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Have your say 

NSW Fair Trading welcomes comments on a range of issues from new or amended legislation to issues that affect the consumers and traders of NSW.

The list below shows the topics or issues that are in progress. Each item will indicate whether the issue is currently open for comment or not.

More information on each issue can be found by following the links provided.

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Security of Payment Regulation


The NSW Government is proposing several changes to the Building and Construction Industry Security of Payment Regulation. These reforms aim to better protect subcontractor retention monies and strengthen transparency in relation to payments to subcontractors while minimising red tape.

Comments close on 8 January 2015.

More information on the Security of Payment Regulation 

Open

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Residential (Land Lease) Communities Regulation


Before the new Residential (Land Lease) Communities Act 2013 can commence an accompanying Regulation needs to be developed to support its operation. A Regulatory Impact Statement has been released for the draft Residential (Land Lease) Communities Regulation 2014. Comments are invited on the draft Regulation.

Comments close on 30 January 2015.

More information on the Residential (Land Lease) Communities Regulation 

Open

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Review of home building legislation


The NSW Government has undertaken a broad and comprehensive review of the NSW Home Building Act 1989 to ensure the Act is operating as efficiently and effectively as possible.

As part of that review, a Regulatory Impact Statement (RIS) containing proposed changes to the draft Home Building Regulation 2014 was released for public consultation. The closing date for comments and submissions was 15 August 2014

More information on the review of home building legislation.

Closed

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Review of the Property, Stock and Business Agents Regulation 2014


The NSW Government is undertaking a review of the Property, Stock and Business Agents Regulation. As a result, a Regulatory Impact Statement (RIS) containing proposed updates to the Regulation has been released for public consultation. The closing date for comments and submissions was 13 June 2014.

More information on the review of Property, Stock and Business Agents Regulation.

Closed

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Regulation of the motor industry


A Regulatory Impact Statement has been released for the Motor Dealers and Repairers Regulation 2014. Comments are invited on the proposed Regulation.

Comments closed on Friday 6 June 2014.


More information on the regulation of the motor industry.

Closed

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Improving governance in incorporated associations


Incorporated associations are generally community-based entities run by volunteers. There are some 36,900 incorporated associations registered in NSW. The Associations Incorporation Act 2009 provides small, non-profit and non-commercial organisations with a simple and low-cost means of becoming a legal entity, and also establishes a registration scheme for these organisations.

Prior to a full review of the Act in 2014, some focused governance solutions are being explored that aim to strengthen governance in incorporated associations, whilst not placing undue burden on them.

Comments closed 13 December 2013.

More information on improving governance in incorporated associations

Closed

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National occupational licensing


The Council of Australian Governments National Occupation Licensing Taskforce have released a Decision Regulation Impact Statement (RIS) for a national licensing system for the following occupational groups:

  • refrigeration and air-conditioning occupations
  • plumbing and gasfitting occupations
  • property occupations
  • electrical occupations.

Comments on the proposed policy and licensing models for each of the above occupations closed on 12 August 2013.

More information on National occupational licensing

Closed

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Children and window safety consultation


The Children’s Hospital at Westmead (CHW) Working Party for the Prevention of Children Falling from Residential Buildings has released a report on the incidence of child falls from buildings.

A whole-of-Government response to the CHW report has been developed. The response includes proposed amendments to strata scheme management and residential tenancy laws, and a targeted community education and awareness campaign.

The Consultation Paper provides details of the proposed legislative changes and seeks feedback on questions about these measures.

Comments closed on 24 April 2013.

More information on the Children and window safety consultation.

Closed

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Standard Occupancy Agreement for boarding houses


NSW Fair Trading is seeking stakeholder feedback on the proposed Standard Form Occupancy Agreement for use in general boarding houses.


Comments closed on 15 April 2013.

More information on the Standard occupancy agreement for boarding houses.

Closed

 Pen and paper

Australian Charities and Not-for-profits Commission's (ACNC) regulatory approach


The Commonwealth Government's Australian Charities and Not-for-profits Commission (ACNC) is currently consulting on its approach to regulation. This includes how it intends to act when charities do not meet their requirements.

The ACNC's work includes registering charities, streamlining reporting requirements and ensuring charities meet their obligations. Initially it will only regulate charities that are registered for Commonwealth tax concessions and other benefits.
 
Comments closed on 1 March 2013
 
More information on ACNC's regulatory approach consultation.

Closed

 Pen and paper

Retirement villages amendment regulation

 

The NSW Government is committed to developing a standard contract and disclosure documents for retirement villages.  A draft Retirement Villages Amendment (Standard Contract) Regulation 2013 has been released to seek community input.
 
Comments closed on 25 January 2013
 
More information on the retirement villages amendment regulation.

Closed

Pen and paper

Review of regulatory burden

 

The NSW Government is seeking stakeholder feedback on the proposed repeal of six pieces of legislation within the Fair Trading portfolio. These have been identified as potentially being either superfluous to the ongoing regulation of a fair and efficient marketplace or as no longer being the best means of achieving the public policy goal that the law was originally designed to meet. The six Acts are:

  • Consumer Claims Act 1998
  • Fitness Services (Pre-Paid Fees) Act 2000
  • HomeFund Commissioner Act 1993
  • Landlord and Tenant Act 1899
  • Landlord and Tenant (Amendment) Act 1948
  • Warehousemen’s Liens Act 1935

Comments closed on 1 February 2013.

More information on the review of regulatory burden.

Closed

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Reform of the strata and community scheme laws


The NSW Government is carrying out a comprehensive reform of the strata and community scheme laws. A discussion paper was released to invite comment on any aspect of the laws. The paper looked at a wide range of topics, including:

  • the future regulatory approach
  • how to improve the running of schemes
  • managing finances
  • managing buildings, and
  • handling disputes.

Comments and submissions are closed.

More information on the reform of the strata and community scheme laws.

Closed

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Proposal for mandatory professional indemnity insurance


The NSW Government is proposing an amendment to the Property, Stock and Business Agents Regulation 2003 to require all persons licensed under the Property, Stock and Business Agents Act 2002 to have and maintain a professional indemnity insurance policy, with prescribed requirements, as a condition of holding their licence. The closing date for comments and submissions was 5 October 2012.

More information on the proposal for mandatory professional indemnity insurance.

Closed

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Review of the Property, Stock and Business Agents Act 2002


The NSW Government has undertaken a statutory review of the Property, Stock and Business Agents Act 2002. As a result, an exposure draft Amendment Bill containing proposed reforms to the Act has been released for public consultation. The closing date for comments and submissions was 5 October 2012.

More information on the review of property, stock and business agents legislation.

Closed

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National travel industry reforms


The Australian Ministers for Consumer Affairs are inviting public comment on proposals to reform the regulation of travel agents.

Comments on the proposal to reform travel industry regulation close on 1 October 2012. Submissions are requested in response to specific questions about the transition arrangements in the draft Travel Industry Transition Plan.

Go to the Australian Consumer Law website for more information about the reforms and how to have your say.

Closed 

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Consultation on national licensing reforms for selected occupations


The Council of Australian Governments National Licensing Taskforce is inviting public comment on proposals to reform licensing for the following occupations:

  • refrigeration and air conditioning mechanics
  • plumbers and gasfitters
  • property occupations, excluding conveyancers and valuers
  • electrical occupations

Comments on the proposals to reform licensing for the above occupations closed on 12 October 2012.
 
Go to the National Occupational Licensing Authority website for more information about the reforms, public consultation sessions and how to have your say.

Closed 

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Review of the Fair Trading Regulation 2012


The Fair Trading Regulation 2007 is to be automatically repealed and remade on 1 September 2012. A draft Regulation and Regulatory Impact Statement have been prepared for consultation purposes. Comments closed on 25 July 2012.

The petrol price signs survey closed 10 August 2012.


More information on the review of the Fair Trading Regulation 2012.

Closed 


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Review of the Gas Supply (Consumer Safety) Regulation 2012


The Gas Supply (Consumer Safety) Regulation 2004 is to be automatically repealed and remade on 1 September 2012. A draft Regulation and Regulatory Impact Statement have been prepared for consultation purposes. Comments closed on 25 July 2012.


More information on the review of the Gas Supply (Consumer Safety) Regulation 2012.

Closed 

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Review of the Plumbing and Drainage Regulation 2012


A draft Plumbing and Drainage Regulation 2012 has been released for public comment following the passing of the Plumbing and Drainage Act 2011 by Parliament on 9 November 2011. Submissions closed 4 May 2012.


More information on the review of the Plumbing and Drainage Regulation 2012.

Closed 

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Review of the Fitness Services (Pre-paid Fees) Act 2000


NSW Fair Trading is undertaking a review of the Fitness Services (Pre-paid Fees) Act 2000 as part of the NSW Government’s commitment to reducing red tape and ensuring that regulation is effective and necessary. Submissions closed 4 May 2012.


More information on the review of the Fitness Services (Pre-paid Fees) Act.

Closed

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Standard contract for retirement villages


A standard contract for retirement villages is being developed to make it easier for residents to compare and understand the differences in costs and conditions between villages before entering into a contract. Comments closed 18 May 2012.


More information on the standard contract for retirement villages.

Closed

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Review of the Residential Parks Act 1998


A review of the Residential Parks Act 1998 is being carried out. A discussion paper was released for public consultation in November 2011. Submissions in response to the paper have now closed.


More information on the review of the Residential Parks Act 1998.

Closed

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