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Statements of Regulatory Intent 

NSW Fair Trading issues Statements of Regulatory Intent to clarify our approach to certain legislative matters. This can occur where new requirements have been introduced but the industry needs time to adjust, or when further clarification of the regulatory approach is warranted, or to explain interim arrangements ahead of upcoming changes to a regulatory framework.

In this section you will find all Statements of Regulatory Intent issued by NSW Fair Trading, including Statements that are currently in force or have lapsed.

Fair Trading Act 1987 and Fair Trading Regulation 2012 

Fuel price signs at electric vehicle recharging stations (in PDF format size: 174 KB)
This Statement sets out Fair Trading’s enforcement approach to price sign requirements under clauses 10 and 11 of the Fair Trading Regulation 2012, for electric vehicle (EV) recharging stations from 1 July 2017.

On 1 July 2017, electricity became a prescribed fuel under the Fair Trading Act 1987, meaning operators of EV recharging stations are technically now subject to the same price sign requirements as operators of petrol stations.

However, those price sign requirements were designed for service stations selling petrol, diesel or LPG, and not electricity.

Accordingly, until further notice, Fair Trading will not enforce the fuel price signs product information standard in relation to electricity as a prescribed fuel.

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Home Building Act 1989 

Owner-builder permit applicants (in PDF format size: 1mb)
This Statement clarifies that NSW Fair Trading will accept a SafeWork NSW Statement of Training as satisfying the general construction induction card training requirements for the purposes of an application for an owner-builder permit.

Supply of ‘Consumer Building Guide' (in PDF format size: 1mb)
This Statement is no longer current. This Statement clarified that Fair trading will not penalise contractors who fail to provide the Consumer Building Guide as part of ‘small jobs’ contracts.

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Motor Dealers and Repairers Act 2013 

Motor dealers forms (in PDF format size: 254kb)
This Statement clarifies that some minor changes to the prescribed motor dealers forms have recently been made, and the forms are being fully revised in coming months. It is anticipated that the changes to the forms will not be finalised until September 2016. Motor dealers can continue using the prescribed forms as were in force before 8 July 2016 will not be required to start using the new forms until 31 August 2017 (extended from 31 March 2017).

Prescribed parts registers (in PDF format size: 923kb)
This Statement clarifies that motor vehicle repairers do not have to record brand new parts purchased directly from retailers in their prescribed parts register. However, repairers should still keep invoices and receipts for these parts. All other prescribed parts must be recorded. This includes parts provided by customers even if the customer has bought the part brand new.

Interstate caravan dealers and NSW trade shows (in PDF format size: 254kb )
This Statement confirms that interstate motor dealers wishing to exhibit at NSW caravan trade shows must hold a NSW motor dealer’s licence. While this is not a new requirement, previously it has not been rigidly enforced.

Ongoing use of Form 2A (in PDF format size: 1mb)
This Statement allows motor vehicle recyclers who use hard copy registers to continue to use the old Form 2A from the Motor Dealers Regulation 2010 for recording prescribed parts when dismantling whole vehicles. This is an interim arrangement ahead of a review of current prescribed parts registers.

Exemptions for low-scope, low-risk vehicle work (in PDF format size: 756kb)
This Statement exempts people who are engaged in certain types of low-risk, low-scope vehicle work that do not substantially affect the safety of a motor vehicle from the requirements to hold certain qualifications. This is an interim arrangement ahead of proposed regulatory amendments concerning such exemptions.

Transitional provisions for use of prescribed forms (in PDF format size: 1mb)
This Statement is no longer current. Following the commencement of new motor dealers and repairers laws in December 2014, this Statement allowed motor dealers to continue using the old motor dealers notices until 1 May 2015.

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Pawnbrokers and Second-hand Dealers Regulation 2015 

Transitional arrangements for using new Form 1 (in PDF format size: 506kb)
This Statement allows pawnbrokers and second-hand dealers to continue to use old Form 1 prescribed under the Pawnbrokers and Second-hand Dealers Regulation 2008 until 1 March 2016.

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Biofuels Act 2007 

The Statement of Regulatory Intent (in PDF format size: 179kb) sets out the regulatory approach Fair Trading will take for the first and second quarters of 2017, following commencement of the Biofuels Amendment Act 2016 and Biofuels Regulation (No 2) on 1 January 2017.

It grants newly regulated entities a grace period of three months, starting from 1 January 2017 in order to give them time to undertake any activities required to ensure they are compliant with the new laws. Entities regulated as 'major retailers' under the previous laws will be required to ensure compliance with the new laws from 1 January 2017.

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