Western Australia: Fair Trading Act 2010 (WA)

Western Australia Fair Trading Act 2010 Western Australia Fair Trading Act 2010 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Object of Act 1 Part 2 — Interpretation and application Division 1 — General interpretation 4. Which interpretation Act applies to ACL (WA) 1 5. Application of s. 6-9 and 17 1 6. Terms used 1 7. Term used: consumer 1 8. Term used: services 1 9. Further provisions about interpretation 1 Division 2 — Application 10. Act binds Crown 1 11. Territorial application of Act 1 12. Concurrent operation of laws of other jurisdictions not limited 1 13. No contracting out 1 14. Relationship with other Acts and rules of law 1 15. Inconsistencies with other enactments 1 Part 3 — The Australian Consumer Law Division 1 — Object and interpretation 16. Object of this Part 1 17. Terms used 1 Division 2 — Application of Australian Consumer Law 18. Australian Consumer Law text 1 19. Application of Australian Consumer Law text 1 19A. Tabling amending laws 1 19B. Disallowance of amending laws 1 19C. Commencement of amending laws 1 19D. Amending laws enacted after 1 June 2021 but before commencement day 1 19E. Tabling of amending law taken to be publication for Standing Orders 1 21. Certain instruments to be published, and may be disallowed by Parliament 1 22. Term used in ACL (WA): regulator 1 23. ACL (WA), interpretation of 1 24. ACL (WA), application of 1 Division 3 — References to Australian Consumer Law 25. References to Australian Consumer Law 1 26. References to Australian Consumer Law of other jurisdictions 1 Division 4 — Application of Australian Consumer Law to Crown 27. Division does not apply to Commonwealth 1 28. Application law of this jurisdiction binds Crown 1 29. Application law of other jurisdictions binds Crown 1 30. Crown not liable to pecuniary penalty or prosecution 1 Division 5 — Miscellaneous 31. No doubling‑up of criminal liabilities 1 32. Offences against ACL (WA) are crimes 1 33. Pecuniary penalty proceedings under ACL (WA) s. 224, civil rules of evidence etc. apply 1 35. Sale of Goods Act 1895, inconsistency with certain provisions of ACL (WA) 1 Division 6 — Transitional 37. Certain injunction proceedings pending at 1 Jan 2011 1 38. ACL (WA) Part 2-3 (unfair contract terms), application of to contracts made on or after 1 Jan 2011 1 39. ACL (WA) Part 3-2 Div. 2 (unsolicited consumer agreements), application of to contracts made before 1 Jan 2011 etc. 1 40. ACL (WA) s. 101 (requests for itemised bills), application of for services supplied before 1 Jan 2011 1 41. ACL (WA) s. 224(4)(c), interpretation of 1 Part 4 — Codes of practice Division 1 — Preliminary 42. Outline of this Part 1 43. Term used: code of practice 1 Division 2 — Development and implementation of codes of practice 44. Draft codes of practice, preparation of 1 45. Regulations prescribing code of practice 1 46. Interim code of practice, regulations may prescribe 1 Division 3 — Enforcement of codes of practice 47. SAT's powers to deal with contraventions of prescribed code of practice 1 48. Commissioner may take or defend, or assume the conduct or defence of, proceedings relating to contravention of code of practice 1 49. Provisions for proceedings Commissioner institutes, defends or assumes conduct or defence of 1 50. No doubling‑up of liabilities 1 51. Action taken for breach of code of practice doesn't preclude other civil action 1 52. Transitional provisions for codes of practice prescribed before 1 Jan 2011 1 53. Transitional provisions for undertakings under Fair Trading Act 1987 s. 44 1 54. Transitional provisions for contraventions of code of practice before 1 Jan 2011 1 Part 5 — Administrative provisions Division 1 — Commissioner 55. Commissioner, designation and title of 1 56. General functions of Commissioner 1 57A. Licensing and regulatory functions of Commissioner 1 57. Warnings and information, Commissioner may issue 1 58. Instituting, defending or assuming conduct or defence of legal proceedings on behalf of consumers or businesses 1 59. Provisions for proceedings Commissioner institutes, defends or assumes conduct or defence of 1 60. Delegation by Commissioner 1 61. Judicial notice of Commissioner's signature etc. 1 Division 2 — Offence 62. Advertisements not to imply approval by consumer affairs authority 1 Division 3 — Advisory committees Subdivision 1 — Property Industry Advisory Committee 63A. Committee established 1 63B. Membership 1 63C. Functions 1 63D. Procedure 1 Subdivision 2 — Motor Vehicle Industry Advisory Committee 63E. Committee established 1 63F. Membership 1 63G. Functions 1 63H. Procedure 1 Subdivision 3 — Consumer Advisory Committee 63I. Committee established 1 63J. Membership 1 63K. Functions 1 63L. Procedure 1 Subdivision 4 — Regulations prescribing committee procedures, etc. 63M. Regulations 1 Part 6 — Investigation and enforcement Division 1 — Preliminary 63. Terms used 1 64A. Authorised persons cannot be public officers under Criminal Investigation Act 2006 1 Division 2 — Investigators 64. Designating people as investigators 1 65. Certificate of authority of investigator 1 66. Certificate of authority to be produced on demand 1 67. Persons assisting investigators 1 Division 3 — General powers 68. Investigations and inquiries, Commissioner's powers to make 1 69. Investigations and inquiries, powers for 1 70. Interviews under s. 69(1)(a), conduct of 1 71. Warrant to enter premises or motor vehicle 1 72. Warrants wanted urgently, may be obtained by telephone etc. 1 73. Warrants by telephone etc., further provisions for 1 74. Warrants, issue and effect of 1 75. Warrants, powers under to obtain access information for computers etc. 1 76. Warrants, further powers under 1 77. Damage to equipment or data, compensation for 1 78. Warrants, execution and duration of 1 79. Seizing things 1 80. Seized things, copies of to be provided 1 81. Seized things, access to by owner 1 82. Seized things, return of 1 83. Seizure, SAT may review 1 84. Seized things, forfeiture of 1 85. Forfeited things, dealing with 1 86. Privilege against self‑incrimination doesn't apply 1 87. Information obtained, use of etc. 1 Division 4A — Specific powers for enforcement of licensing and regulatory provisions 88A. Terms used 1 88B. Investigations and inquiries for licensing and regulatory purposes, Commissioner's powers to make 1 88C. Authorised persons' powers for this Division 1 88D. Police assistance with investigations and inquiries 1 88E. Compliance checks at regulated person's business premises, powers for 1 Division 4 — Offences 88. Failing to cooperate with investigation 1 89. Obstructing authorised person 1 Part 7 — Criminal and civil proceedings Division 1 — Preliminary 90. Term used: person involved in a contravention of a provision of this Act 1 Division 2 — Criminal proceedings 91. Time limit for commencing proceedings 1 92. Who may institute criminal proceedings 1 93. Court of summary jurisdiction to be constituted by magistrate 1 94. Courts' other powers in criminal proceedings 1 94A. Liability of officers for offence by body corporate 1 95. Vicarious liability of employers, principals and other persons 1 96. Defence: reasonable mistake of fact 1 97. Defences: accident, act or default of another etc. 1 98. Defence: publication of advertisements in ordinary course of business 1 Division 3 — Civil proceedings 99. Injunctions to prevent or stop contraventions of Act 1 100. Injunctions to prevent etc. other contraventions 1 101. Injunctions, general provisions about 1 102. Interim injunctions 1 103. Final injunction may be granted if parties consent 1 104. Injunction may be rescinded or varied 1 105. Supreme and District Courts' other powers in Part 7 proceedings 1 106. Supreme and District Courts' powers to prohibit payments, transfers of property etc. 1 107. Contravening s. 106 order, offence 1 108. Findings of fact or admissions in certain proceedings to be evidence in others 1 Division 4 — Further provisions relating to proceedings 109. State of mind of person, meaning of in s. 110 and 111 1 110. State of mind and conduct of body corporate, establishing 1 111. State of mind and conduct of principal (not a body corporate), establishing 1 Part 8 — Miscellaneous 112. Personal information obtained officially, when may be divulged etc. 1 113. Information obtained officially may be used for certain other purposes and legislation 1 114. Protection from liability for wrongdoing 1 115. Protection from liability for publishing official statements 1 116. Regulations 1 Part 9 — Transitional provisions 117. Regulations for transitional matters 1 118. Fair Trading (Product Information Standard) Regulation 2005 Part 4 (builders plates for recreational vessels), continuation of 1 119. Orders made before 1 Jan 2011 recalling defective goods etc., effect of 1 120. Delegations made before 1 Jan 2011, effect of 1 121. Interpretation Act 1984, application of to expiring Acts 1 Schedule 1 — Acts that override the Australian Consumer Law (WA) Part 3‑3 Schedule 2 — Registration Acts Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Note — Australian Consumer Law (WA) text Chapter 1 — Introduction 1. Application of this Schedule 1 2. Definitions 1 3. Meaning of consumer 1 4. Misleading representations with respect to future matters 1 5. When donations are treated as supplies or acquisitions 1 6. Related bodies corporate 1 7. Meaning of manufacturer 1 8. Goods affixed to land or premises 1 9. Meaning of safety defect in relation to goods 1 10. Asserting a right to payment 1 11. References to acquisition, supply and re‑supply 1 12. Application of Schedule in relation to leases and licences of land and buildings 1 13. Loss or damage to include injury 1 14. Meaning of continuing credit contract 1 15. Contraventions of this Schedule 1 16. Severability 1 17. References to provisions in this Schedule 1 Chapter 2 — General protections Part 2‑1 — Misleading or deceptive conduct 18. Misleading or deceptive conduct 1 19. Application of this Part to information providers 1 Part 2‑2 — Unconscionable conduct 20. Unconscionable conduct within the meaning of the unwritten law 1 21. Unconscionable conduct in connection with goods or services 1 22. Matters the court may have regard to for the purposes of section 21 1 22A. Presumptions relating to whether representations are misleading 1 Part 2‑3 — Unfair contract terms 23. Unfair terms of consumer contracts and small business contracts 1 24. Meaning of unfair 1 25. Examples of unfair terms 1 26. Terms that define main subject matter of consumer contracts or small business contracts etc. are unaffected 1 27. Standard form contracts 1 28. Contracts to which this Part does not apply 1 Chapter 3 — Specific protections Part 3‑1 — Unfair practices Division 1 — False or misleading representations etc. 29. False or misleading representations about goods or services 1 30. False or misleading representations about sale etc. of land 1 31. Misleading conduct relating to employment 1 32. Offering rebates, gifts, prizes etc. 1 33. Misleading conduct as to the nature etc. of goods 1 34. Misleading conduct as to the nature etc. of services 1 35. Bait advertising 1 36. Wrongly accepting payment 1 37. Misleading representations about certain business activities 1 38. Application of provisions of this Division to information providers 1 Division 2 — Unsolicited supplies 39. Unsolicited cards etc. 1 40. Assertion of right to payment for unsolicited goods or services 1 41. Liability etc. of recipient for unsolicited goods 1 42. Liability of recipient for unsolicited services 1 43. Assertion of right to payment for unauthorised entries or advertisements 1 Division 3 — Pyramid schemes 44. Participation in pyramid schemes 1 45. Meaning of pyramid scheme 1 46. Marketing schemes as pyramid schemes 1 Division 4 — Pricing 47. Multiple pricing 1 48. Single price to be specified in certain circumstances 1 Division 5 — Other unfair practices 49. Referral selling 1 50. Harassment and coercion 1 Part 3‑2 — Consumer transactions Division 1 — Consumer guarantees Subdivision A — Guarantees relating to the supply of goods 51. Guarantee as to title 1 52. Guarantee as to undisturbed possession 1 53. Guarantee as to undisclosed securities etc. 1 54. Guarantee as to acceptable quality 1 55. Guarantee as to fitness for any disclosed purpose etc. 1 56. Guarantee relating to the supply of goods by description 1 57. Guarantees relating to the supply of goods by sample or demonstration model 1 58. Guarantee as to repairs and spare parts 1 59. Guarantee as to express warranties 1 Subdivision B — Guarantees relating to the supply of services 60. Guarantee as to due care and skill 1 61. Guarantees as to fitness for a particular purpose etc. 1 62. Guarantee as to reasonable time for supply 1 63. Services to which this Subdivision does not apply 1 Subdivision C — Guarantees not to be excluded etc. by contract 64. Guarantees not to be excluded etc. by contract 1 64A. Limitation of liability for failures to comply with guarantees 1 Subdivision D — Miscellaneous 65. Application of this Division to supplies of gas, electricity and telecommunications 1 66. Display notices 1 67. Conflict of laws 1 68. Convention on Contracts for the International Sale of Goods 1 Division 2 — Unsolicited consumer agreements Subdivision A — Introduction 69. Meaning of unsolicited consumer agreement 1 70. Presumption that agreements are unsolicited consumer agreements 1 71. Meaning of dealer 1 72. Meaning of negotiation 1 Subdivision B — Negotiating unsolicited consumer agreements 73. Permitted hours for negotiating an unsolicited consumer agreement 1 74. Disclosing purpose and identity 1 75. Ceasing to negotiate on request 1 76. Informing person of termination period etc. 1 77. Liability of suppliers for contraventions by dealers 1 Subdivision C — Requirements for unsolicited consumer agreements etc. 78. Requirement to give document to the consumer 1 79. Requirements for all unsolicited consumer agreements etc. 1 80. Additional requirements for unsolicited consumer agreements not negotiated by telephone 1 81. Requirements for amendments of unsolicited consumer agreements 1 Subdivision D — Terminating unsolicited consumer agreements 82. Terminating an unsolicited consumer agreement during the termination period 1 83. Effect of termination 1 84. Obligations of suppliers on termination 1 85. Obligations and rights of consumers on termination 1 86. Prohibition on supplies etc. 1 87. Repayment of payments received after termination 1 88. Prohibition on recovering amounts after termination 1 Subdivision E — Miscellaneous 89. Certain provisions of unsolicited consumer agreements void 1 90. Waiver of rights 1 91. Application of this Division to persons to whom rights of consumers and suppliers are assigned etc. 1 92. Application of this Division to supplies to third parties 1 93. Effect of contravening this Division 1 94. Regulations may limit the application of this Division 1 95. Application of this Division to certain conduct covered by the Corporations Act 1 Division 3 — Lay‑by agreements 96. Lay‑by agreements must be in writing etc. 1 97. Termination of lay‑by agreements by consumers 1 98. Termination of lay‑by agreements by suppliers 1 99. Effect of termination 1 Division 3A—Gift cards Subdivision A—Introduction 99A. Meaning of gift card 1 Subdivision B—Requirements relating to gift cards 99B. Gift cards to be redeemable for at least 3 years 1 99C. When gift card ceases to be redeemable to appear prominently on gift card 1 99D. Terms and conditions not to allow post‑supply fees 1 99E. Post‑supply fees not to be demanded or received 1 99F. Certain terms and conditions of gift card void 1 Subdivision C—Miscellaneous 99G. Regulations may limit application of this Division 1 Division 4 — Miscellaneous 100. Supplier must provide proof of transaction etc. 1 101. Consumer may request an itemised bill 1 102. Prescribed requirements for warranties against defects 1 103. Repairers must comply with prescribed requirements 1 Part 3‑3 — Safety of consumer goods and product related services Division 1 — Safety standards 104. Making safety standards for consumer goods and product related services 1 105. Declaring safety standards for consumer goods and product related services 1 106. Supplying etc. consumer goods that do not comply with safety standards 1 107. Supplying etc. product related services that do not comply with safety standards 1 108. Requirement to nominate a safety standard 1 Division 2 — Bans on consumer goods and product related services Subdivision A — Interim bans 109. Interim bans on consumer goods or product related services that will or may cause injury to any person etc. 1 110. Places in which interim bans apply 1 111. Ban period for interim bans 1 112. Interaction of multiple interim bans 1 113. Revocation of interim bans 1 Subdivision B — Permanent bans 114. Permanent bans on consumer goods or product related services 1 115. Places in which permanent bans apply 1 116. When permanent bans come into force 1 117. Revocation of permanent bans 1 Subdivision C — Compliance with interim bans and permanent bans 118. Supplying etc. consumer goods covered by a ban 1 119. Supplying etc. product related services covered by a ban 1 Subdivision D — Temporary exemption from mutual recognition principles 120. Temporary exemption under the Trans‑Tasman Mutual Recognition Act 1997 1 121. Temporary exemption under the Mutual Recognition Act 1992 1 Division 3 — Recall of consumer goods Subdivision A — Compulsory recall of consumer goods 122. Compulsory recall of consumer goods 1 123. Contents of a recall notice 1 124. Obligations of a supplier in relation to a recall notice 1 125. Notification by persons who supply consumer goods outside Australia if there is compulsory recall 1 126. Interaction of multiple recall notices 1 127. Compliance with recall notices 1 Subdivision B — Voluntary recall of consumer goods 128. Notification requirements for a voluntary recall of consumer goods 1 Division 4 — Safety warning notices 129. Safety warning notices about consumer goods and product related services 1 130. Announcement of the results of an investigation etc. 1 Division 5 — Consumer goods, or product related services, associated with death or serious injury or illness 131. Suppliers to report consumer goods associated with the death or serious injury or illness of any person 1 132. Suppliers to report product related services associated with the death or serious injury or illness of any person 1 132A. Confidentiality of notices given under this Division 1 Division 6 — Miscellaneous 133. Liability under a contract of insurance 1 Part 3‑4 — Information standards 134. Making information standards for goods and services 1 135. Declaring information standards for goods and services 1 136. Supplying etc. goods that do not comply with information standards 1 137. Supplying etc. services that do not comply with information standards 1 137A. Safe harbour for complying with information standards about free range eggs 1 Part 3‑5 — Liability of manufacturers for goods with safety defects Division 1 — Actions against manufacturers for goods with safety defects 138. Liability for loss or damage suffered by an injured individual 1 139. Liability for loss or damage suffered by a person other than an injured individual 1 140. Liability for loss or damage suffered by a person if other goods are destroyed or damaged 1 141. Liability for loss or damage suffered by a person if land, buildings or fixtures are destroyed or damaged 1 142. Defences to defective goods actions 1 Division 2 — Defective goods actions 143. Time for commencing defective goods actions 1 144. Liability joint and several 1 145. Survival of actions 1 146. No defective goods action where workers' compensation law etc. applies 1 147. Unidentified manufacturer 1 148. Commonwealth liability for goods that are defective only because of compliance with Commonwealth mandatory standard 1 149. Representative actions by the regulator 1 Division 3 — Miscellaneous 150. Application of all or any provisions of this Part etc. not to be excluded or modified 1 Chapter 4 — Offences Part 4‑1 — Offences relating to unfair practices Division 1 — False or misleading representations etc. 151. False or misleading representations about goods or services 1 152. False or misleading representations about sale etc. of land 1 153. Misleading conduct relating to employment 1 154. Offering rebates, gifts, prizes etc. 1 155. Misleading conduct as to the nature etc. of goods 1 156. Misleading conduct as to the nature etc. of services 1 157. Bait advertising 1 158. Wrongly accepting payment 1 159. Misleading representations about certain business activities 1 160. Application of provisions of this Division to information providers 1 Division 2 — Unsolicited supplies 161. Unsolicited cards etc. 1 162. Assertion of right to payment for unsolicited goods or services 1 163. Assertion of right to payment for unauthorised entries or advertisements 1 Division 3 — Pyramid schemes 164. Participation in pyramid schemes 1 Division 4 — Pricing 165. Multiple pricing 1 166. Single price to be specified in certain circumstances 1 Division 5 — Other unfair practices 167. Referral selling 1 168. Harassment and coercion 1 Part 4‑2 — Offences relating to consumer transactions Division 1 — Consumer guarantees 169. Display notices 1 Division 2 — Unsolicited consumer agreements Subdivision A — Negotiating unsolicited consumer agreements 170. Permitted hours for negotiating an unsolicited consumer agreement 1 171. Disclosing purpose and identity 1 172. Ceasing to negotiate on request 1 173. Informing person of termination period etc. 1 Subdivision B — Requirements for unsolicited consumer agreements etc. 174. Requirement to give document to the consumer 1 175. Requirements for all unsolicited consumer agreements etc. 1 176. Additional requirements for unsolicited consumer agreements not negotiated by telephone 1 177. Requirements for amendments of unsolicited consumer agreements 1 Subdivision C — Terminating unsolicited consumer agreements 178. Obligations of suppliers on termination 1 179. Prohibition on supplies etc. 1 180. Repayment of payments received after termination 1 181. Prohibition on recovering amounts after termination 1 Subdivision D — Miscellaneous 182. Certain provisions of unsolicited consumer agreements void 1 183. Waiver of rights 1 184. Application of this Division to persons to whom rights of consumers and suppliers are assigned etc. 1 185. Application of this Division to supplies to third parties 1 186. Regulations may limit the application of this Division 1 187. Application of this Division to certain conduct covered by the Corporations Act 1 Division 3 — Lay‑by agreements 188. Lay‑by agreements must be in writing etc. 1 189. Termination charges 1 190. Termination of lay‑by agreements by suppliers 1 191. Refund of amounts 1 Division 3A—Gift cards 191A. Gift cards to be redeemable for at least 3 years 1 191B. When gift card ceases to be redeemable to appear prominently on gift card 1 191C. Terms and conditions not to allow post‑supply fees 1 191D. Post‑supply fees not to be demanded or received 1 191E. Regulations may limit the application of this Division 1 Division 4 — Miscellaneous 192. Prescribed requirements for warranties against defects 1 193. Repairers must comply with prescribed requirements 1 Part 4‑3 — Offences relating to safety of consumer goods and product related services Division 1 — Safety standards 194. Supplying etc. consumer goods that do not comply with safety standards 1 195. Supplying etc. product related services that do not comply with safety standards 1 196. Requirement to nominate a safety standard 1 Division 2 — Bans on consumer goods and product related services 197. Supplying etc. consumer goods covered by a ban 1 198. Supplying etc. product related services covered by a ban 1 Division 3 — Recall of consumer goods 199. Compliance with recall orders 1 200. Notification by persons who supply consumer goods outside Australia if there is compulsory recall 1 201. Notification requirements for a voluntary recall of consumer goods 1 Division 4 — Consumer goods, or product related services, associated with death or serious injury or illness 202. Suppliers to report consumer goods etc. associated with the death or serious injury or illness of any person 1 Part 4‑4 — Offences relating to information standards 203. Supplying etc. goods that do not comply with information standards 1 204. Supplying etc. services that do not comply with information standards 1 Part 4‑5 — Offences relating to substantiation notices 205. Compliance with substantiation notices 1 206. False or misleading information etc. 1 Part 4‑6 — Defences 207. Reasonable mistake of fact 1 208. Act or default of another person etc. 1 209. Publication of advertisements in the ordinary course of business 1 210. Supplying goods acquired for the purpose of re‑supply 1 211. Supplying services acquired for the purpose of re‑supply 1 Part 4‑7 — Miscellaneous 212. Prosecutions to be commenced within 3 years 1 213. Preference must be given to compensation for victims 1 214. Penalties for contraventions of the same nature etc. 1 215. Penalties for previous contraventions of the same nature etc. 1 216. Granting of injunctions etc. 1 217. Criminal proceedings not to be brought for contraventions of Chapter 2 or 3 1 Chapter 5 — Enforcement and remedies Part 5‑1 — Enforcement Division 1 — Undertakings 218. Regulator may accept undertakings 1 Division 2 — Substantiation notices 219. Regulator may require claims to be substantiated etc. 1 220. Extending periods for complying with substantiation notices 1 221. Compliance with substantiation notices 1 222. False or misleading information etc. 1 Division 3 — Public warning notices 223. Regulator may issue a public warning notice 1 Part 5‑2 — Remedies Division 1 — Pecuniary penalties 224. Pecuniary penalties 1 225. Pecuniary penalties and offences 1 226. Defence 1 227. Preference must be given to compensation for victims 1 228. Civil action for recovery of pecuniary penalties 1 229. Indemnification of officers 1 230. Certain indemnities not authorised and certain documents void 1 Division 2 — Injunctions 232. Injunctions 1 233. Consent injunctions 1 234. Interim injunctions 1 235. Variation and discharge of injunctions 1 Division 3 — Damages 236. Actions for damages 1 Division 4 — Compensation orders etc. for injured persons and orders for non‑party consumers Subdivision A — Compensation orders etc. for injured persons 237. Compensation orders etc. on application by an injured person or the regulator 1 238. Compensation orders etc. arising out of other proceedings 1 Subdivision B — Orders for non‑party consumers 239. Orders to redress etc. loss or damage suffered by non‑party consumers 1 240. Determining whether to make a redress order etc. for non‑party consumers 1 241. When a non‑party consumer is bound by a redress order etc. 1 Subdivision C — Miscellaneous 242. Applications for orders 1 243. Kinds of orders that may be made 1 244. Power of a court to make orders 1 245. Interaction with other provisions 1 Division 5 — Other remedies 246. Non‑punitive orders 1 247. Adverse publicity orders 1 248. Order disqualifying a person from managing corporations 1 249. Privilege against exposure to penalty or forfeiture — disqualification from managing corporations 1 250. Declarations relating to consumer contracts and small business contracts 1 Division 6 — Defences 251. Publication of advertisement in the ordinary course of business 1 252. Supplying consumer goods for the purpose of re‑supply 1 253. Supplying product related services for the purpose of re‑supply 1 Part 5‑3 — Country of origin representations 254. Overview 1 255. Country of origin representations do not contravene certain provisions 1 258. Proceedings relating to false, misleading or deceptive conduct or representations 1 Part 5‑4 — Remedies relating to guarantees Division 1 — Action against suppliers Subdivision A — Action against suppliers of goods 259. Action against suppliers of goods 1 260. When a failure to comply with a guarantee is a major failure 1 261. How suppliers may remedy a failure to comply with a guarantee 1 262. When consumers are not entitled to reject goods 1 263. Consequences of rejecting goods 1 264. Replaced goods 1 265. Termination of contracts for the supply of services that are connected with rejected goods 1 266. Rights of gift recipients 1 Subdivision B — Action against suppliers of services 267. Action against suppliers of services 1 268. When a failure to comply with a guarantee is a major failure 1 269. Termination of contracts for the supply of services 1 270. Termination of contracts for the supply of goods that are connected with terminated services 1 Division 2 — Action for damages against manufacturers of goods 271. Action for damages against manufacturers of goods 1 272. Damages that may be recovered by action against manufacturers of goods 1 273. Time limit for actions against manufacturers of goods 1 Division 3 — Miscellaneous 274. Indemnification of suppliers by manufacturers 1 275. Limitation of liability etc. 1 276. This Part not to be excluded etc. by contract 1 276A. Limitation in certain circumstances of liability of manufacturer to seller 1 277. Representative actions by the regulator 1 Part 5‑5 — Liability of suppliers and credit providers Division 1 — Linked credit contracts 278. Liability of suppliers and linked credit providers relating to linked credit contracts 1 279. Action by consumer to recover amount of loss or damage 1 280. Cases where a linked credit provider is not liable 1 281. Amount of liability of linked credit providers 1 282. Counter‑claims and offsets 1 283. Enforcement of judgments etc. 1 284. Award of interest to consumers 1 285. Liability of suppliers to linked credit providers, and of linked credit providers to suppliers 1 286. Joint liability proceedings and recovery under section 135 of the National Credit Code 1 Division 2 — Non‑linked credit contracts 287. Liability of suppliers and credit providers relating to non‑linked credit contracts 1 Chapter 6—Application and transitional provisions Part 1—Application and transitional provisions relating to the Consumer Credit Legislation Amendment (Enhancements) Act 2012 288. Application of amendments relating to lay‑by agreements 1 289. Application of amendment relating to repairs 1 290. Saving of regulations relating to repairs 1 Part 1A—Application provision relating to the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 290A. Application 1 Part 2—Application and transitional provisions relating to the Competition and Consumer Amendment (Competition Policy Review) Act 2017 291. Application of amendments relating to confidentiality of notices 1 292. Application of amendments relating to prohibition on supplies 1 Part 3—Application provision relating to the Treasury Laws Amendment (2018 Measures No. 3) Act 2018 295. Application of amendments 1 Part 4—Application provisions relating to the Treasury Laws Amendment (Australian Consumer Law Review) Act 2018 296. Application—listed public companies 1 297. Application—unsolicited supplies 1 298. Application—unsolicited consumer agreements 1 299. Application—single price 1 300. Application—non‑punitive orders 1 301. Application—guarantees relating to the supply of services 1 Part 5—Application and transitional provisions relating to the Treasury Laws Amendment (Gift Cards) Act 2018 302. Application of amendments relating to gift cards 1 Part 6—Application and transitional provisions relating to the Treasury Laws Amendment (2020 Measures No. 6) Act 2020 303. Application of amendments relating to multiple non major consumer guarantee failures 1 Defined terms Western Australia Fair Trading Act 2010 An Act to — * promote and encourage fair trading practices and a competitive and fair market, and protect the interests of consumers, by applying the Australian Consumer Law (with modifications) as a law of Western Australia, and providing for codes of practice; and * provide for the powers and functions of a Commissioner, including powers to carry out investigations into alleged breaches of this Act; and * provide for the repeal of the Consumer Affairs Act 1971, Fair Trading Act 1987 and Door to Door Trading Act 1987; and * make consequential amendments to various Acts 1, and for related purposes. Part 1 — Preliminary 1. Short title This is the Fair Trading Act 2010. 2. Commencement This Act comes into operation as follows — (a) sections 1 and 2 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions. 3. Object of Act The object of this Act is to improve consumer well‑being through consumer empowerment and protection, to foster effective competition, and to enable the confident participation of consumers in markets in which both consumers and suppliers trade fairly. Part 2 — Interpretation and application Division 1 — General interpretation 4. Which interpretation Act applies to ACL (WA) Section 23 deals with the application of the Acts Interpretation Act 1901 (Commonwealth) and the Interpretation Act 1984 of Western Australia to the Australian Consumer Law (WA). 5. Application of s. 6-9 and 17 (1) Sections 6 to 9 apply to this Act other than Part 3 and the Australian Consumer Law (WA). (2) Section 17 applies to the interpretation of terms used in Part 3 and the Australian Consumer Law (WA). 6. Terms used In this Act (other than Part 3 and the Australian Consumer Law (WA)) — acquire includes — (a) in relation to goods — acquire by purchase or exchange or by taking on lease, on hire or on hire‑purchase; and (b) in relation to services — accept; and (c) in relation to an interest in land — acquire by purchase or exchange or by taking on lease, or in any other manner in which an interest in land may be acquired for valuable consideration; Australian Consumer Law (WA) has the meaning given in section 17; business includes — (a) a business not carried on for profit; and (b) a trade or profession; Commissioner means the person for the time being designated as the Commissioner under section 55; consumer has the meaning given in section 7; Department means the department of the Public Service principally assisting the Minister in the administration of this Act; disposal, in relation to an interest in land, means disposal by sale, exchange or lease or by any other method by which an interest in land may be disposed of for valuable consideration; document has the meaning given in the Australian Consumer Law (WA) section 2(1); goods has the meaning given in the Australian Consumer Law (WA) section 2(1); interest has the meaning given in the Australian Consumer Law (WA) section 2(1); provision, in relation to an understanding, means any matter forming part of the understanding; re‑supply, in relation to goods acquired from a person, includes — (a) a supply of the goods to another person in an altered form or condition; and (b) a supply to another person of goods in which the first‑mentioned goods have been incorporated; services has the meaning given in section 8; supplier means a person who, in the course of business, supplies goods or services; supply includes — (a) in relation to goods — (i) supply (including re‑supply) by way of sale, exchange, lease, hire or hire‑purchase; and (ii) exhibit, expose or have in possession for the purpose of sale, exchange, lease, hire or hire‑purchase or for any purpose of advertisement, manufacture or trade; and (b) in relation to services — provide, grant or render for valuable consideration; and (c) in relation both to goods and to services — donate for promotional purposes; trade or commerce includes any business or professional activity (whether or not carried on for profit). 7. Term used: consumer (1) In this Act (other than Part 3 and the Australian Consumer Law (WA)) — consumer means — (a) a person who purchases or takes on hire or lease, or is a potential purchaser or hirer or lessee of, or borrows money for the purpose of purchasing, goods otherwise than for resale or letting on hire or leasing; or (b) a person who uses or is a potential user of, or borrows money for the purpose of using, any service rendered for fee or reward; or (c) a person who purchases or is the potential purchaser of, or borrows money for the purpose of purchasing, an estate or interest in any land or building otherwise than for resale, letting or leasing; or (d) a person who becomes a tenant or lessee of, or is a potential tenant or lessee of, any land or building or part of a building otherwise than for assignment or underletting. (2) However, a person who carries on a trade or business is not a consumer for the purposes of subsection (1) in respect of or in relation to — (a) goods purchased or taken on hire or lease by that person, or of which that person is a potential purchaser, hirer or lessee, in the course of or for the purpose of the carrying on of that trade or business; (b) a service used by that person, or of which the person is a potential user, in the course of or for the purpose of the carrying on of that trade or business; (c) an estate or interest in land or a building purchased by that person, or of which the person is a potential purchaser, in the course of or for the purpose of the carrying on of that trade or business; (d) any land or building or part of a building of which the person becomes the tenant or lessee, or is a potential tenant or lessee, in the course of or for the purpose of the carrying on of that trade or business. (3) A person who carries on an agricultural, apicultural, pastoral, horticultural, orcharding, viticultural or other farming undertaking does not carry on a trade or business for the purposes of subsection (2). 8. Term used: services (1) In this Act (other than Part 3 and the Australian Consumer Law (WA)) — services includes any rights (including rights in relation to, and interests in, real or personal property), benefits, privileges or facilities that are, or are to be, provided, granted or conferred in trade or commerce. (2) Without limiting the generality of subsection (1), the definition of services includes the rights, benefits, privileges and facilities that are, or are to be, provided, granted or conferred under — (a) a contract for or in relation to — (i) the performance of work (including work of a professional nature), whether with or without the supply of goods; or (ii) the provision of gas or electricity or the provision of any other form of energy; or (iii) the provision for reward of lodging or accommodation; or (iv) the provision, or making available for use, of facilities for amusement, entertainment, recreation or instruction; or (v) the conferring of rights, benefits or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction; or (b) a contract of insurance; or (c) a contract between a banker and a customer of the banker entered into in the course of the carrying on by the banker of the business of banking; or (d) a contract for or in relation to the lending of money. (3) The definition of services does not include rights or benefits being the supply of goods or the performance of work under a contract of service. (4) Legal services as defined in the Legal Profession Uniform Law (WA) section 6(1) are not services for the purposes of this section. [Section 8 amended: No. 9 of 2022 s. 424.] 9. Further provisions about interpretation (1) In this Act (other than Part 3 and the Australian Consumer Law (WA)), unless the contrary intention appears — (a) a reference to the supply or acquisition of goods includes a reference to agreeing to supply or acquire goods; and (b) a reference to the acquisition of goods includes a reference to the acquisition of property in, or rights in relation to, goods upon a supply of the goods; and (c) a reference to the supply or acquisition of services includes a reference to agreeing to supply or acquire services; and (d) a reference to the supply or acquisition of goods includes a reference to the supply or acquisition of goods together with other property or services, or both; and (e) a reference to the supply or acquisition of services includes a reference to the supply or acquisition of services together with goods or other property or other services; and (f) a reference to the disposal or acquisition of an interest in land includes a reference to the disposal or acquisition of such an interest together with goods or services; and (g) a reference to goods or services includes a reference to goods and services; and (h) a reference to the disposal or acquisition of an interest in land includes a reference to agreeing to dispose of or acquire such an interest, whether or not the agreement is in writing or evidenced by writing. (2) For the purposes of this Act (other than Part 3 and the Australian Consumer Law (WA)) — (a) the obtaining of credit by a person in connection with the acquisition of goods or services by the person is an acquisition by the person of services; and (b) any amount by which the price of the goods or services is increased because credit was obtained is the price of the services represented by the obtaining of credit. (3) In this Act (other than Part 3 and the Australian Consumer Law (WA)) — (a) a reference to engaging in conduct is to be read as a reference to doing or refusing to do any act, including — (i) the making of, or the giving effect to a provision of, a contract or arrangement; or (ii) the arriving at, or the giving effect to a provision of, an understanding; and (b) a reference to conduct, when that expression is used as a noun otherwise than as mentioned in paragraph (a), is to be read as a reference to the doing of or the refusing to do any act, including — (i) the making of, or the giving effect to a provision of, a contract or arrangement; or (ii) the arriving at, or the giving effect to a provision of, an understanding; and (c) a reference to refusing to do an act includes — (i) a reference to refraining (otherwise than inadvertently) from doing the act; and (ii) a reference to making it known that the act will not be done; and (d) a reference to a person offering to do an act, or to do an act on a particular condition, includes a reference to the person making known a willingness to accept applications, offers or proposals for the person to do the act or to do that act on the condition. (4) In this Act (other than Part 3 and the Australian Consumer Law (WA)) — (a) a reference to loss or damage, other than a reference to the amount of any loss or damage, includes a reference to injury; and (b) a reference to the amount of any loss or damage includes a reference to damages in respect of an injury. (5) In this Act (other than Part 3 and the Australian Consumer Law (WA)), a reference to the making of a representation includes a reference to the publishing of a statement. Division 2 — Application 10. Act binds Crown (1) This Act binds the Crown not only in right of Western Australia but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities. (2) This Act applies to and in respect of the Crown in any of its capacities to the same extent as if the Crown were, in that capacity, a body corporate. (3) Nothing in this Act makes the Crown in any capacity liable to be prosecuted for an offence. (4) The protection in subsection (3) does not apply to an authority of the Crown. (5) This section is subject to Part 3 Division 4. 11. Territorial application of Act (1) This Act applies to and in respect of an acquisition or supply or the proposed acquisition or supply of goods or services, or the disposal or proposed disposal of an interest in land — (a) if the person by or to whom the goods or services are or are proposed to be acquired or supplied signs in Western Australia a document relating to the acquisition or supply or the proposed acquisition or supply; or (b) if the person by or to whom the interest in land is or is proposed to be disposed of signs in Western Australia a document relating to the disposal or the proposed disposal of that interest; or (c) if that person does not so sign such a document, if the goods or services are or are proposed to be delivered or supplied, or that land is situated, in Western Australia. (2) Subsection (1) applies — (a) despite anything to the contrary in any other Act or law; but (b) except as otherwise expressly provided in or under this Act. (3) This Act applies to and in relation to — (a) persons carrying on business within this jurisdiction; or (b) bodies corporate incorporated or registered under the law of this jurisdiction; or (c) persons ordinarily resident in this jurisdiction; or (d) persons otherwise connected with this jurisdiction. (4) Subject to subsection (3), this Act extends to conduct, and other acts, matters and things, occurring or existing outside or partly outside this jurisdiction (whether within or outside Australia). (5) This Act applies to a contract in the following circumstances, despite the terms of the contract — (a) if the proper law of a contract for the supply of goods or services to a consumer would, but for a term that it should be the law of some other place or a term to the like effect, be the law of Western Australia; (b) if a contract for the supply of goods or services to a consumer contains a term that purports to substitute, or has the effect of substituting, provisions of the law of some other country or of another State or of a Territory for all or any of the provisions of this Act. (6) This section is subject to section 24. 12. Concurrent operation of laws of other jurisdictions not limited This Act is not intended to exclude or limit the concurrent operation of any law of the Commonwealth or of another State or a Territory. 13. No contracting out (1) This Act has effect despite any stipulation in any contract or agreement to the contrary. (2) If the making of a contract contravenes this Act because the contract includes a particular provision, nothing in this Act affects the validity or enforceability of the contract otherwise than in relation to that provision, so far as that provision is severable. (3) Subsection (2) is subject to subsection (1) and to any order made under section 105 or 106. 14. Relationship with other Acts and rules of law (1) This Act is to be read and construed as being in addition to, and not in derogation of or in substitution for, any other Act or rule of law for the time being in force in this State that relates to the duty or liability of persons with respect to goods or services supplied to a consumer. (2) Except as expressly provided by this Act, nothing in this Act is to be taken to limit, restrict or otherwise affect any right or remedy a person would have had if this Act had not been enacted. 15. Inconsistencies with other enactments (1) This section applies if a provision of the Australian Consumer Law (WA) Part 3‑3 or an applied regulation is inconsistent with — (a) a provision of an Act specified in Schedule 1; or (b) a provision of an instrument made under an Act so specified. (2A) In subsection (1) — applied regulation means a regulation that — (a) is referred to in section 19(1)(b); and (b) is applied by section 19(2)(a); and (c) has effect for the purposes of the Australian Consumer Law (WA) Part 3‑3. (2) If this section applies, the provision of the Act so specified, or of the instrument, prevails. [Section 15 amended: No. 11 of 2013 s. 4; No. 19 of 2016 s. 136.] Part 3 — The Australian Consumer Law Division 1 — Object and interpretation 16. Object of this Part The object of this Part is to apply (with modifications) the Australian Consumer Law set out in Schedule 2 to the Competition and Consumer Act 2010 (Commonwealth) as a law of Western Australia. 17. Terms used (1) In this Part, unless the contrary intention appears — amend includes replace; amending law means a Commonwealth Act that amends either or both of the following — (a) Schedule 2 to the Competition and Consumer Act 2010 (Commonwealth); (b) the regulations made under section 139G of that Act; application law means — (a) a law of a participating jurisdiction that applies the Australian Consumer Law, either with or without modifications, as a law of the participating jurisdiction; or (b) any regulations or other legislative instrument made under a law described in paragraph (a); or (c) the Australian Consumer Law, applying as a law of the participating jurisdiction, either with or without modifications; Australian Consumer Law means (according to the context) — (a) the Australian Consumer Law text; or (b) the Australian Consumer Law text, applying as a law of a participating jurisdiction, either with or without modifications; Australian Consumer Law text means the text described in section 18; Australian Consumer Law (WA) means the provisions applying in this jurisdiction because of section 19; instrument means any document whatever, including the following — (a) an Act or an instrument made under an Act; (b) a law of this jurisdiction or an instrument made under such a law; (c) an award or other industrial determination or order, or an industrial agreement; (d) any other order (whether executive, judicial or otherwise); (e) a notice, certificate or licence; (f) an agreement; (g) an application made, prosecution notice lodged, information or complaint laid, affidavit sworn, or warrant issued, for any purpose; (h) an indictment, presentment, summons or writ; (i) any other pleading in, or process issued in connection with, a legal or other proceeding; Intergovernmental Agreement means the Intergovernmental Agreement for the Australian Consumer Law made on 2 July 2009 between the Commonwealth, the State of New South Wales, the State of Victoria, the State of Queensland, the State of Western Australia, the State of South Australia, the State of Tasmania, the Australian Capital Territory and the Northern Territory of Australia, as in force for the time being; jurisdiction means a State or the Commonwealth; law, in relation to a Territory, means a law of, or in force in, that Territory; modifications includes additions, omissions and substitutions; participating jurisdiction means a jurisdiction that is a party to the Intergovernmental Agreement and applies the Australian Consumer Law as a law of the jurisdiction, either with or without modifications; State includes a Territory; Territory means the Australian Capital Territory or the Northern Territory of Australia; this jurisdiction means Western Australia. (2) Terms used in this Part and also in the Australian Consumer Law (WA) have the same meanings in this Part as they have in that Law. (3) For the purposes of this Part — (a) a jurisdiction is taken to have applied the Australian Consumer Law as a law of the jurisdiction if a law of the jurisdiction substantially corresponds to the provisions of the Australian Consumer Law text, as in force from time to time; and (b) the corresponding law is taken to be the Australian Consumer Law, or the Australian Consumer Law text, applying as a law of that jurisdiction. [Section 17 amended: No. 34 of 2022 s. 4.] Division 2 — Application of Australian Consumer Law 18. Australian Consumer Law text The Australian Consumer Law text consists of — (a) Schedule 2 to the Competition and Consumer Act 2010 (Commonwealth); and (b) the regulations made under section 139G of that Act. 19. Application of Australian Consumer Law text (1) For the purposes of this section, the Australian Consumer Law text consists of — (a) Schedule 2 to the Competition and Consumer Act 2010 (Commonwealth) as in force on 1 June 2021 and as amended by each provision that — (i) is in an amending law that has effect for the purposes of this section under section 19B; and (ii) has come into operation for the purposes of this section under section 19C; and (b) the regulations made under section 139G of that Act, as those regulations are in force from time to time, subject to subsection (1A). (1A) For the purposes of subsection (1)(b), a provision of an amending law does not amend regulations made under the Competition and Consumer Act 2010 (Commonwealth) section 139G unless — (a) the amending law has effect for the purposes of this section under section 19B; and (b) the provision has come into operation for the purposes of this section under section 19C. (2) The Australian Consumer Law text — (a) applies as a law of this jurisdiction; and (b) as so applying, may be referred to as the Australian Consumer Law (WA); and (c) in so far as it constitutes Schedule 2 to the Competition and Consumer Act 2010 (Commonwealth), is part of this Act; and (d) in so far as it constitutes regulations made under section 139G of the Competition and Consumer Act 2010 (Commonwealth), is subsidiary legislation for the purposes of this Act. (3) This section has effect subject to sections 21, 22, 23 and 116(3). [Section 19 amended: No. 11 of 2013 s. 5; No. 26 of 2019 s. 4; No. 34 of 2022 s. 5.] 19A. Tabling amending laws An amending law must be laid before each House of Parliament within 18 sitting days of the House after the day on which the law receives the Royal Assent. [Section 19A inserted: No. 34 of 2022 s. 6.] 19B. Disallowance of amending laws (1) In this section — disallowance period, in relation to a disallowance resolution notice of which is given in a House of Parliament, means the period of 30 sitting days of the House after the day on which the notice is given; disallowance resolution means a resolution that an amending law be disallowed; notice period, in relation to an amending law laid before a House of Parliament under section 19A, means the period of 14 sitting days of the House after the day on which the amending law is laid before it. (2) An amending law has effect for the purposes of section 19 if the amending law is laid before each House of Parliament under section 19A and either — (a) no notice of a disallowance resolution is given in either House within the notice period; or (b) at least 1 notice of a disallowance resolution is given in a House within the notice period and, for each such notice, 1 of the following applies — (i) the notice is withdrawn or discharged within the disallowance period; (ii) the disallowance resolution is lost in the House or not agreed to within the disallowance period. (3) For the purposes of this section and section 19A — (a) the period specified in section 19A, a notice period or a disallowance period continues to run even though a House of Parliament is prorogued or dissolved or expires; and (b) notice of a disallowance resolution given in a House of Parliament, or a motion that an amending law be disallowed in the House, does not lapse even though the House is prorogued or dissolved or expires. [Section 19B inserted: No. 34 of 2022 s. 6.] 19C. Commencement of amending laws (1) In this section — amending provision means a provision of an amending law that amends either or both of the following — (a) Schedule 2 to the Competition and Consumer Act 2010 (Commonwealth); (b) the regulations made under section 139G of that Act. (2) If, under section 19B(2), an amending law has effect for the purposes of section 19, the Governor must declare that fact by proclamation as soon as practicable. (3) If an amending provision has come into operation in the Commonwealth before the proclamation is published in the Gazette, the amending provision comes into operation for the purposes of section 19 on a day fixed by the proclamation. (4) If an amending provision has not come into operation in the Commonwealth before the proclamation is published in the Gazette, the amending provision comes into operation for the purposes of section 19 when the amending provision comes into operation in the Commonwealth in accordance with the amending law. [Section 19C inserted: No. 34 of 2022 s. 6.] 19D. Amending laws enacted after 1 June 2021 but before commencement day If an amending law receives the Royal Assent after 1 June 2021 but before the day (commencement day) on which the Fair Trading Amendment Act 2022 section 6 comes into operation, sections 19A to 19C apply to the amending law as if the amending law received the Royal Assent on commencement day. [Section 19D inserted: No. 34 of 2022 s. 6.] 19E. Tabling of amending law taken to be publication for Standing Orders (1) In this section — parliamentary committee means a committee established by either or both of the Houses of Parliament. (2) If a Standing Order of a House of Parliament provides that on the publication of an instrument under a written law the instrument is referred to a parliamentary committee for consideration, the laying of an amending law before the House under section 19A is taken to be publication of the amending law for the purposes of the Standing Order. (3) This section does not apply if the Standing Orders of the House provide specifically for an amending law to be considered by a parliamentary committee. [Section 19E inserted: No. 34 of 2022 s. 6.] [20. Deleted: No. 11 of 2013 s. 6.] 21. Certain instruments to be published, and may be disallowed by Parliament (1) This section applies to the following instruments — (a) regulations made under the Competition and Consumer Act 2010 (Commonwealth) section 139G; (b) a determination under the Australian Consumer Law (WA) section 66(1) (display notices); (c) a notice under the Australian Consumer Law (WA) section 104(1) or 105(1) (safety standards); (d) a notice under the Australian Consumer Law (WA) section 114(1) or (2) (permanent bans); (e) a notice under the Australian Consumer Law (WA) section 117 (revocation of permanent bans); (f) a notice under the Australian Consumer Law (WA) section 122(1) (recall notices) by a responsible Minister of this jurisdiction; (g) a notice under the Australian Consumer Law (WA) section 134(1) or 135(1) (information standards). (2) Where an instrument to which this section applies is made, a copy of the instrument must be published in the Gazette not later than 28 days after the instrument is made. (3) If a copy of an instrument is not published in the Gazette in accordance with subsection (2) — (a) the instrument ceases to have effect in this jurisdiction on the expiry of the 28th day after the instrument is made, but without affecting the validity or curing the invalidity of anything done or of the omission of anything in the meantime; but (b) if a copy of the instrument is subsequently published in the Gazette, the instrument again has effect on and from the day after the day of publication of a copy of the instrument. (4) Where a copy of an instrument to which this section applies is published in the Gazette, the Interpretation Act 1984 section 42 applies to that instrument as if it were a regulation published in the Gazette. 22. Term used in ACL (WA): regulator In the Australian Consumer Law (WA) — regulator means the Commissioner (as defined in section 6). 23. ACL (WA), interpretation of (1) The Acts Interpretation Act 1901 (Commonwealth) applies as a law of this jurisdiction to the Australian Consumer Law (WA). (2) For the purposes of subsection (1), the Commonwealth Act mentioned in that subsection applies as if — (a) the statutory provisions in the Australian Consumer Law (WA) were a Commonwealth Act; and (b) the regulations in the Australian Consumer Law (WA) or instruments under that Law were regulations or instruments under a Commonwealth Act. (3) The Interpretation Act 1984 of Western Australia does not apply to — (a) the Australian Consumer Law (WA); or (b) any instrument under that Law. (4) Subsection (3) is subject to section 21. 24. ACL (WA), application of (1) The Australian Consumer Law (WA) applies to and in relation to — (a) persons carrying on business within this jurisdiction; or (b) bodies corporate incorporated or registered under the law of this jurisdiction; or (c) persons ordinarily resident in this jurisdiction; or (d) persons otherwise connected with this jurisdiction. (2) Subject to subsection (1), the Australian Consumer Law (WA) extends to conduct, and other acts, matters and things, occurring or existing outside or partly outside this jurisdiction (whether within or outside Australia). Division 3 — References to Australian Consumer Law 25. References to Australian Consumer Law (1) A reference in any instrument to the Australian Consumer Law is a reference to the Australian Consumer Law of any or all of the participating jurisdictions. (2) Subsection (1) has effect except so far as the contrary intention appears in the instrument or the context of the reference otherwise requires. 26. References to Australian Consumer Law of other jurisdictions (1) This section has effect for the purposes of an Act, a law of this jurisdiction or an instrument under an Act or such a law. (2) If a law of a participating jurisdiction other than this jurisdiction provides that the Australian Consumer Law text as in force for the time being applies as a law of that jurisdiction, the Australian Consumer Law of that jurisdiction is the Australian Consumer Law text, applying as a law of that jurisdiction. Division 4 — Application of Australian Consumer Law to Crown 27. Division does not apply to Commonwealth In this Division — participating jurisdiction or other jurisdiction does not include the Commonwealth. 28. Application law of this jurisdiction binds Crown The application law of this jurisdiction binds (so far as the legislative power of Parliament permits) the Crown in right of this jurisdiction and of each other jurisdiction, so far as the Crown carries on a business, either directly or by an authority of the jurisdiction concerned. 29. Application law of other jurisdictions binds Crown (1) The application law of each participating jurisdiction other than this jurisdiction binds the Crown in right of this jurisdiction, so far as the Crown carries on a business, either directly or by an authority of this jurisdiction. (2) If, because of this Part, a provision of the law of another participating jurisdiction binds the Crown in right of this jurisdiction, the Crown in that right is subject to that provision despite any prerogative right or privilege. 30. Crown not liable to pecuniary penalty or prosecution (1) Nothing in the application law of this jurisdiction makes the Crown in any capacity liable to a pecuniary penalty or to be prosecuted for an offence. (2) Without limiting subsection (1), nothing in the application law of a participating jurisdiction makes the Crown in right of this jurisdiction liable to a pecuniary penalty or to be prosecuted for an offence. (3) The protection in subsection (1) or (2) does not apply to an authority of any jurisdiction. Division 5 — Miscellaneous 31. No doubling‑up of criminal liabilities (1) For the purposes of this section, a person is convicted of an offence if a court finds the person guilty of the offence, or accepts a plea of guilty of the offence, whether or not a conviction is recorded. (2) If — (a) an act or omission is an offence against the Australian Consumer Law (WA) and is also an offence against the application law of another participating jurisdiction; and (b) the offender has been acquitted or convicted of the offence with which the offender is charged, or has already been convicted or acquitted of an offence of which the offender might be convicted upon the indictment or prosecution notice on which the offender has been charged, under the application law of the other participating jurisdiction, the offender is not liable to be prosecuted or punished for the offence against the Australian Consumer Law (WA). (3) Nothing in subsection (2) prevents the Commissioner from making or issuing a statement under section 57. (4) If a person has been ordered to pay a pecuniary penalty under the application law of another participating jurisdiction, the person is not liable to a pecuniary penalty under the Australian Consumer Law (WA) in respect of the same conduct. 32. Offences against ACL (WA) are crimes (1) A reference in this section to a person involved in the commission of an offence against the Australian Consumer Law (WA) is to be read as a reference to a person who — (a) has aided, abetted, counselled or procured the commission of the offence; or (b) has induced, whether by threats or promises or otherwise, the commission of the offence; or (c) has been in