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, when there needs further clarification of the regulatory approach or to explain interim arrangements ahead of upcoming changes to the framework.
Below are statements of regulatory intent issued by Fair Trading that are currently in-force or have lapsed.
Assistant agents in real estate, stock and station and strata management operating under expired certificates of registration
This Statement of Regulatory Intent sets out the compliance and enforcement approach of NSW Fair Trading to assistant agents who continue to perform regulated roles after their certificate of registration expires on 22 March 2024. This statement also applies to licensees whom employ or supervise those assistant agents.
NSW Fair Trading will not take enforcement action against certificate of registration holders with certificates expiring on 22 March 2024 who continue to work under their expired certificate of registration between 23 March and 23 June 2024. However, Fair Trading may still take enforcement action against other breaches of the Property and Stock Agents Act 2002 or the Property and Stock Agents Regulation 2022, during this period.
Property and Stock Agents Regulation 2022 - new regulatory obligations for real estate and property agents
This Statement of Regulatory Intent clarifies NSW Fair Trading’s approach to ensuring compliance with the new regulatory obligations under the Property and Stock Agents Regulation 2022. The six-month transitional period will commence on 1 September 2022, and finish on 1 March 2023.
During this period, NSW Fair Trading will not take enforcement action against real estate and property agents who do not comply with the new obligations that the Regulation introduces. However, Fair Trading may still take enforcement action against other breaches of the Regulation.
Commercial agents
This Statement of Regulatory Intent outlines the compliance and enforcement approach of NSW Fair Trading for new commercial agent licences under the Fair Trading Act 1987.
This includes transitional arrangements allowing agents who hold a licence under the Commercial Agents and Private Inquiry Agents 2004 Act (CAPI Act) to continue working while their application for a new licence is processed.
The transition period ends on the date a CAPI Act licence expires or on 30 June 2023, whichever is sooner.
Auto glazing and electrical accessory fitting repair classes
This Statement of Regulatory Intent outlines Fair Trading's compliance and enforcement approach for two new specialised motor repair work classes - auto glazing and electrical accessory fitting.
It includes transitional arrangements allowing tradespeople to continue to trade while their application for a tradesperson's certificate is processed. This transitional arrangement ends on 1 March 2022.
Short-term rental accommodation – Exclusion Register
This statement sets out the compliance and enforcement approach that NSW Fair Trading will take regarding the exclusion register set out in the Code of Conduct for the Short-term Rental Accommodation Industry.
Charitable fundraising in Australia COVID-19
This statement sets out the enforcement approach that charitable fundraising regulators across Australia will take to compliance with certain specified requirements as set out under their respective laws in response to the COVID-19 pandemic.
National charitable fundraising during COVID-19 Statement of Regulatory Intent
Charitable fundraising - Compliance statement requirements
This statement sets out the enforcement approach that NSW Fair Trading/Department of Customer Service will take in regard to compliance with reporting requirements as set out in section 24B of the Charitable Fundraising Act 1991.
Please note there is also a class exemption for ACNC registered organisations from the financial reporting requirements set out in section 23(4) of the Act.
Compliance statement requirements- Statement of Regulatory Intent (PDF, 126.98 KB)
Financial reporting requirements- Class Exemption Order (PDF, 126.98 KB)
COVID-19 - NSW Fair Trading approach during orders under the Public Health Act 2010
This statement sets out the enforcement approach that NSW Fair Trading will take to ensure compliance with the legislation it administers relating to occupational licensing, consumer and community protection and regulated entities in response to the COVID-19 pandemic.
COVID-19 Statement of Regulatory Intent ()
Fair Trading Act 1987 – void terms in non-disclosure agreements
This Statement of Regulatory Intent (PDF, 77.94 KB) sets out the compliance and enforcement approach of NSW Fair Trading since section 86AB of the Fair Trading Act 1987 commenced on 28 February 2019.
To help businesses adapt their operational requirements to the new law, transitional arrangements will apply from 28 February 2019 to 1 September 2019’.
Fair Trading Act 1987 - regulation of gift cards
This Statement of Regulatory Intent (PDF, 286.24 KB) sets out the compliance and enforcement approach that NSW Fair Trading takes since Schedule 2 of the Fair Trading Amendment (Ticket Scalping and Gift Cards) Act 2017 commenced on 31 March 2018. Section 58N(1) of the Act states that a person must not sell a gift card to a consumer in NSW with an expiry date that is less than three years after the sale of the gift card.
Section 58N commenced on 31 March 2018 and must be complied with.
A transition period was in place from 31 March 2018 to 30 September 2018.
Fair Trading Act 1987 and Fair Trading Regulation 2012
Fuel price signs at electric vehicle recharging stations (PDF, 174.03 KB).This Statement is no longer current. It stated that Fair Trading would not enforce the fuel price signs product information standard in the Fair Trading Regulation 2012 in relation to electric vehicle (EV) recharging stations. In the remade Fair Trading Regulation 2019, electricity has been excluded from the definition of prescribed fuel, making this statement of regulatory intent redundant.
Fair Trading Regulation 2019 – Division 2 – Funeral Goods and Services Information Standard
This is a Statement of Regulatory Intent (PDF, 104.34 KB) sets out the compliance and enforcement approach of NSW Fair Trading for Division 2 of the Fair Trading Regulation 2019 from 1 February 2020.
Fair Trading will take into consideration circumstances where compliance has been affected by the recent bushfires.
Gas and Electricity (Consumer Safety) Act 2017 – Medical Gas Fitting
This is a Statement of Regulatory Intent sets out the compliance and enforcement approach of NSW Fair Trading for section 69A of the Gas and Electricity (Consumer Safety) Regulation 2018 from 1 October 2022. Where a hyperbaric chamber is a medical gas installation and is only used for a military or law enforcement purpose, NSW Fair Trading will take the approach outlined in this statement.
Home Building Act 1989
This Statement of Regulatory Intent sets out the compliance and enforcement approach of NSW Fair Trading since sections 4, 5 12, 15A and 16 of the Home Building Act 1989 in relation to specialist work that is medical gas fitting work commenced on 1 October 2022. Where a hyperbaric chamber is a medical gas installation and is only used for a military or law enforcement purpose, NSW Fair Trading will take the approach outlined in this statement.
The statement clarifies that NSW Fair Trading will take an educational approach to enforcement to help industry adapt to the new requirement. The educational approach will apply from 1 July 2018 to 31 December 2018.
Owner-builder permit applicants (PDF, 1257.89 KB).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' (PDF, 1058.73 KB). 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.
Motor Dealers and Repairers Act 2013
Tyre fitting repair work (PDF, 167.69 KB). This Statement clarifies that persons carrying out car tyre fitting repair work that does not affect the mechanical operation of the vehicle, the structure of the vehicle or vehicle safety features (such as impact sensors and airbags) may continue to do so without the need to hold a tradesperson’s certificate.
Motor dealers and recyclers prescribed forms (PDF, 728.25 KB). This Statement clarifies that some minor changes to the prescribed motor dealers and recyclers forms have been made.
Prescribed parts registers (PDF, 922.7 KB). 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.
Pawnbrokers and Second-hand Dealers Regulation 2015
Transitional arrangements for using new Form 1 (PDF, 506.47 KB).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.
Property and Stock Agents Act 2002 – new regulatory obligations on real estate and property agents
This re-issued Statement of Regulatory Intent (PDF, 175.17 KB) signals NSW Fair Trading’s enforcement intentions for an extended period of six months, starting on 1 October 2020, for new regulatory obligations under the Property and Stock Agents Act 2002 which commenced on 23 March 2020.