Fair Trading Amendment Act 2003

1: Title
1: This Act is the Fair Trading Amendment Act 2003.
2: In this Act, the Fair Trading Act 1986 the principal Act
1: Preliminary provision
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
2: Amendments to principal Act and miscellaneous provision
3: False representations and other misleading conduct in relation to land
Section 14(1)(a) Falsely represent make a false or misleading representation
4: Trading stamp schemes prohibited
Section 18
5: Pyramid selling schemes
Section 24(2)(a) subparagraph (ii)
ii: that, to many participants in the scheme, constitutes primarily an opportunity to buy or sell an investment opportunity, whether personally or through an agent, rather than an opportunity to buy or supply goods or services; and
6: Jurisdiction of High Court
1: Section 37 paragraph (a) section 40 sections 40 and 47J
2: Section 37 paragraph (a)
ab: appeals from proceedings in a District Court for orders under section 40A
7: Jurisdiction of District Courts
Section 38
a: omitting from paragraph (a) section 40 sections 40 and 47J
b: omitting from paragraph (b) section 43 sections 40A, 42, and 43
8: Contraventions of provisions of
Part 1 2 3 4
1: Section 40(1)
a: by omitting the words sections 9, 14(2), and 23 sections 9, 14(2), 23, and 24
b: by omitting from paragraph (a) $30,000 $60,000
c: by omitting from paragraph (b) $100,000 $200,000
2: Section 40 subsection (1)
1A: Every person who contravenes section 24
3: Section 40 subsection (3)
3: Despite section 14 of the Summary Proceedings Act 1957
9: New
section 40A The principal Act is amended by inserting, after section 40
40A: Additional penalty for contravention of
section 24
1: If a person is convicted of an offence under section 40(lA)
2: The value of any gain must be assessed by the Court, and any amount ordered to be paid is recoverable in the same manner as a fine.
3: The standard of proof in proceedings under this section is the standard of proof that applies in civil proceedings.
4: In this section, Court includes a District Court.
10: Injunctions may be granted by Court for contravention of
Part 1 2 3 4 Section 41
5: If the Commission applies to the Court for the grant of an interim injunction, the Court must not, as a condition of granting an interim injunction, require the Commission to give an undertaking as to damages.
6: However, in determining the Commission's application for the grant of an interim injunction, the Court must not take into account that the Commission is not required to give an undertaking as to damages. 1986 No 5 88A
11: Order to disclose information or publish advertisement
Section 42 subsections (2) (3)
2: The Court may hear and determine an application under subsection (1) sections 40, 40A, 41, or 43
3: In this section, Court includes a District Court.
12: Defences
Section 44(5) section 27 section 28
13: Finding in proceedings to be evidence
Section 46 an order under section 40A
14: Power to search
Section 47 subsections (1) (2)
1: The Commission may, from time to time, authorise an employee of the Commission to search, under a warrant issued under subsection (2)
2: A District Court Judge, Justice, Community Magistrate, or Court Registrar (not being a constable) may, by warrant, authorise a person who is authorised under subsection (1)
a: investigating—
i: whether a person has engaged in, or is engaging in, conduct that constitutes, or may constitute, a contravention of this Act; or
ii: the nature or extent of any conduct that constitutes, or may constitute, a contravention of this Act; or
b: gathering, obtaining, or recovering evidence of—
i: conduct that constitutes, or may constitute, a contravention of this Act; or
ii: the nature or extent of any conduct that constitutes, or may constitute, a contravention of this Act.
15: New
sections 47G to 47J The principal Act is amended by inserting, after section 47F
47G: Commission may require person to supply information or documents
1: If the Commission considers it necessary or desirable for the purposes of carrying out its functions and exercising its powers under this Act, the Commission may, by notice in writing served on any person, require that person—
a: to supply to the Commission, by writing signed by that person or, in the case of a body corporate, by a director or competent employee or agent of the body corporate, within the time and in the manner specified in the notice, any information or class of information specified in the notice; or
b: to supply to the Commission, or to a person specified in the notice acting on its behalf in accordance with the notice, any document or class of documents specified in the notice.
2: Every person who is required to supply information or documents to the Commission has the same privileges in relation to the supply of the information or documents as witnesses have in any court. 1986 No 5 s 98 s 138(2)
47H: Notices
1: Any notice given by the Commission under section 47G
a: it is in writing; and
b: it is—
i: under the seal of the Commission; or
ii: signed by the Chairman of the Commission; or
iii: signed by 1 or more of the members of the Commission; or
iv: signed by any person purporting to act by direction of the Commission; and
c: it is served in accordance with section 471
2: In all courts and in all proceedings under this Act, notices given under section 47G subsection (1)(b) 1986 No 5 s 101
471: Service of notices
1: Any notice that is authorised to be served on, or given to, any person for the purposes of section 47G
a: delivering it to that person; or
b: leaving it at—
i: his or her usual or last known place of residence or business; or
ii: at the address specified by him or her in any notice, application, or other document made, given, or tendered to the Commission under this Act; or
c: posting it by letter addressed to him or her at that place of residence or business or at that address.
2: If any notice is sent to any person by registered letter, then,—
a: unless the contrary is proved, the notice must be treated as having been delivered to him or her when it would have been delivered in the ordinary course of post; and
b: in proving the delivery, it is sufficient to prove that the letter was properly addressed and posted.
3: If the notice is required to be served on an association or body of persons,—
a: the notice may be served on the secretary, executive officer, manager, or other officer holding a similar position in the association or body; and
b: service on the association or body must, unless otherwise directed by the Commission, be treated as service on all persons who are members of the association or body, or who are represented on the association or body by those members. 1986 No 5 s 102
47J: Offence to contravene
section 47G
1: No person may,—
a: without reasonable excuse, refuse or fail to comply with a notice under section 47G
b: in purported compliance with the notice, supply information, or supply a document, knowing it to be false or misleading.
2: Every person who contravenes subsection (1)
3: Proceedings for an offence against subsection (2) 1986 No 5 s 103
16: Provisions as to proceedings already barred and pending proceedings
Nothing in this Act—
a: enables any proceedings to be brought that were barred before the commencement of this Act; or
b: affects any proceedings commenced before the commencement of this Act.