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, 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 – void terms in non-disclosure agreements

This Statement of Regulatory Intent 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Fuel price signs at electric vehicle recharging stations (PDF, 174.03 KB).This Statement is no longer current.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.

Home Building Act 1989

Requirements to disclose cost of home building compensation cover and provide updated Consumer Building Guide (PDF, 224.88 KB)

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.

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