{"id":"fair-trading-health-and-fitness-industry-code-regulations-2022","name":"Fair Trading (Health and Fitness Industry Code) Regulations 2022","slug":"fair-trading-health-and-fitness-industry-code-regulations-2022","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235478,"registerId":"sa-fair-trading-health-and-fitness-industry-code-regulations-2022-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Trading (Health and Fitness Industry Code) Regulations 2022","content":"South Australia\nFair Trading (Health and Fitness Industry Code) Regulations 2022\nunder the Fair Trading Act 1987\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tPrescription of code\n5\tContravention of code subject to civil penalty\nSchedule 1—Health and Fitness Industry Code\n1\tCitation\n2\tInterpretation\n3\tApplication\n4\tMembership agreements\n5\tFixed term agreement\n6\tPeriodic agreement\n7\tTrader not to renegotiate if fixed term agreement has more than 3 months remaining\n8\tTrader not to offer incentives or exert undue pressure on consumer to enter into periodic agreement with initial fixed period\n9\tTrader not to accept periodic payment more than 12 months in advance\n10\tTrader to give copy of agreement to consumer\n11\tTrader to give consumer notice of end of initial fixed period in periodic agreement\nSchedule 2—Transitional provisions\n1\tTransitional provision relating to membership agreements entered into before 1 September 2022\nSchedule 3—Repeal of Fair Trading (Health and Fitness Industry Code) Regulations 2007\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Fair Trading (Health and Fitness Industry Code) Regulations 2022.\n2—Commencement\nThese regulations come into operation on 1 September 2022.\n3—Interpretation\nIn these regulations—\nAct means the Fair Trading Act 1987;\ncivil penalty contravention has the same meaning as in Part 7 Division 3A of the Act;\ncode means the Health and Fitness Industry Code 2022 set out in Schedule 1.\n4—Prescription of code\n\t(1)\tThe code is prescribed as an industry code for the purposes of Part 3A of the Act.\n\t(2)\tThe Commissioner for Consumer Affairs is responsible for the administration of the code.\nNote—\nUnder Schedule 1 clause 37(2) of the Small Business Commissioner Act 2011, the code is taken to have been prescribed as an industry code.\n5—Contravention of code subject to civil penalty\n\t(1)\tA contravention of section 28E of the Act constituted of a contravention of the code is to be subject to a civil penalty under Part 7 Division 3A of the Act.\n\t(2)\tThe expiation fee for an alleged civil penalty contravention involving an alleged contravention or attempted contravention of the code (other than an alleged contravention or attempted contravention of clause 10 of the code) is $500.\nSchedule 1—Health and Fitness Industry Code\n1—Citation\nThis code may be cited as the Health and Fitness Industry Code 2022.\n2—Interpretation\nIn this code—\naerobic fitness programme includes aerobic exercise, aquarobics and cardio‑vascular training;\nfixed term agreement means a membership agreement that—\n\t(a)\tprovides for the supply of prescribed goods or services to a consumer for a fixed term; and\n\t(b)\tdoes not continue after the end of the fixed term;\nindividualised exercise programme includes information or advice given to a consumer (whether orally or in writing) with respect to a new or existing exercise programme;\ninitial fixed period, in relation to a periodic agreement, means a fixed period for which the consumer is entitled to the supply of prescribed goods or services under the agreement, being a period that commences when the agreement takes effect;\nmembership agreement means an agreement entered into between a trader and a consumer for the supply of prescribed goods or prescribed services but does not include an agreement under which payments by the consumer for such goods or services are required to be made only at the time of visits by the consumer when the goods or services are supplied by the trader;\nperiodic agreement means a membership agreement that—\n\t(a)\tprovides for the supply of prescribed goods or services to a consumer on an ongoing basis; and\n\t(b)\tends only if and when it is terminated by the consumer or the trader,\nand includes any such agreement that has an initial fixed period;\npre‑exercise evaluations includes screening, testing, and the collection of information, by the trader for the purpose of providing advice or making recommendations to the consumer with respect to the consumer’s fitness training;\nprescribed goods means goods referred to in clause 3(1);\nprescribed service means a service referred to in clause 3(1);\nsporting club means a sporting club or organisation that is not established for the purpose of securing pecuniary profit for its members;\nsupervised fitness programme includes advice given during an individualised exercise programme (whether to an individual or a group of persons) and includes circuit workouts;\nsupply period means the period for which a consumer is entitled to receive goods or services under a periodic agreement but does not include any initial fixed period of the agreement;\nvisit means a visit by a consumer, for the purpose of obtaining prescribed goods or prescribed services, to premises occupied by the trader at which such goods or services are supplied.\n3—Application\n\t(1)\tSubject to subclause (2), this code applies to a trader who supplies or offers to supply any 1 or more of the following goods or services:\n\t(a)\tthe use of fitness equipment at premises occupied by the trader;\n\t(b)\ta physical fitness programme that is to be undertaken at premises occupied by the trader and includes any 1 or more of the following services:\n\t(i)\tpre‑exercise evaluations;\n\t(ii)\tindividualised exercise programmes;\n\t(iii)\tsupervised fitness programmes;\n\t(iv)\taerobic fitness programmes;\n\t(c)\tthe use of fitness facilities at premises occupied by the trader.\n\t(2)\tThis code does not apply to—\n\t(a)\ta sporting club; or\n\t(b)\ta person engaged in the business of providing only the use of a spa or sauna bath, solarium, swimming pool or other similar facility; or\n\t(c)\ta person engaged in the business of providing only instruction in martial arts; or\n\t(d)\ta medical practitioner in the practice of medicine; or\n\t(e)\ta physiotherapist in the practice of physiotherapy.\n4—Membership agreements\n\t(1)\tA trader must not be a party to a membership agreement with a consumer unless the agreement complies with this code.\n\t(2)\tA membership agreement—\n\t(a)\tmust be in writing and be signed by the consumer; and\n\t(b)\tmust set out—\n\t(i)\tthe full name and address of the trader; and\n\t(ii)\tparticulars of the prescribed goods or prescribed services to be supplied under the agreement.\n\t(3)\tA membership agreement must be—\n\t(a)\ta fixed term agreement that complies with clause 5; or\n\t(b)\ta periodic agreement that complies with clause 6.\n\t(4)\tA periodic agreement may include an initial fixed period not exceeding 12 months.\n\t(5)\tIf a trader offers consumers periodic agreements that include an initial fixed period—\n\t(a)\tthe trader must also offer consumers fixed term agreements; and\n\t(b)\tthe trader must, before entering into a membership agreement with a consumer, ensure that—\n\t(i)\tthe consumer has been informed in writing of the different types of membership agreements offered by the trader; and\n\t(ii)\tthe consumer has acknowledged that they have been so informed.\n5—Fixed term agreement\nA fixed term agreement—\n\t(a)\tmust clearly state in a prominent position at the beginning of the document that the agreement—\n\t(i)\tprovides for the supply of prescribed goods or services to the consumer for a fixed term; and\n\t(ii)\twill not continue after the end of the fixed term; and\n\t(b)\tmust provide for the supply of prescribed goods or prescribed services to the consumer for a fixed term not exceeding 12 months; and\n\t(c)\tmust not provide for the supply of prescribed goods or prescribed services to the consumer at a time later than 12 months from the execution of the agreement; and\n\t(d)\tmust specify the total amount payable by the consumer under the agreement, including any joining fee; and\n\t(e)\tmust, if any amount is to be paid by instalment, specify the consequences of failure to make a payment; and\n\t(f)\tmust, if the consumer is to be entitled to a refund or release from the obligation to make further payments on early termination of the agreement, specify—\n\t(i)\tthe action that must be taken by the consumer to terminate the agreement before the end of the fixed term; and\n\t(ii)\tthe amount, or the basis for calculating the amount, to which the consumer is to be entitled, or from which the consumer is released from the obligation to pay, on such early termination; and\n\t(g)\tmust clearly warn the consumer to cancel any direct debit authorisation for payments under the agreement at the end of the fixed term or on earlier termination of the agreement.\n6—Periodic agreement\nA periodic agreement—\n\t(a)\tmust clearly state in a prominent position at the beginning of the document that the agreement—\n\t(i)\tprovides for the supply of prescribed goods or services to a consumer on an ongoing basis; and\n\t(ii)\tends only if and when it is terminated by the consumer or the trader; and\n\t(b)\tif the agreement includes an initial fixed period—\n\t(i)\tmust specify the date on which the initial fixed period commences and ends; and\n\t(ii)\tmust specify the total amount payable by the consumer under the agreement for membership during the initial fixed period; and\n\t(iii)\tmust, if any amount is to be paid by instalment in respect of the initial fixed period, specify the consequences of failure to make a payment; and\n\t(iv)\tif the consumer is to be entitled to a refund or release from the obligation to make further payments on termination of the agreement before the end of the initial fixed period, specify—\n\t(A)\tthe action that must be taken by the consumer to terminate the agreement before the end of the initial fixed period; and\n\t(B)\tthe amount, or the basis for calculating the amount, to which the consumer is to be entitled, or from which the consumer is released from the obligation to pay, on such early termination; and\n\t(C)\tmust clearly warn the consumer to cancel any direct debit authorisation for payments under the agreement on termination of the agreement before the end of the initial fixed period; and\n\t(c)\tmust, in respect of the supply of prescribed goods or prescribed services for a period other than an initial fixed period—\n\t(i)\tprovide for periodic payments; and\n\t(ii)\tspecify the period for which the consumer is entitled to receive goods or services for each payment; and\n\t(iii)\tclearly identify that period as the supply period for the purposes of the agreement;\n\t(d)\tmust not specify a supply period that exceeds 3 months; and\n\t(e)\tmust specify the amount of each periodic payment; and\n\t(f)\tmust specify any joining fee and any other amount payable under the agreement; and\n\t(g)\tmust set out the method by which the trader will inform the consumer of any increase in future periodic payments and the amount of notice of an increase that will be given (which must be at least 2 weeks); and\n\t(h)\tmust—\n\t(i)\tprovide that, if the consumer gives the trader written notice of termination of the agreement during a supply period, the agreement is terminated with effect for the supply period that next commences 2 weeks or later after the date of the notice and subsequent supply periods; or\n\t(ii)\tallow the consumer to terminate the agreement by written notice to the trader with earlier effect (in which case, the agreement must specify whether or not the consumer is entitled to a refund for the remainder of the current supply period or for a supply period commencing less than 2 weeks after the date of the notice and, if the consumer is entitled to a refund, the amount or the method for calculating the amount of the refund); and\n\t(i)\tmust not impose any financial penalty for termination of the agreement by the consumer (other than termination during an initial fixed period); and\n\t(j)\tmust provide that, on termination of the agreement by the consumer in circumstances in which the consumer has paid in advance for future supply periods (in respect of which the agreement is terminated), the consumer is entitled to a refund of the amount paid in advance; and\n\t(k)\tmust clearly warn the consumer to cancel any direct debit authorisation for payments under the agreement on termination of the agreement.\n7—Trader not to renegotiate if fixed term agreement has more than 3 months remaining\nA trader who is party to a fixed term agreement with a fixed term of more than 3 months must not—\n\t(a)\textend or offer to extend the fixed term; or\n\t(b)\toffer to supply prescribed goods or prescribed services for a further period commencing on or after the end of the fixed term,\nunless the fixed term has less than 3 months remaining.\n8—Trader not to offer incentives or exert undue pressure on consumer to enter into periodic agreement with initial fixed period\nA trader may offer a consumer incentives to enter into a membership agreement but must not—\n\t(a)\toffer a consumer any incentive; or\n\t(b)\texert undue pressure on a consumer,\nto enter into a periodic agreement with an initial fixed period rather than a fixed term agreement.\n9—Trader not to accept periodic payment more than 12 months in advance\nA trader who is a party to a periodic agreement must not accept payment for a supply period more than 12 months in advance of the commencement of the supply period.\n10—Trader to give copy of agreement to consumer\nA trader who enters into a membership agreement with a consumer must, as soon as practicable after the consumer signs the agreement, provide the consumer with a copy of the agreement.\n11—Trader to give consumer notice of end of initial fixed period in periodic agreement\nA trader who is a party to a periodic agreement that includes an initial fixed period must, 1 month before the initial fixed period ends, give the consumer written notice of the expiry of the initial fixed period setting out the consumer's rights to cancel the agreement.\nSchedule 2—Transitional provisions\n1—Transitional provision relating to membership agreements entered into before 1 September 2022\nDespite Schedule 3, the Health and Fitness Industry Code 2007 prescribed by the Fair Trading (Health and Fitness Industry Code) Regulations 2007, as in force immediately before the commencement of these regulations, continues to apply to a membership agreement entered into before that commencement until the agreement expires or is terminated in accordance with that Code.\nSchedule 3—Repeal of Fair Trading (Health and Fitness Industry Code) Regulations 2007\nThe Fair Trading (Health and Fitness Industry Code) Regulations 2007 are repealed.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2022\n66\nGazette 18.8.2022 p2570 \n1.9.2022: r 2\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not retrievable. No comparison between original intent and final form is possible from the information provided."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","The website migration on 24 March 2026 rendered the original hyperlink invalid","Complexity cannot be meaningfully assessed without access to the actual regulatory content","Score of 1 reflects absence of analysable material, not simplicity of the underlying law"],"plain_english_summary":"The Fair Trading (Health and Fitness Industry Code) Regulations 2022 (SA) could not be retrieved due to a broken link after the SA legislation website update (24 March 2026). From the title it would set a binding code for gyms, studios and fitness professionals—covering membership contracts, cooling‑off, cancellations, fees and refunds—and so matters to both customers and businesses. Check the SA legislation site or contact Consumer and Business Services/OPC for the text."},"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":4,"scope_assessment":{"changed":false,"description":"The legislation maintains the same scope as its predecessor (the 2007 Regulations which it replaces). It continues to regulate membership agreements in the health and fitness industry with the same exclusions (sporting clubs, medical practitioners, etc.). While the specific protections have been updated and strengthened (e.g., clearer termination rights, restrictions on advance payments), the fundamental scope—regulating gym/fitness centre consumer contracts—remains consistent with the original intent."},"complexity_factors":["12 defined terms in Schedule 1 alone, including nested definitions (e.g., 'periodic agreement' includes 'initial fixed period', which is separately defined)","Two distinct agreement structures (fixed term vs periodic) with overlapping but different compliance requirements, creating conditional logic throughout clauses 5 and 6","Multiple cross-references between clauses (e.g., clause 4(3) references clauses 5 and 6; clause 5 and 6 have mirror but not identical structures)","Temporal calculations required (3 months remaining, 12 months in advance, 2 weeks notice, 1 month warning) that interact with different agreement phases","Exception structure in clause 3(2) excluding 5 specific categories of providers from the code's application","Nested subclauses in clause 6(b)(iv)(C) reaching four levels of indentation with conditional refund logic","Transitional provision preserving old code for pre-existing agreements, creating parallel regulatory regimes temporarily"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations create a **mandatory code of conduct** for gyms, fitness centres, and similar businesses in South Australia. The code sets strict rules about how fitness businesses can sell memberships to consumers, aiming to stop unfair practices like locking people into long contracts they can't escape, pressuring them into expensive deals, or taking money without clear consent.\n\n**Who it affects:**\n\n- **Fitness businesses** (\"traders\"): Any business offering gym equipment, fitness programmes, or fitness facilities—except sporting clubs, standalone spas/pools, martial arts-only instructors, doctors, and physiotherapists.\n- **Consumers**: Anyone signing up for a gym membership in South Australia.\n\n**Key protections for consumers:**\n\n- **Two types of agreements only**: Businesses must offer either:\n  - **Fixed term agreements**: Maximum 12 months, automatically ends (no rollover), with clear warnings to cancel direct debits.\n  - **Periodic agreements**: Ongoing but with maximum 3-month payment periods, easy termination with 2 weeks' notice, and no exit fees (except during any initial fixed period).\n\n- **No sneaky renewals**: Gyms can't try to extend your contract or sell you a new one until you're within 3 months of your current fixed term ending.\n\n- **No pressure tactics**: Businesses can't offer special deals or use high-pressure sales to push you into ongoing contracts with lock-in periods instead of simple fixed-term deals.\n\n- **Payment limits**: No paying more than 12 months in advance; businesses must give you a copy of your signed contract immediately.\n\n- **Warning before lock-in ends**: If you have a contract with an initial fixed period, the gym must warn you one month before it ends so you know your cancellation rights.\n\n**Why it matters:**\n\nThis code tackles the classic gym industry problems: confusing contracts that auto-renew forever, difficulty cancelling, and aggressive sales tactics. It forces transparency and gives consumers real exit rights. Breaking these rules can cost businesses a **$500 fine** (and potentially more serious civil penalties under the Fair Trading Act)."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The instrument expressly repeals the 2007 Regulations and prescribes the Health and Fitness Industry Code 2022 as the operative industry code, so scope has changed in form (a new Code replaces the old) and may change in substance for future agreements. Transitional provisions preserve application of the 2007 Code to membership agreements entered before 1 September 2022 (Schedule 2–3). The 2022 Code applies to traders supplying specified fitness goods/services and excludes listed classes (Schedule 1, cl 3)."},"complexity_factors":["Multiple defined agreement types and terms (fixed term, periodic, initial fixed period, supply period) that determine different obligations (Schedule 1, cl 2, cl 4–6).","Detailed contractual content requirements (information, payment, refund and termination mechanics) that traders must include in writing (Schedule 1, cl 4(2), cl 5, cl 6).","Operational limits on trader behaviour affecting sales and contract timing (renegotiation restriction, incentives ban, advance payment cap) which affect marketing and cashflow practices (Schedule 1, cl 7–9).","Consumer protection timing rules (notice of end of initial fixed period; copy of agreement) imposing administrative tasks on traders (Schedule 1, cl 10–11).","Civil penalty regime and expiation fee for contraventions tied to the Fair Trading Act, creating legal/compliance risk and a modest fixed enforcement fee ($500 for most alleged contraventions) (regs 4–5).","Administrative responsibility allocated to the Commissioner for Consumer Affairs for code administration, concentrating enforcement discretion (reg 4(2)).","Transitional arrangement preserving application of the 2007 Code to pre‑commencement agreements and express repeal of the 2007 Regulations, which requires record‑keeping and transitional compliance awareness (Schedule 2–3).","Exclusions from the code (sporting clubs, certain facility‑only providers, martial arts instructors, medical practitioners, physiotherapists) that create scope boundaries and potential classification issues for traders (Schedule 1, cl 3(2))."],"plain_english_summary":"These regulations replace the previous Health and Fitness Industry Code and prescribe a new, mandatory code for written gym and fitness membership contracts in South Australia. They set rules on fixed‑term and ongoing (periodic) memberships, payment timing, refunds, notice and sales conduct, and make breaches civilly punishable. The Commissioner for Consumer Affairs administers the code; most alleged breaches attract a $500 expiation fee."}},"importantCases":[],"_links":{"self":"/api/acts/fair-trading-health-and-fitness-industry-code-regulations-2022","history":"/api/acts/fair-trading-health-and-fitness-industry-code-regulations-2022/history","analysis":"/api/acts/fair-trading-health-and-fitness-industry-code-regulations-2022/analysis","conflicts":"/api/acts/fair-trading-health-and-fitness-industry-code-regulations-2022/conflicts","importantCases":"/api/acts/fair-trading-health-and-fitness-industry-code-regulations-2022/important-cases","documents":"/api/acts/fair-trading-health-and-fitness-industry-code-regulations-2022/documents"}}