ACL (WA) 1 5. Application of s. 6-9 and 17 1 6. Terms used 1 7. Term used: consumer 1 8. Term used: services 1 9. Further provisions about interpretation 1 Division 2 — Application 10. Act binds Crown 1 11. Territorial application of Act 1 12. Concurrent operation of laws of other jurisdictions not limited 1 13. No contracting out 1 14. Relationship with other Acts and rules of law 1 15. Inconsistencies with other enactments 1 Part 3 — The Australian Consumer Law Division 1 — Object and interpretation 16. Object of this Part 1 17. Terms used 1 Division 2 — Application of Australian Consumer Law 18. Australian Consumer Law text 1 19. Application of Australian Consumer Law text 1 19A. Tabling amending laws 1 19B. Disallowance of amending laws 1 19C. Commencement of amending laws 1 19D. Amending laws enacted after 1 June 2021 but before commencement day 1 19E. Tabling of amending law taken to be publication for Standing Orders 1 21. Certain instruments to be published, and may be disallowed by Parliament 1 22. Term used in ACL (WA): regulator 1 23. ACL (WA), interpretation of 1 24. ACL (WA), application of 1 Division 3 — References to Australian Consumer Law 25. References to Australian Consumer Law 1 26. References to Australian Consumer Law of other jurisdictions 1 Division 4 — Application of Australian Consumer Law to Crown 27. Division does not apply to Commonwealth 1 28. Application law of this jurisdiction binds Crown 1 29. Application law of other jurisdictions binds Crown 1 30. Crown not liable to pecuniary penalty or prosecution 1 Division 5 — Miscellaneous 31. No doubling‑up of criminal liabilities 1 32. Offences against ACL (WA) are crimes 1 33. Pecuniary penalty proceedings under ACL (WA) s. 224, civil rules of evidence etc. apply 1 35. Sale of Goods Act 1895, inconsistency with certain provisions of ACL (WA) 1 Division 6 — Transitional 37. Certain injunction proceedings pending at 1 Jan 2011 1 38. ACL (WA) Part 2-3 (unfair contract terms), application of to contracts made on or after 1 Jan 2011 1 39. ACL (WA) Part 3-2 Div. 2 (unsolicited consumer agreements), application of to contracts made before 1 Jan 2011 etc. 1 40. ACL (WA) s. 101 (requests for itemised bills), application of for services supplied before 1 Jan 2011 1 41. ACL (WA) s. 224(4)(c), interpretation of 1 Part 4 — Codes of practice Division 1 — Preliminary 42. Outline of this Part 1 43. Term used: code of practice 1 Division 2 — Development and implementation of codes of practice 44. Draft codes of practice, preparation of 1 45. Regulations prescribing code of practice 1 46. Interim code of practice, regulations may prescribe 1 Division 3 — Enforcement of codes of practice 47. SAT's powers to deal with contraventions of prescribed code of practice 1 48. Commissioner may take or defend, or assume the conduct or defence of, proceedings relating to contravention of code of practice 1 49. Provisions for proceedings Commissioner institutes, defends or assumes conduct or defence of 1 50. No doubling‑up of liabilities 1 51. Action taken for breach of code of practice doesn't preclude other civil action 1 52. Transitional provisions for codes of practice prescribed before 1 Jan 2011 1 53. Transitional provisions for undertakings under Fair Trading Act 1987 s. 44 1 54. Transitional provisions for contraventions of code of practice before 1 Jan 2011 1 Part 5 — Administrative provisions Division 1 — Commissioner 55. Commissioner, designation and title of 1 56. General functions of Commissioner 1 57A. Licensing and regulatory functions of Commissioner 1 57. Warnings and information, Commissioner may issue 1 58. Instituting, defending or assuming conduct or defence of legal proceedings on behalf of consumers or businesses 1 59. Provisions for proceedings Commissioner institutes, defends or assumes conduct or defence of 1 60. Delegation by Commissioner 1 61. Judicial notice of Commissioner's signature etc. 1 Division 2 — Offence 62. Advertisements not to imply approval by consumer affairs authority 1 Division 3 — Advisory committees Subdivision 1 — Property Industry Advisory Committee 63A. Committee established 1 63B. Membership 1 63C. Functions 1 63D. Procedure 1 Subdivision 2 — Motor Vehicle Industry Advisory Committee 63E. Committee established 1 63F. Membership 1 63G. Functions 1 63H. Procedure 1 Subdivision 3 — Consumer Advisory Committee 63I. Committee established 1 63J. Membership 1 63K. Functions 1 63L. Procedure 1 Subdivision 4 — Regulations prescribing committee procedures, etc. 63M. Regulations 1 Part 6 — Investigation and enforcement Division 1 — Preliminary 63. Terms used 1 64A. Authorised persons cannot be public officers under Criminal Investigation Act 2006 1 Division 2 — Investigators 64. Designating people as investigators 1 65. Certificate of authority of investigator 1 66. Certificate of authority to be produced on demand 1 67. Persons assisting investigators 1 Division 3 — General powers 68. Investigations and inquiries, Commissioner's powers to make 1 69. Investigations and inquiries, powers for 1 70. Interviews under s. 69(1)(a), conduct of 1 71. Warrant to enter premises or motor vehicle 1 72. Warrants wanted urgently, may be obtained by telephone etc. 1 73. Warrants by telephone etc., further provisions for 1 74. Warrants, issue and effect of 1 75. Warrants, powers under to obtain access information for computers etc. 1 76. Warrants, further powers under 1 77. Damage to equipment or data, compensation for 1 78. Warrants, execution and duration of 1 79. Seizing things 1 80. Seized things, copies of to be provided 1 81. Seized things, access to by owner 1 82. Seized things, return of 1 83. Seizure, SAT may review 1 84. Seized things, forfeiture of 1 85. Forfeited things, dealing with 1 86. Privilege against self‑incrimination doesn't apply 1 87. Information obtained, use of etc. 1 Division 4A — Specific powers for enforcement of licensing and regulatory provisions 88A. Terms used 1 88B. Investigations and inquiries for licensing and regulatory purposes, Commissioner's powers to make 1 88C. Authorised persons' powers for this Division 1 88D. Police assistance with investigations and inquiries 1 88E. Compliance checks at regulated person's business premises, powers for 1 Division 4 — Offences 88. Failing to cooperate with investigation 1 89. Obstructing authorised person 1 Part 7 — Criminal and civil proceedings Division 1 — Preliminary 90. Term used: person involved in a contravention of a provision of this Act 1 Division 2 — Criminal proceedings 91. Time limit for commencing proceedings 1 92. Who may institute criminal proceedings 1 93. Court of summary jurisdiction to be constituted by magistrate 1 94. Courts' other powers in criminal proceedings 1 94A. Liability of officers for offence by body corporate 1 95. Vicarious liability of employers, principals and other persons 1 96. Defence: reasonable mistake of fact 1 97. Defences: accident, act or default of another etc. 1 98. Defence: publication of advertisements in ordinary course of business 1 Division 3 — Civil proceedings 99. Injunctions to prevent or stop contraventions of Act 1 100. Injunctions to prevent etc. other contraventions 1 101. Injunctions, general provisions about 1 102. Interim injunctions 1 103. Final injunction may be granted if parties consent 1 104. Injunction may be rescinded or varied 1 105. Supreme and District Courts' other powers in Part 7 proceedings 1 106. Supreme and District Courts' powers to prohibit payments, transfers of property etc. 1 107. Contravening s. 106 order, offence 1 108. Findings of fact or admissions in certain proceedings to be evidence in others 1 Division 4 — Further provisions relating to proceedings 109. State of mind of person, meaning of in s. 110 and 111 1 110. State of mind and conduct of body corporate, establishing 1 111. State of mind and conduct of principal (not a body corporate), establishing 1 Part 8 — Miscellaneous 112. Personal information obtained officially, when may be divulged etc. 1 113. Information obtained officially may be used for certain other purposes and legislation 1 114. Protection from liability for wrongdoing 1 115. Protection from liability for publishing official statements 1 116. Regulations 1 Part 9 — Transitional provisions 117. Regulations for transitional matters 1 118. Fair Trading (Product Information Standard) Regulation 2005 Part 4 (builders plates for recreational vessels), continuation of 1 119. Orders made before 1 Jan 2011 recalling defective goods etc., effect of 1 120. Delegations made before 1 Jan 2011, effect of 1 121. Interpretation Act 1984, application of to expiring Acts 1 Schedule 1 — Acts that override the Australian Consumer Law (WA) Part 3‑3 Schedule 2 — Registration Acts Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Note — Australian Consumer Law (WA) text Chapter 1 — Introduction 1. Application of this Schedule 1 2. Definitions 1 3. Meaning of consumer 1 4. Misleading representations with respect to future matters 1 5. When donations are treated as supplies or acquisitions 1 6. Related bodies corporate 1 7. Meaning of manufacturer 1 8. Goods affixed to land or premises 1 9. Meaning of safety defect in relation to goods 1 10. Asserting a right to payment 1 11. References to acquisition, supply and re‑supply 1 12. Application of Schedule in relation to leases and licences of land and buildings 1 13. Loss or damage to include injury 1 14. Meaning of continuing credit contract 1 15. Contraventions of this Schedule 1 16. Severability 1 17. References to provisions in this Schedule 1 Chapter 2 — General protections Part 2‑1 — Misleading or deceptive conduct 18. Misleading or deceptive conduct 1 19. Application of this Part to information providers 1 Part 2‑2 — Unconscionable conduct 20. Unconscionable conduct within the meaning of the unwritten law 1 21. Unconscionable conduct in connection with goods or services 1 22. Matters the court may have regard to for the purposes of section 21 1 22A. Presumptions relating to whether representations are misleading 1 Part 2‑3 — Unfair contract terms 23. Unfair terms of consumer contracts and small business contracts 1 24. Meaning of unfair 1 25. Examples of unfair terms 1 26. Terms that define main subject matter of consumer contracts or small business contracts etc. are unaffected 1 27. Standard form contracts 1 28. Contracts to which this Part does not apply 1 Chapter 3 — Specific protections Part 3‑1 — Unfair practices Division 1 — False or misleading representations etc. 29. False or misleading representations about goods or services 1 30. False or misleading representations about sale etc. of land 1 31. Misleading conduct relating to employment 1 32. Offering rebates, gifts, prizes etc. 1 33. Misleading conduct as to the nature etc. of goods 1 34. Misleading conduct as to the nature etc. of services 1 35. Bait advertising 1 36. Wrongly accepting payment 1 37. Misleading representations about certain business activities 1 38. Application of provisions of this Division to information providers 1 Division 2 — Unsolicited supplies 39. Unsolicited cards etc. 1 40. Assertion of right to payment for unsolicited goods or services 1 41. Liability etc. of recipient for unsolicited goods 1 42. Liability of recipient for unsolicited services 1 43. Assertion of right to payment for unauthorised entries or advertisements 1 Division 3 — Pyramid schemes 44. Participation in pyramid schemes 1 45. Meaning of pyramid scheme 1 46. Marketing schemes as pyramid schemes 1 Division 4 — Pricing 47. Multiple pricing 1 48. Single price to be specified in certain circumstances 1 Division 5 — Other unfair practices 49. Referral selling 1 50. Harassment and coercion 1 Part 3‑2 — Consumer transactions Division 1 — Consumer guarantees Subdivision A — Guarantees relating to the supply of goods 51. Guarantee as to title 1 52. Guarantee as to undisturbed possession 1 53. Guarantee as to undisclosed securities etc. 1 54. Guarantee as to acceptable quality 1 55. Guarantee as to fitness for any disclosed purpose etc. 1 56. Guarantee relating to the supply of goods by description 1 57. Guarantees relating to the supply of goods by sample or demonstration model 1 58. Guarantee as to repairs and spare parts 1 59. Guarantee as to express warranties 1 Subdivision B — Guarantees relating to the supply of services 60. Guarantee as to due care and skill 1 61. Guarantees as to fitness for a particular purpose etc. 1 62. Guarantee as to reasonable time for supply 1 63. Services to which this Subdivision does not apply 1 Subdivision C — Guarantees not to be excluded etc. by contract 64. Guarantees not to be excluded etc. by contract 1 64A. Limitation of liability for failures to comply with guarantees 1 Subdivision D — Miscellaneous 65. Application of this Division to supplies of gas, electricity and telecommunications 1 66. Display notices 1 67. Conflict of laws 1 68. Convention on Contracts for the International Sale of Goods 1 Division 2 — Unsolicited consumer agreements Subdivision A — Introduction 69. Meaning of unsolicited consumer agreement 1 70. Presumption that agreements are unsolicited consumer agreements 1 71. Meaning of dealer 1 72. Meaning of negotiation 1 Subdivision B — Negotiating unsolicited consumer agreements 73. Permitted hours for negotiating an unsolicited consumer agreement 1 74. Disclosing purpose and identity 1 75. Ceasing to negotiate on request 1 76. Informing person of termination period etc. 1 77. Liability of suppliers for contraventions by dealers 1 Subdivision C — Requirements for unsolicited consumer agreements etc. 78. Requirement to give document to the consumer 1 79. Requirements for all unsolicited consumer agreements etc. 1 80. Additional requirements for unsolicited consumer agreements not negotiated by telephone 1 81. Requirements for amendments of unsolicited consumer agreements 1 Subdivision D — Terminating unsolicited consumer agreements 82. Terminating an unsolicited consumer agreement during the termination period 1 83. Effect of termination 1 84. Obligations of suppliers on termination 1 85. Obligations and rights of consumers on termination 1 86. Prohibition on supplies etc. 1 87. Repayment of payments received after termination 1 88. Prohibition on recovering amounts after termination 1 Subdivision E — Miscellaneous 89. Certain provisions of unsolicited consumer agreements void 1 90. Waiver of rights 1 91. Application of this Division to persons to whom rights of consumers and suppliers are assigned etc. 1 92. Application of this Division to supplies to third parties 1 93. Effect of contravening this Division 1 94. Regulations may limit the application of this Division 1 95. Application of this Division to certain conduct covered by the Corporations Act 1 Division 3 — Lay‑by agreements 96. Lay‑by agreements must be in writing etc. 1 97. Termination of lay‑by agreements by consumers 1 98. Termination of lay‑by agreements by suppliers 1 99. Effect of termination 1 Division 3A—Gift cards Subdivision A—Introduction 99A. Meaning of gift card 1 Subdivision B—Requirements relating to gift cards 99B. Gift cards to be redeemable for at least 3 years 1 99C. When gift card ceases to be redeemable to appear prominently on gift card 1 99D. Terms and conditions not to allow post‑supply fees 1 99E. Post‑supply fees not to be demanded or received 1 99F. Certain terms and conditions of gift card void 1 Subdivision C—Miscellaneous 99G. Regulations may limit application of this Division 1 Division 4 — Miscellaneous 100. Supplier must provide proof of transaction etc. 1 101. Consumer may request an itemised bill 1 102. Prescribed requirements for warranties against defects 1 103. Repairers must comply with prescribed requirements 1 Part 3‑3 — Safety of consumer goods and product related services Division 1 — Safety standards 104. Making safety standards for consumer goods and product related services 1 105. Declaring safety standards for consumer goods and product related services 1 106. Supplying etc. consumer goods that do not comply with safety standards 1 107. Supplying etc. product related services that do not comply with safety standards 1 108. Requirement to nominate a safety standard 1 Division 2 — Bans on consumer goods and product related services Subdivision A — Interim bans 109. Interim bans on consumer goods or product related services that will or may cause injury to any person etc. 1 110. Places in which interim bans apply 1 111. Ban period for interim bans 1 112. Interaction of multiple interim bans 1 113. Revocation of interim bans 1 Subdivision B — Permanent bans 114. Permanent bans on consumer goods or product related services 1 115. Places in which permanent bans apply 1 116. When permanent bans come into force 1 117. Revocation of permanent bans 1 Subdivision C — Compliance with interim bans and permanent bans 118. Supplying etc. consumer goods covered by a ban 1 119. Supplying etc. product related services covered by a ban 1 Subdivision D — Temporary exemption from mutual recognition principles 120. Temporary exemption under the Trans‑Tasman Mutual Recognition Act 1997 1 121. Temporary exemption under the Mutual Recognition Act 1992 1 Division 3 — Recall of consumer goods Subdivision A — Compulsory recall of consumer goods 122. Compulsory recall of consumer goods 1 123. Contents of a recall notice 1 124. Obligations of a supplier in relation to a recall notice 1 125. Notification by persons who supply consumer goods outside Australia if there is compulsory recall 1 126. Interaction of multiple recall notices 1 127. Compliance with recall notices 1 Subdivision B — Voluntary recall of consumer goods 128. Notification requirements for a voluntary recall of consumer goods 1 Division 4 — Safety warning notices 129. Safety warning notices about consumer goods and product related services 1 130. Announcement of the results of an investigation etc. 1 Division 5 — Consumer goods, or product related services, associated with death or serious injury or illness 131. Suppliers to report consumer goods associated with the death or serious injury or illness of any person 1 132. Suppliers to report product related services associated with the death or serious injury or illness of any person 1 132A. Confidentiality of notices given under this Division 1 Division 6 — Miscellaneous 133. Liability under a contract of insurance 1 Part 3‑4 — Information standards 134. Making information standards for goods and services 1 135. Declaring information standards for goods and services 1 136. Supplying etc. goods that do not comply with information standards 1 137. Supplying etc. services that do not comply with information standards 1 137A. Safe harbour for complying with information standards about free range eggs 1 Part 3‑5 — Liability of manufacturers for goods with safety defects Division 1 — Actions against manufacturers for goods with safety defects 138. Liability for loss or damage suffered by an injured individual 1 139. Liability for loss or damage suffered by a person other than an injured individual 1 140. Liability for loss or damage suffered by a person if other goods are destroyed or damaged 1 141. Liability for loss or damage suffered by a person if land, buildings or fixtures are destroyed or damaged 1 142. Defences to defective goods actions 1 Division 2 — Defective goods actions 143. Time for commencing defective goods actions 1 144. Liability joint and several 1 145. Survival of actions 1 146. No defective goods action where workers' compensation law etc. applies 1 147. Unidentified manufacturer 1 148. Commonwealth liability for goods that are defective only because of compliance with Commonwealth mandatory standard 1 149. Representative actions by the regulator 1 Division 3 — Miscellaneous 150. Application of all or any provisions of this Part etc. not to be excluded or modified 1 Chapter 4 — Offences Part 4‑1 — Offences relating to unfair practices Division 1 — False or misleading representations etc. 151. False or misleading representations about goods or services 1 152. False or misleading representations about sale etc. of land 1 153. Misleading conduct relating to employment 1 154. Offering rebates, gifts, prizes etc. 1 155. Misleading conduct as to the nature etc. of goods 1 156. Misleading conduct as to the nature etc. of services 1 157. Bait advertising 1 158. Wrongly accepting payment 1 159. Misleading representations about certain business activities 1 160. Application of provisions of this Division to information providers 1 Division 2 — Unsolicited supplies 161. Unsolicited cards etc. 1 162. Assertion of right to payment for unsolicited goods or services 1 163. Assertion of right to payment for unauthorised entries or advertisements 1 Division 3 — Pyramid schemes 164. Participation in pyramid schemes 1 Division 4 — Pricing 165. Multiple pricing 1 166. Single price to be specified in certain circumstances 1 Division 5 — Other unfair practices 167. Referral selling 1 168. Harassment and coercion 1 Part 4‑2 — Offences relating to consumer transactions Division 1 — Consumer guarantees 169. Display notices 1 Division 2 — Unsolicited consumer agreements Subdivision A — Negotiating unsolicited consumer agreements 170. Permitted hours for negotiating an unsolicited consumer agreement 1 171. Disclosing purpose and identity 1 172. Ceasing to negotiate on request 1 173. Informing person of termination period etc. 1 Subdivision B — Requirements for unsolicited consumer agreements etc. 174. Requirement to give document to the consumer 1 175. Requirements for all unsolicited consumer agreements etc. 1 176. Additional requirements for unsolicited consumer agreements not negotiated by telephone 1 177. Requirements for amendments of unsolicited consumer agreements 1 Subdivision C — Terminating unsolicited consumer agreements 178. Obligations of suppliers on termination 1 179. Prohibition on supplies etc. 1 180. Repayment of payments received after termination 1 181. Prohibition on recovering amounts after termination 1 Subdivision D — Miscellaneous 182. Certain provisions of unsolicited consumer agreements void 1 183. Waiver of rights 1 184. Application of this Division to persons to whom rights of consumers and suppliers are assigned etc. 1 185. Application of this Division to supplies to third parties 1 186. Regulations may limit the application of this Division 1 187. Application of this Division to certain conduct covered by the Corporations Act 1 Division 3 — Lay‑by agreements 188. Lay‑by agreements must be in writing etc. 1 189. Termination charges 1 190. Termination of lay‑by agreements by suppliers 1 191. Refund of amounts 1 Division 3A—Gift cards 191A. Gift cards to be redeemable for at least 3 years 1 191B. When gift card ceases to be redeemable to appear prominently on gift card 1 191C. Terms and conditions not to allow post‑supply fees 1 191D. Post‑supply fees not to be demanded or received 1 191E. Regulations may limit the application of this Division 1 Division 4 — Miscellaneous 192. Prescribed requirements for warranties against defects 1 193. Repairers must comply with prescribed requirements 1 Part 4‑3 — Offences relating to safety of consumer goods and product related services Division 1 — Safety standards 194. Supplying etc. consumer goods that do not comply with safety standards 1 195. Supplying etc. product related services that do not comply with safety standards 1 196. Requirement to nominate a safety standard 1 Division 2 — Bans on consumer goods and product related services 197. Supplying etc. consumer goods covered by a ban 1 198. Supplying etc. product related services covered by a ban 1 Division 3 — Recall of consumer goods 199. Compliance with recall orders 1 200. Notification by persons who supply consumer goods outside Australia if there is compulsory recall 1 201. Notification requirements for a voluntary recall of consumer goods 1 Division 4 — Consumer goods, or product related services, associated with death or serious injury or illness 202. Suppliers to report consumer goods etc. associated with the death or serious injury or illness of any person 1 Part 4‑4 — Offences relating to information standards 203. Supplying etc. goods that do not comply with information standards 1 204. Supplying etc. services that do not comply with information standards 1 Part 4‑5 — Offences relating to substantiation notices 205. Compliance with substantiation notices 1 206. False or misleading information etc. 1 Part 4‑6 — Defences 207. Reasonable mistake of fact 1 208. Act or default of another person etc. 1 209. Publication of advertisements in the ordinary course of business 1 210. Supplying goods acquired for the purpose of re‑supply 1 211. Supplying services acquired for the purpose of re‑supply 1 Part 4‑7 — Miscellaneous 212. Prosecutions to be commenced within 3 years 1 213. Preference must be given to compensation for victims 1 214. Penalties for contraventions of the same nature etc. 1 215. Penalties for previous contraventions of the same nature etc. 1 216. Granting of injunctions etc. 1 217. Criminal proceedings not to be brought for contraventions of Chapter 2 or 3 1 Chapter 5 — Enforcement and remedies Part 5‑1 — Enforcement Division 1 — Undertakings 218. Regulator may accept undertakings 1 Division 2 — Substantiation notices 219. Regulator may require claims to be substantiated etc. 1 220. Extending periods for complying with substantiation notices 1 221. Compliance with substantiation notices 1 222. False or misleading information etc. 1 Division 3 — Public warning notices 223. Regulator may issue a public warning notice 1 Part 5‑2 — Remedies Division 1 — Pecuniary penalties 224. Pecuniary penalties 1 225. Pecuniary penalties and offences 1 226. Defence 1 227. Preference must be given to compensation for victims 1 228. Civil action for recovery of pecuniary penalties 1 229. Indemnification of officers 1 230. Certain indemnities not authorised and certain documents void 1 Division 2 — Injunctions 232. Injunctions 1 233. Consent injunctions 1 234. Interim injunctions 1 235. Variation and discharge of injunctions 1 Division 3 — Damages 236. Actions for damages 1 Division 4 — Compensation orders etc. for injured persons and orders for non‑party consumers Subdivision A — Compensation orders etc. for injured persons 237. Compensation orders etc. on application by an injured person or the regulator 1 238. Compensation orders etc. arising out of other proceedings 1 Subdivision B — Orders for non‑party consumers 239. Orders to redress etc. loss or damage suffered by non‑party consumers 1 240. Determining whether to make a redress order etc. for non‑party consumers 1 241. When a non‑party consumer is bound by a redress order etc. 1 Subdivision C — Miscellaneous 242. Applications for orders 1 243. Kinds of orders that may be made 1 244. Power of a court to make orders 1 245. Interaction with other provisions 1 Division 5 — Other remedies 246. Non‑punitive orders 1 247. Adverse publicity orders 1 248. Order disqualifying a person from managing corporations 1 249. Privilege against exposure to penalty or forfeiture — disqualification from managing corporations 1 250. Declarations relating to consumer contracts and small business contracts 1 Division 6 — Defences 251. Publication of advertisement in the ordinary course of business 1 252. Supplying consumer goods for the purpose of re‑supply 1 253. Supplying product related services for the purpose of re‑supply 1 Part 5‑3 — Country of origin representations 254. Overview 1 255. Country of origin representations do not contravene certain provisions 1 258. Proceedings relating to false, misleading or deceptive conduct or representations 1 Part 5‑4 — Remedies relating to guarantees Division 1 — Action against suppliers Subdivision A — Action against suppliers of goods 259. Action against suppliers of goods 1 260. When a failure to comply with a guarantee is a major failure 1 261. How suppliers may remedy a failure to comply with a guarantee 1 262. When consumers are not entitled to reject goods 1 263. Consequences of rejecting goods 1 264. Replaced goods 1 265. Termination of contracts for the supply of services that are connected with rejected goods 1 266. Rights of gift recipients 1 Subdivision B — Action against suppliers of services 267. Action against suppliers of services 1 268. When a failure to comply with a guarantee is a major failure 1 269. Termination of contracts for the supply of services 1 270. Termination of contracts for the supply of goods that are connected with terminated services 1 Division 2 — Action for damages against manufacturers of goods 271. Action for damages against manufacturers of goods 1 272. Damages that may be recovered by action against manufacturers of goods 1 273. Time limit for actions against manufacturers of goods 1 Division 3 — Miscellaneous 274. Indemnification of suppliers by manufacturers 1 275. Limitation of liability etc. 1 276. This Part not to be excluded etc. by contract 1 276A. Limitation in certain circumstances of liability of manufacturer to seller 1 277. Representative actions by the regulator 1 Part 5‑5 — Liability of suppliers and credit providers Division 1 — Linked credit contracts 278. Liability of suppliers and linked credit providers relating to linked credit contracts 1 279. Action by consumer to recover amount of loss or damage 1 280. Cases where a linked credit provider is not liable 1 281. Amount of liability of linked credit providers 1 282. Counter‑claims and offsets 1 283. Enforcement of judgments etc. 1 284. Award of interest to consumers 1 285. Liability of suppliers to linked credit providers, and of linked credit providers to suppliers 1 286. Joint liability proceedings and recovery under section 135 of the National Credit Code 1 Division 2 — Non‑linked credit contracts 287. Liability of suppliers and credit providers relating to non‑linked credit contracts 1 Chapter 6—Application and transitional provisions Part 1—Application and transitional provisions relating to the Consumer Credit Legislation Amendment (Enhancements) Act 2012 288. Application of amendments relating to lay‑by agreements 1 289. Application of amendment relating to repairs 1 290. Saving of regulations relating to repairs 1 Part 1A—Application provision relating to the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 290A. Application 1 Part 2—Application and transitional provisions relating to the Competition and Consumer Amendment (Competition Policy Review) Act 2017 291. Application of amendments relating to confidentiality of notices 1 292. Application of amendments relating to prohibition on supplies 1 Part 3—Application provision relating to the Treasury Laws Amendment (2018 Measures No. 3) Act 2018 295. Application of amendments 1 Part 4—Application provisions relating to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 296. Application—listed public companies 1 297. Application—unsolicited supplies 1 298. Application—unsolicited consumer agreements 1 299. Application—single price 1 300. Application—non‑punitive orders 1 301. Application—guarantees relating to the supply of services 1 Part 5—Application and transitional provisions relating to the Treasury Laws Amendment (Gift Cards) Act 2018 302. Application of amendments relating to gift cards 1 Part 6—Application and transitional provisions relating to the Treasury Laws Amendment (2020 Measures No. 6) Act 2020 303. Application of amendments relating to multiple non major consumer guarantee failures 1 Defined terms Western Australia Fair Trading Act 2010 An Act to — * promote and encourage fair trading practices and a competitive and fair market, and protect the interests of consumers, by applying the Australian Consumer Law (with modifications) as a law of Western Australia, and providing for codes of practice; and * provide for the powers and functions of a Commissioner, including powers to carry out investigations into alleged breaches of this Act; and * provide for the repeal of the Consumer Affairs Act 1971, Fair Trading Act 1987 and Door to Door Trading Act 1987; and * make consequential amendments to various Acts 1, and for related purposes.