Fair Trading (Motor Vehicle Insurers and Repairers) Amendment Bill

Final Stages

The Legislative Council agreed to the Bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. New clause, page 2, after line 5—Insert:

1A—Commencement

This Act comes into operation on a day to be fixed by proclamation.

No. 2. Clause 3, page 2, lines 10 to 20—Delete the clause and substitute:

3—Amendment of section 4B—Administration of Act

Section 4B(2)—after paragraph (b) insert:

and

(c) Part 3B (other than section 28K).

No. 3. Clause 4, page 3, lines 15 to 17 [clause 4, inserted section 28H, definition of Commissioner]—Delete the definition

No. 4. Clause 4, page 3, lines 34 to 36 [clause 4, inserted section 28I(3)]—Delete ‘contain provisions of a saving or transitional nature consequent on the declaration of an applicable industry code of conduct’ and substitute:

—

(a) prescribe fees in respect of the administration of an applicable industry code of conduct; and

(b) make provisions of a saving or transitional nature consequent on the declaration of an applicable industry code of conduct.

No. 5. Clause 4, page 4, lines 5 to 7 [clause 4, inserted section 28J(1), penalty provision]—Delete the penalty provision

No. 6. Clause 4, page 4, lines 8 to 27 [clause 4, inserted section 28J(2) to (4)]—Delete subsections (2) to (4) (inclusive) and substitute:

(2) The Small Business Commissioner must, on or before 30 September in each year, prepare and submit a report to the Minister responsible for the administration of the Small Business Commissioner Act 2011 containing the following information in respect of the immediately preceding financial year:

(a) the number of proceedings commenced by the Commissioner under section 86B for an alleged civil penalty contravention against section 28J(1);

(b) the outcome of those proceedings.

(3) A report required under subsection (2) may be combined with a report of the Small Business Commissioner required under any other Act (provided that such reports relate to the same period).

No. 7. Clause 4, page 4, lines 35 to 37 [clause 4, inserted section 28K(1), penalty provision]—Delete the penalty provision

No. 8. Clause 4, page 5, lines 7 to 9 [clause 4, inserted section 28K(2), penalty provision]—Delete the penalty provision

No. 9. Clause 4, page 5, line 17 to page 6, line 6 [clause 4, inserted section 28L]—Delete the section and substitute:

28L—Regulations

(1) A proposal for regulations for the purposes of this Part (other than section 28K) may be initiated by the Minister responsible for the administration of the Small Business Commissioner Act 2011.

(2) If the Minister responsible for the administration of the Small Business Commissioner Act 2011 initiates a proposal for regulations for the purposes of this Part, the Minister must, before the regulations are made, consult with each organisation that the Minister considers to be representative of an industry likely to be affected by the regulations.

(3) For the purposes of the Subordinate Legislation Act 1978, the Minister responsible for the administration of the Small Business Commissioner Act 2011 is to be taken to be the Minister responsible for the administration of this Act in respect of regulations made for the purposes of this Part (other than section 28K).

No. 10. New clause, page 6, after line 6—After clause 4 insert:

5—Amendment of heading to Part 7 Division 3A

Heading to Part 7 Division 3A—delete ‘for contravention of industry codes’

6—Amendment of section 86A—Interpretation

Section 86A(a)—delete ‘contravenes section 28E and the contravention is of a class declared by regulation to be subject to a civil penalty’ and substitute:

—

(i) contravenes section 28E and the contravention is of a class declared by regulation to be subject to a civil penalty; or

(ii) contravenes section 28J(1), 28K(1) or (2)

No. 11. New Schedule, page 6, after line 6—Insert:

Schedule 1—Related amendments

Part 1—Amendment of Small Business Commissioner Act 2011

1—Amendment of section 5—Functions

(1) Section 5(1)—after paragraph (d) insert:

(da) to administer Part 3B (Regulation of motor vehicle insurers and repairers) of the Fair Trading Act 1987 to the extent that responsibility for that administration is assigned to the Commissioner under that Act; and

(2) Section 5(1)(e)—after subparagraph (i) insert:

(ia) non-compliance with an applicable industry code of conduct declared under section 28I of the Fair Trading Act 1987 that may adversely affect small businesses; and

No. 12. Long title—After ‘Fair Trading Act 1987’ insert:

and to make related amendments to the Small Business Commissioner Act 2011

(ia) non-compliance with an applicable industry code of conduct declared under section 28I of the Fair Trading Act 1987 that may adversely affect small businesses; and