{"id":"fair-trading-advisory-committees-regulations-2011","name":"Fair Trading (Advisory Committees) Regulations 2011","slug":"fair-trading-advisory-committees-regulations-2011","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176630,"registerId":"wa-fair-trading-advisory-committees-regulations-2011-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Trading (Advisory Committees) Regulations 2011","content":"![Crest]()Western Australia\n\nFair Trading Act 2010\n\nFair Trading (Advisory Committees) Regulations 2011\n\nWestern Australia\n\nFair Trading (Advisory Committees) Regulations 2011\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4. Members of Property Industry Advisory Committee (Act s. 63B(1)(b)) 1\n\n5. Appointments to advisory committees 2\n\n6. Term of office of advisory committee members 2\n\n7. Vacation of office of advisory committee members 2\n\n8. Remuneration for advisory committee members 3\n\nNotes\n\nCompilation table 4\n\n  \n\nWestern Australia\n\nFair Trading Act 2010\n\nFair Trading (Advisory Committees) Regulations 2011\n\n##### 1. Citation\n\n\t\tThese regulations are the *Fair Trading (Advisory Committees) Regulations 2011*.\n\n##### 2. Commencement\n\nThese regulations come into operation as follows —\n\n(a) regulations 1 and 2 — on the day on which these regulations are published in the *Gazette*;\n\n(b) the rest of the regulations — on 1 July 2011.\n\n##### 3. Terms used\n\nIn these regulations —\n\nadvisory committee means a committee established by Part 5 Division 3 of the Act;\n\nmember, in relation to an advisory committee, means a member of the committee other than the Commissioner ex officio.\n\n##### 4. Members of Property Industry Advisory Committee (Act s. 63B(1)(b))\n\nFor the purposes of section 63B(1)(b) of the Act, the number of members of the Property Industry Advisory Committee (not including the Commissioner ex officio) is 9.\n\n##### 5. Appointments to advisory committees\n\nThe Minister may appoint a person as a member of an advisory committee if the Minister is satisfied that the person —\n\n(a) has knowledge, experience or qualifications relevant to the functions of that advisory committee; or\n\n(b) is a representative of an interest group, industry or occupation that is relevant to the functions of the advisory committee.\n\n##### 6. Term of office of advisory committee members\n\n(1) A member of an advisory committee holds office for the period, not exceeding 3 years, that is specified in the instrument of his or her appointment.\n\n(2) A member of an advisory committee is eligible for reappointment.\n\n##### 7. Vacation of office of advisory committee members\n\n(1) A member of an advisory committee may resign by written notice given to the Minister.\n\n(2) The Minister may, by written notice given to a member of an advisory committee, terminate the appointment of the member —\n\n(a) if the member has been absent, without leave or reasonable excuse, from 3 consecutive meetings of which the member has had notice; or\n\n(b) for —\n\n(i) physical or mental inability to perform satisfactorily the duties of the office, otherwise than because of temporary illness; or\n\n(ii) misconduct; or\n\n(iii) incompetence; or\n\n(iv) neglect of duty;\n\nor\n\n(c) in the case of a member appointed under regulation 5(a) — if the member ceases to hold the qualifications by virtue of which the member was appointed to the committee; or\n\n(d) in the case of a member appointed under regulation 5(b) — if the Minister is no longer satisfied that the member is a representative, or an appropriate representative, of the relevant interest group, industry or occupation.\n\n##### 8. Remuneration for advisory committee members\n\nEach member of an advisory committee is to be paid the remuneration (if any) that the Minister, on the recommendation of the Public Sector Commissioner, determines in the case of that member.\n\nNotes\n\n1 This is a compilation of the *Fair Trading (Advisory Committees) Regulations 2011.* The following table contains information about those regulations.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Fair Trading (Advisory Committees) Regulations 2011* | 30 Jun 2011 p. 2635-9 | r. 1 and 2: 30 Jun 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2011 (see r. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nadvisory committee 3\n\nmember 3\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"These regulations do not expand or narrow the statutory authority of advisory committees under the Fair Trading Act. They prescribe operational details — member numbers for the Property Industry Advisory Committee, appointment criteria, terms (up to 3 years), resignation and termination grounds, and how remuneration is determined — thereby implementing the Act’s delegation rather than altering its substantive scope."},"complexity_factors":["Short, focused instrument with few sections and limited subject matter (membership, appointment, term, removal, pay).","Cross-reference to the Fair Trading Act (s.63B) for committee establishment raises dependency on the parent Act.","Significant ministerial discretion (appointment, satisfaction about representation, termination) which requires administrative judgment (regs 5 and 7).","Use of qualitative standards and undefined phrases — e.g. “representative”, “reasonable excuse”, “misconduct”, “incompetence” — that need interpretation in practice.","Inter-agency process for remuneration (Minister acts on Public Sector Commissioner’s recommendation) creates an extra administrative step (reg 8).","Fixed numeric rule for one committee (Property Industry Advisory Committee = 9) simplifies composition but is prescriptive (reg 4)."],"plain_english_summary":"These regulations set how advisory committees under the Fair Trading Act are formed and run. They fix the Property Industry Advisory Committee at nine appointed members and allow the Minister to appoint people with relevant expertise or who represent relevant groups (regs 4–5).\n\nMembers serve up to three years (reappointment allowed), may resign, and may be removed for absence, incapacity, misconduct or loss of representative status; remuneration is set by the Minister on the Public Sector Commissioner’s recommendation (regs 6–8)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No determination can be made about whether the regulations drifted from their original intent."},"complexity_factors":["No substantive legal text was retrievable — the source page returned a 'no longer available' error","Analysis cannot proceed beyond the title and jurisdictional context","Complexity cannot be meaningfully assessed without access to the actual provisions"],"plain_english_summary":"The Fair Trading (Advisory Committees) Regulations 2011 is a Western Australian regulation, made in 2011, that—by its title—sets out rules for advisory committees operating in the Fair Trading/consumer-protection context (likely under the Fair Trading Act 2010). Its content is currently unavailable online; it would primarily affect businesses, consumers and government bodies involved in WA fair‑trading processes."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose of establishing procedural rules for advisory committees under the Fair Trading Act 2010. The scope has not expanded beyond administrative matters related to committee membership."},"complexity_factors":["Only 2 defined terms in the interpretation section (regulation 3)","Straightforward procedural rules without nested conditions","No cross-references to other legislation beyond the parent Act (Fair Trading Act 2010)","Simple structure: 8 regulations covering discrete topics (citation, commencement, definitions, membership numbers, appointment criteria, terms, removal, remuneration)","Limited conditional logic — primarily simple 'if/then' statements in regulations 5 and 7","Short length (approximately 3 pages of substantive content)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set up the rules for how advisory committees work under Western Australia's Fair Trading Act 2010. Specifically, they deal with who can be appointed to these committees, how long they serve, when they can be removed, and whether they get paid.\n\n**Key points:**\n\n*   **The Property Industry Advisory Committee** gets exactly 9 members (plus the Commissioner who sits on it automatically by virtue of their job — that's what \"ex officio\" means).\n*   **Who can be appointed:** The Minister can appoint people who either have relevant expertise (knowledge, experience or qualifications) OR represent an industry group or occupation that matters to the committee's work.\n*   **How long they serve:** Members serve up to 3 years at a time but can be reappointed.\n*   **How they leave:** Members can resign, or the Minister can sack them for things like missing 3 meetings in a row without a good excuse, misconduct, incompetence, or if they no longer represent the group they were supposed to represent.\n*   **Getting paid:** Members may receive payment, but the Minister decides how much (based on advice from the Public Sector Commissioner).\n\n**Who it affects:**\n\nPeople appointed to advisory committees under the Fair Trading Act, particularly those involved in the property industry. It also affects the Minister who makes these appointments and the Commissioner who sits on committees automatically.\n\n**Why it matters:**\n\nThese rules ensure advisory committees have qualified, representative members who are accountable for their work. The regulations create transparency around appointments and provide clear grounds for removing members who aren't performing, which helps maintain public confidence in the advice given to government about fair trading matters."}},"importantCases":[],"_links":{"self":"/api/acts/fair-trading-advisory-committees-regulations-2011","history":"/api/acts/fair-trading-advisory-committees-regulations-2011/history","analysis":"/api/acts/fair-trading-advisory-committees-regulations-2011/analysis","conflicts":"/api/acts/fair-trading-advisory-committees-regulations-2011/conflicts","importantCases":"/api/acts/fair-trading-advisory-committees-regulations-2011/important-cases","documents":"/api/acts/fair-trading-advisory-committees-regulations-2011/documents"}}