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.
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 will take when Schedule 2 of the Fair Trading Amendment (Ticket Scalping and Gift Cards) Act 2017 commences 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 commences on 31 March 2018 and must be complied with.
There will be a transition period from 31 March 2018 to 30 September 2018.
During the transition period, businesses can continue to sell their existing stock of gift cards and card packaging if they take actions to inform consumers about the new laws. Throughout the transition period, NSW Fair Trading will take the enforcement approach outlined in this Statement when monitoring compliance with section 58N(1) only.
Fair Trading Act 1987 and Fair Trading Regulation 2012
Fuel price signs at electric vehicle recharging stations (PDF, 174.03 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.
Home Building Act 1989
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.
Biofuels Act 2007
The Statement of Regulatory Intent (PDF, 178.9 KB) 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.