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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-03-26 Daily Xml
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SUNDRY TRADERS

In reply to the Hon. R.D. LAWSON (27 November 2008).

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy): I am advised that:

1. Assurances are one of the most flexible and effective remedies available to the Office of Consumer and Business Affairs (OCBA).

Under Section 79 of the Fair Trading Act 1987, the Commissioner for Consumer Affairs may accept an assurance from a trader. An assurance is a written undertaking that commits the trader to refrain from certain conduct.

OCBA uses a variety of tools including education and sanctions to enforce fair-trading legislation and standards. These tools include oral and written warnings, undertakings and assurances, public naming, expiation, disciplinary action and prosecution action.

OCBA takes many things into account before determining what action it will take. These things include, but are not limited to, the seriousness of the conduct, detriment, profit made, age, the attitude of the alleged offender and the need for deterrence.

If a trader is detected breaching an assurance they have provided, they can be prosecuted for breaching the assurance as well as for the conduct that gave rise to the breach of the assurance. OCBA can, and has, prosecuted traders for breaching assurances.

2. As required by Section 80 of the Fair Trading Act 1987, the Commissioner for Consumer Affairs maintains a public register of assurances. The purpose of the register is to let the public know about the outcome of investigations conducted by OCBA and the terms of assurances given by traders. Consumers can then be on guard when dealing with traders and report breaches of an assurance to the Commissioner. The Office of Consumer and Business Affairs also checks for breaches of assurances as part of its monitoring and compliance program.

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