The Better Regulation Legislation Amendment Act 2020 makes minor miscellaneous reforms to 13 Acts in the Better Regulation and Innovation portfolio.
The amendments improve existing legislation by introducing reforms that seek to:
- increase consumer protection
- ensure proper and effective administration of legislation
- clarify and streamline regulatory requirements
The changes
The Act makes the following amendments:
Increasing consumer protection
- The Secretary is now authorised to immediately cancel motor dealers and repairers licences if they have been issued due to misrepresentations or in error
- Non-minor repair work for transport service vehicles must be carried out by the holder of a motor vehicle repairer’s licence
- The Motor Dealers and Repairers Regulation 2014 specifies the maximum amount of compensation payable from the Motor Dealers and Repairers Compensation Fund
- Existing gas related investigation powers of NSW Fair Trading have been expanded to allow investigations into autogas installations
- Existing COVID-19 residential tenancy moratorium period has been extended to 26 March 2021.
Ensuring proper and effective administration of legislation
- Police presence is no longer required to execute search warrants under various Acts administered by NSW Fair Trading
- Unclaimed proceeds from the sale of goods under the Storage Liens Act 1935 will be deposited with Revenue NSW and not the NSW Public Trustee & Guardian, consistent with the Unclaimed Money Act 1995
- The prescribed form for retail trading exemptions has been changed to a Secretary approved form. The Retail Trading Act 2008 also provides for public review of exemption and repeals the Regulation as it is no longer required
- The Secretary now has authority to exempt a person from the requirements of the Pawnbrokers and Second-hand Dealers Act 1996, instead of prescribing exemptions in the Regulation
- The names of Long Service Leave Committee representatives are updated under the Contract Cleaning Industry (Portable Long Service Leave Scheme) Act 2010
- The Secretary now has authority to exempt gas appliances, gas installations and autogas installations from certain standards not required under the Gas and Electricity (Consumer Safety) Act 2017
Clarifying and streamlining regulatory requirements
- A person is no longer required to hold a motor dealer’s licence to sell a boat trailer in connection with the sale of a second-hand boat
- Landlords must disclose the jurisdiction in which they ordinarily reside in the Residential Tenancy Agreement
- The definition of ‘electrical installation’ in the Gas and Electricity (Consumer Safety) Act 2017 is clarified to exclude transmission electricity meters
- Proceedings for indictable offences under the Property, Stock and Business Agents Act 2002 are not subject to the time limit in that Act, and are instead subject to timeframes in the Criminal Procedure Act 1986