19—2 page i

Western Australia

Fair Trading Amendment Bill 2021

Contents

1. Short title 2 2. Commencement 2 3. Act amended 2 4. Section 17 amended 2 5. Section 19 amended 2 6. Sections 19A to 19E inserted 4

19A. Tabling amending laws 4 19B. Disallowance of amending laws 4 19C. Commencement of amending laws 5 19D. Amending laws enacted after 1 June 2021

but before commencement day 6 19E. Tabling of amending law taken to be

publication for Standing Orders 6 7. Section 36 deleted; particular regulations repealed 7

page 1

Western Australia

LEGISLATIVE COUNCIL

(As amended in Committee)

Fair Trading Amendment Bill 2021

A Bill for

An Act to amend the Fair Trading Act 2010.

The Parliament of Western Australia enacts as follows:

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1. Short title 1

This is the Fair Trading Amendment Act 2021. 2

2. Commencement 3

This Act comes into operation as follows — 4

(a) sections 1 and 2 — on the day on which this Act 5

receives the Royal Assent; 6

(b) the rest of the Act — on the day after that day. 7

3. Act amended 8

This Act amends the Fair Trading Act 2010. 9

4. Section 17 amended 10

In section 17(1) insert in alphabetical order: 11

12

amend includes replace; 13

amending law means a Commonwealth Act that 14

amends either or both of the following — 15

(a) Schedule 2 to the Competition and Consumer 16

Act 2010 (Commonwealth); 17

(b) the regulations made under section 139G of that 18

Act; 19

20

5. Section 19 amended 21

(1) In section 19(1): 22

(a) delete paragraph (a) and insert: 23

24

(a) Schedule 2 to the Competition and Consumer 25

Act 2010 (Commonwealth) as in force on 26

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1 June 2021 and as amended by each provision 1

that — 2

(i) is in an amending law that has effect for 3

the purposes of this section under 4

section 19B; and 5

(ii) has come into operation for the purposes 6

of this section under section 19C; 7

and 8

9

(b) in paragraph (b) delete “time.” and insert: 10

11

time, subject to subsection (1A). 12

13

(2) After section 19(1) insert: 14

15

(1A) For the purposes of subsection (1)(b), a provision of an 16

amending law does not amend regulations made under 17

the Competition and Consumer Act 2010 18

(Commonwealth) section 139G unless — 19

(a) the amending law has effect for the purposes of 20

this section under section 19B; and 21

(b) the provision has come into operation for the 22

purposes of this section under section 19C. 23

24

Note: The heading to amended section 19 is to read: 25

Application of Australian Consumer Law text 26

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6. Sections 19A to 19E inserted 1

After section 19 insert: 2

3

19A. Tabling amending laws 4

An amending law must be laid before each House of 5

Parliament within 18 sitting days of the House after the 6

day on which the law receives the Royal Assent. 7

19B. Disallowance of amending laws 8

(1) In this section — 9

disallowance period, in relation to a disallowance 10

resolution notice of which is given in a House of 11

Parliament, means the period of 30 sitting days of the 12

House after the day on which the notice is given; 13

disallowance resolution means a resolution that an 14

amending law be disallowed; 15

notice period, in relation to an amending law laid 16

before a House of Parliament under section 19A, 17

means the period of 14 sitting days of the House after 18

the day on which the amending law is laid before it. 19

(2) An amending law has effect for the purposes of 20

section 19 if the amending law is laid before each 21

House of Parliament under section 19A and either — 22

(a) no notice of a disallowance resolution is given 23

in either House within the notice period; or 24

(b) at least 1 notice of a disallowance resolution is 25

given in a House within the notice period and, 26

for each such notice, 1 of the following 27

applies — 28

(i) the notice is withdrawn or discharged 29

within the disallowance period; 30

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(ii) the disallowance resolution is lost in the 1

House or not agreed to within the 2

disallowance period. 3

(3) For the purposes of this section and section 19A — 4

(a) the period specified in section 19A, a notice 5

period or a disallowance period continues to 6

run even though a House of Parliament is 7

prorogued or dissolved or expires; and 8

(b) notice of a disallowance resolution given in a 9

House of Parliament, or a motion that an 10

amending law be disallowed in the House, does 11

not lapse even though the House is prorogued 12

or dissolved or expires. 13

19C. Commencement of amending laws 14

(1) In this section — 15

amending provision means a provision of an amending 16

law that amends either or both of the following — 17

(a) Schedule 2 to the Competition and Consumer 18

Act 2010 (Commonwealth); 19

(b) the regulations made under section 139G of that 20

Act. 21

(2) If, under section 19B(2), an amending law has effect 22

for the purposes of section 19, the Governor must 23

declare that fact by proclamation as soon as 24

practicable. 25

(3) If an amending provision has come into operation in 26

the Commonwealth before the proclamation is 27

published in the Gazette, the amending provision 28

comes into operation for the purposes of section 19 on 29

a day fixed by the proclamation. 30

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(4) If an amending provision has not come into operation 1

in the Commonwealth before the proclamation is 2

published in the Gazette, the amending provision 3

comes into operation for the purposes of section 19 4

when the amending provision comes into operation in 5

the Commonwealth in accordance with the amending 6

law. 7

19D. Amending laws enacted after 1 June 2021 but 8

before commencement day 9

If an amending law receives the Royal Assent after 10

1 June 2021 but before the day (commencement day) 11

on which the Fair Trading Amendment Act 2021 12

section 6 comes into operation, sections 19A to 19C 13

apply to the amending law as if the amending law 14

received the Royal Assent on commencement day. 15

19E. Tabling of amending law taken to be publication for 16

Standing Orders 17

(1) In this section — 18

parliamentary committee means a committee 19

established by either or both of the Houses of 20

Parliament. 21

(2) If a Standing Order of a House of Parliament provides 22

that on the publication of an instrument under a written 23

law the instrument is referred to a parliamentary 24

committee for consideration, the laying of an amending 25

law before the House under section 19A is taken to be 26

publication of the amending law for the purposes of the 27

Standing Order. 28

(3) This section does not apply if the Standing Orders of 29

the House provide specifically for an amending law to 30

be considered by a parliamentary committee. 31

32

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7. Section 36 deleted; particular regulations repealed 1

(1) Delete section 36. 2

(2) The Fair Trading (Permitted Calling Hours) Regulations 2014 3

are repealed. 4