{"id":"nsw:act-2018-065","name":"Fair Trading Legislation Amendment (Reform) Act 2018","slug":"fair-trading-legislation-amendment-reform-act-2018","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"65 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":29222,"registerId":"nsw-act-2018-065-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Fair Trading Legislation Amendment (Reform) Act 2018](/view/html/inforce/current/act-2018-065).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> > (1) This Act commences on the date of assent to this Act, except as provided by this section.\n> \n> > (2) Schedules 1–5, 8 and 11 (other than Schedules 2.13, 4.1 and 4.2\\[2\\]) commence on 1 July 2020 or on an earlier day or days to be appointed by proclamation.\n> \n> > (3) Schedules 2.13, 4.1 and 4.2\\[2\\] commence on a day or days to be appointed by proclamation.\n> \n> **s 2:** Am 2020 No 5, Sch 1.13\\[1\\] \\[2\\].","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Explanatory notes","content":"#### 3 Explanatory notes\n\n3 Explanatory notes\n\n> The matter appearing under the heading “Explanatory note” in any of the Schedules does not form part of this Act.","sortOrder":2},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Amendments relating to disclosure of information and prescribing information standards","content":"# Schedule 1 Amendments relating to disclosure of information and prescribing information standards\n\nSchedule 1 Amendments relating to disclosure of information and prescribing information standards\n\n1.1 [Fair Trading Act 1987 No 68](/view/html/inforce/current/act-1987-068)\n\n1.2\n\n(Repealed)\n\n**sch 1:** Am 1987 No 15, sec 30C; 2020 No 30, Sch 5.","sortOrder":3},{"sectionNumber":"Division 3","sectionType":"division","heading":"Disclosure and sharing of information","content":"## Division 3 Disclosure and sharing of information\n\nDivision 3 Disclosure and sharing of information","sortOrder":6},{"sectionNumber":"17AA","sectionType":"section","heading":"Publication of certain information for public access","content":"#### 17AA Publication of certain information for public access\n\n17AA Publication of certain information for public access\n\n> > (1) The Secretary may from time to time publish any of the following information about a licence holder or trader on the internet for access by a member of the public free of charge—\n> > \n> > > (a) identifying particulars, including the name of the licence holder or trader, the licence number, class or type, the date of issue and expiry date of the licence and details of any licence conditions,\n> > \n> > > (b) information about the surrender, cancellation or suspension of a licence,\n> > \n> > > (c) information about any disciplinary action taken against a licence holder or trader under this Act or any other legislation administered by the Minister,\n> > \n> > > (d) information about any public warnings issued under this Act or any other legislation administered by the Minister,\n> > \n> > > (e) information about any undertakings given under section 86B of this Act,\n> > \n> > > (f) such other information as may be prescribed by the regulations.\n> \n> > (2) The Secretary must not publish information under this section unless satisfied that it is in the public interest to do so.\n> \n> > (3) The Secretary may at any time remove information from, or otherwise amend, information published under this section on the Secretary’s own initiative or on the application of the person to whom the information relates if the Secretary is of the opinion that the information is false, misleading or unfairly prejudicial to the interests of the person concerned.\n> \n> > (4) The Secretary may correct any error in or omission from the information published under this section.\n> \n> > (5) Information published under this section may include information held by the Secretary before the commencement of this section.\n> \n> > (6) The regulations may specify—\n> > \n> > > (a) the period within which information that is authorised to be published on the internet under this section must be removed from the information published on the internet, and\n> > \n> > > (b) the information that is not to be published on the internet under this section.\n> \n> > (7) No liability (including liability in defamation) is incurred for publishing in good faith information under this section or a fair report or summary of that information.\n> \n> > (8) In the event of any inconsistency between this section and any other provisions of this Act or other legislation administered by the Minister, this section prevails to the extent of the inconsistency.\n> \n> > (9) In this section—\n> > \n> > licence includes any licence, registration or other authority issued under this Act or any other legislation administered by the Minister.\n> > \n> > licence holder includes a former licence holder.\n> > \n> > trader means a person carrying on a business regulated under this Act or other legislation administered by the Minister but who does not hold a licence, and includes any such business that has ceased trading.","sortOrder":7},{"sectionNumber":"Division 2A","sectionType":"division","heading":"Provisions relating to disclosure requirements and information standards","content":"## Division 2A Provisions relating to disclosure requirements and information standards\n\nDivision 2A Provisions relating to disclosure requirements and information standards","sortOrder":9},{"sectionNumber":"47A","sectionType":"section","heading":"Disclosure of prejudicial terms relating to supply of goods or services","content":"#### 47A Disclosure of prejudicial terms relating to supply of goods or services\n\n47A Disclosure of prejudicial terms relating to supply of goods or services\n\n> > (1) A supplier must, before supplying a consumer with goods or services, take reasonable steps to ensure the consumer is aware of the substance and effect of any term or condition relating to the supply of the goods or services that may substantially prejudice the interests of the consumer.\n> \n> > (2) Without limiting subsection (1), a term or condition relating to the supply of goods or services to a consumer may substantially prejudice the interests of the consumer if—\n> > \n> > > (a) the term excludes the liability of the supplier, or\n> > \n> > > (b) the term provides that the consumer is liable for damage to goods that are delivered, or\n> > \n> > > (c) the term permits the supplier to provide data about the consumer, or data provided by the consumer, to a third party in a form that may enable the third party to identify the consumer, or\n> > \n> > > (d) the term requires the consumer to pay an exit fee, a balloon payment or other similar payment.\n> \n> > (3) The regulations may provide for—\n> > \n> > > (a) what may or may not constitute reasonable steps taken by suppliers to ensure consumers are aware of the substance and effect of terms or conditions relating to the supply of goods or services, and\n> > \n> > > (b) the type of terms, or classes of terms, that may substantially prejudice the interests of consumers, and\n> > \n> > > (c) the type of terms, or classes of terms, that do not substantially prejudice the interests of consumers, and\n> > \n> > > (d) any other requirements in relation to the way in which consumers must be made aware of terms and conditions relating to the supply or goods that may substantially prejudice the interests of consumers, and\n> > \n> > > (e) exemptions from the requirements of this section.","sortOrder":10},{"sectionNumber":"47B","sectionType":"section","heading":"Disclosure of referral fees, commissions, etc","content":"#### 47B Disclosure of referral fees, commissions, etc\n\n47B Disclosure of referral fees, commissions, etc\n\n> > (1) An intermediary must, before acting under an arrangement that provides for the intermediary to receive a financial incentive, take reasonable steps to ensure the consumer who will be supplied with the goods or services to which the financial incentive relates is aware of the existence of the arrangement.\n> \n> > (2) The regulations may provide for—\n> > \n> > > (a) what may or may not constitute reasonable steps taken by intermediaries to ensure consumers are aware of the existence of arrangements that provide for intermediaries to receive financial incentives, and\n> > \n> > > (b) any other requirements in relation to the way in which intermediaries must make consumers aware of the existence of arrangements under which intermediaries receive financial incentives.\n> \n> > (3) In this section—\n> > \n> > financial incentive means—\n> > \n> > > (a) a commission or referral fee, or\n> > \n> > > (b) another kind of payment prescribed by the regulations.\n> > \n> > intermediary—\n> > \n> > > (a) means a person—\n> > > \n> > > > (i) who, under an arrangement that provides for a financial incentive, arranges contracts for the supply of goods or services as an agent or refers consumers to another supplier of goods or services, or\n> > > \n> > > > (ii) who is prescribed by, or who belongs to a class of persons prescribed by, the regulations, but\n> > \n> > > (b) does not include a person, or class of persons, excluded by the regulations.","sortOrder":11},{"sectionNumber":"47C","sectionType":"section","heading":"Information standards","content":"#### 47C Information standards\n\n47C Information standards\n\n> > (1) The regulations may prescribe information standards for the supply of goods and services.\n> \n> > (2) A prescribed information standard may contain any of the following—\n> > \n> > > (a) requirements for certain information to be communicated to a person to whom the goods or services are to be supplied,\n> > \n> > > (b) requirements with respect to the type and form of information to be so communicated and the manner of communication.\n> \n> > (3) This section does not limit section 134 (Making information standards for goods and services) of the ACL.\n> \n> > (4) In this section, supply includes proposed and prospective supply and offer to supply.","sortOrder":12},{"sectionNumber":"47D","sectionType":"section","heading":"Compliance with information standard","content":"#### 47D Compliance with information standard\n\n47D Compliance with information standard\n\n> > (1) A person who supplies goods or services that are intended to be used, or are of a kind likely to be used, by a consumer and in relation to which there is an information standard must comply with the standard in relation to the goods or services concerned.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) If—\n> > \n> > > (a) a person supplies goods or services in contravention of subsection (1), and\n> > \n> > > (b) another person suffers loss or damage by not having particular information relating to the goods or services but would not have suffered the loss or damage if the information standard had been complied with in relation to the goods or services,\n> > \n> > the person who suffers the loss or damage is taken, for the purposes of this Act, to have suffered it by the supply of the goods or services.","sortOrder":13},{"sectionNumber":"4","sectionType":"section","heading":null,"content":"#### 4\n\n\\[4\\] (Repealed)","sortOrder":14},{"sectionNumber":"5","sectionType":"section","heading":"Section 70 Remedy provisions of ACL that extend to local matters","content":"#### 5 Section 70 Remedy provisions of ACL that extend to local matters\n\n\\[5\\] Section 70 Remedy provisions of ACL that extend to local matters\n\n> Insert at the end of the section—\n> \n> > > (3) The following provisions of the ACL apply to a contravention of section 47A (1) or 47B (1) of this Act in the same way as they apply to a contravention of the ACL specified in those provisions—\n> > > \n> > > > (a) section 224 (Pecuniary penalties),\n> > > \n> > > > (b) section 248 (Order disqualifying a person from managing corporations).","sortOrder":15},{"sectionNumber":"6","sectionType":"section","heading":null,"content":"#### 6\n\n\\[6\\] (Repealed)","sortOrder":16},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Amendments relating to 1, 3 and 5 year terms and restorations","content":"# Schedule 2 Amendments relating to 1, 3 and 5 year terms and restorations\n\nSchedule 2 Amendments relating to 1, 3 and 5 year terms and restorations\n\nExplanatory note\n\nThe proposed amendments in this Schedule provide for 1, 3 and 5 year terms for various types of authorities, licences, registrations and certificates (the relevant authorities) across the legislation administered by the Minister for Innovation and Better Regulation. The proposed amendments allow the relevant authorities to be restored, if the applicant applies for the restoration within 3 months of the expiry of the relevant authority.\n\nSchedule 2.7 \\[2\\] amends uncommenced provisions in the [Fair Trading Amendment (Commercial Agents) Act 2016](/view/html/inforce/current/act-2016-052) (the amending Act) in order to give effect to the proposed amendments outlined above. The proposed amendments also provide that the Commissioner may determine that a corporation is not disqualified from carrying out a commercial agent activity for the purposes of the [Fair Trading Act 1987](/view/html/inforce/current/act-1987-068), despite being the subject of a winding up order or being a corporation for which a controller or administrator has been appointed, if the Commissioner considers it appropriate to do so. The proposed amendments will commence on a day appointed by proclamation, being a day on or after the day on which Part 5 of the amending Act commences.\n\nThe proposed amendments allow the NSW Architects Registration Board to remove an architect’s name from the register of architects and the Board of Surveying and Spatial Information to remove a surveyor’s name from the register of surveyors if the architect or surveyor fails to comply with requirements relating to continuing professional development or, in the case of an architect, professional indemnity insurance.\n\nSchedule 2.1 \\[4\\] removes the minimum age requirement for the registration of an architect.\n\nThe Schedule also inserts regulation-making powers to provide for the waiver or refund of fees, savings and transitional provisions and consequential amendments.\n\n2.1 [Architects Act 2003 No 89](/view/html/inforce/current/act-2003-089)\n\n2.2 [Architects Regulation 2017](/view/html/inforce/current/sl-2017-0431)\n\n2.3 [Building Professionals Act 2005 No 115](/view/html/repealed/current/act-2005-115)\n\n2.4 [Building Professionals Regulation 2007](/view/html/repealed/current/sl-2007-0018)\n\n2.5 [Conveyancers Licensing Act 2003 No 3](/view/html/inforce/current/act-2003-003)\n\n2.6 [Explosives Act 2003 No 39](/view/html/inforce/current/act-2003-039)\n\n2.7 [Fair Trading Act 1987 No 68](/view/html/inforce/current/act-1987-068)\n\n2.8 [Home Building Act 1989 No 147](/view/html/inforce/current/act-1989-147)\n\n2.9 [Motor Dealers and Repairers Act 2013 No 107](/view/html/inforce/current/act-2013-107)\n\n2.10 [Pawnbrokers and Second-hand Dealers Act 1996 No 13](/view/html/inforce/current/act-1996-013)\n\n2.11 [Pawnbrokers and Second-hand Dealers Regulation 2015](/view/html/repealed/current/sl-2015-0500)\n\n2.12\n\n(Repealed)\n\n2.13 [Surveying and Spatial Information Act 2002 No 83](/view/html/inforce/current/act-2002-083)\n\n2.14 [Tattoo Parlours Act 2012 No 32](/view/html/inforce/current/act-2012-032)\n\n2.15 [Tow Truck Industry Act 1998 No 111](/view/html/inforce/current/act-1998-111)\n\n**sch 2:** Am 1987 No 15, sec 30C; 2019 No 23, Sch 1.6\\[1\\]–\\[5\\]; 2020 No 3, Sch 1.14.","sortOrder":17},{"sectionNumber":"17A","sectionType":"section","heading":"Duration of registration","content":"#### 17A Duration of registration\n\n17A Duration of registration\n\n> > (1) An application for full registration or a renewal of registration is to nominate one of the following terms of duration for the registration (the nominated term)—\n> > \n> > > (a) 1 year,\n> > \n> > > (b) 3 years,\n> > \n> > > (c) 5 years.\n> \n> > (2) The Board may grant or renew registration for the nominated term or, if satisfied that it is in the public interest to do so, a shorter term than the nominated term.\n> \n> > (3) If an application for renewal of registration has been made but the application is not finally determined by the Board before the expiry of the registration, the registration (if not suspended or sooner cancelled) continues in force until the application is finally determined.\n> \n> > (4) If registration is granted or renewed for a shorter term than the nominated term, the Board is to refund to the applicant the difference between the fee for the nominated term and the fee for the term that was granted.\n> \n> > (5) The suspension of registration does not affect the term of the registration.\n> \n> > (6) This section does not affect the term of any registration granted under this Act and in force immediately before the insertion of this section by the [Fair Trading Legislation Amendment (Reform) Act 2018](/view/html/inforce/current/act-2018-065).","sortOrder":19},{"sectionNumber":"7","sectionType":"section","heading":"Section 28 Annual registration fees","content":"#### 7 Section 28 Annual registration fees\n\n\\[7\\] Section 28 Annual registration fees\n\n> Omit section 28 (1). Insert instead—\n> \n> > > (1) An architect must, on or before 31 March in the year in which the architect’s registration is due to be renewed, pay to the Board the approved fee for the registration.","sortOrder":25},{"sectionNumber":"8","sectionType":"section","heading":"Section 28 (2A)–(2C)","content":"#### 8 Section 28 (2A)–(2C)\n\n\\[8\\] Section 28 (2A)–(2C)\n\n> Insert after section 28 (2)—\n> \n> > > (2A) An application for the restoration of registration must be made—\n> > > \n> > > > (a) within 3 months of the expiry of the registration, or\n> > > \n> > > > (b) within the further period determined by the Board on the application of the person seeking the restoration of registration.\n> > \n> > > (2B) Without limiting subsection (2A) (b), the Board may extend the period within which an application for restoration of a licence may be made if the Board is satisfied that—\n> > > \n> > > > (a) in a case where the applicant failed to apply for renewal before the licence expired-the failure to apply for renewal of the registration before it expired was due to inadvertence, or\n> > > \n> > > > (b) it is just and equitable to restore the registration.\n> > \n> > > (2C) An application for the restoration of registration must nominate a term of duration for the registration.","sortOrder":26},{"sectionNumber":"9","sectionType":"section","heading":"Section 28 (7A)","content":"#### 9 Section 28 (7A)\n\n\\[9\\] Section 28 (7A)\n\n> Insert after section 28 (7)—\n> \n> > > (7A) The Board may refuse an application for the restoration of registration in the circumstances prescribed by the regulations.","sortOrder":27},{"sectionNumber":"10","sectionType":"section","heading":"Section 84 Regulations","content":"#### 10 Section 84 Regulations\n\n\\[10\\] Section 84 Regulations\n\n> Insert after section 84 (2) (h)—\n> \n> > > (i) the waiver or refund of the whole or any part of a fee for any service provided by the Board under this Act or the regulations.","sortOrder":28},{"sectionNumber":"11","sectionType":"section","heading":null,"content":"#### 11\n\n\\[11\\] (Repealed)","sortOrder":29},{"sectionNumber":"sch.2-sec","sectionType":"section","heading":"Schedule 2 NSW Architects Code of Professional Conduct","content":"#### sch.2-sec Schedule 2 NSW Architects Code of Professional Conduct\n\nSchedule 2 NSW Architects Code of Professional Conduct\n\n> Omit “during the current registration period” from clause 16 (2).","sortOrder":30},{"sectionNumber":"10A","sectionType":"section","heading":"Time period for restoration of certificate of accreditation","content":"#### 10A Time period for restoration of certificate of accreditation\n\n10A Time period for restoration of certificate of accreditation\n\n> > (1) An application for the restoration of a certificate of accreditation must be made—\n> > \n> > > (a) within 3 months of the expiry of the certificate of accreditation, or\n> > \n> > > (b) within the further period determined by the Board on the application of the person seeking the restoration of the certificate of accreditation.\n> \n> > (2) Without limiting subsection (1) (b), the Board may extend the period within which an application for the restoration of a certificate of accreditation may be made if the Board is satisfied that—\n> > \n> > > (a) in a case where the applicant failed to apply for renewal before the certificate of accreditation expired—the failure to apply for renewal of the certificate of accreditation before it expired was due to inadvertence, or\n> > \n> > > (b) it is just and equitable to restore the certificate of accreditation.\n> \n> > (3) A certificate of accreditation that has been surrendered or cancelled must not be restored.\n> \n> > (4) An application for the restoration of a certificate of accreditation must—\n> > \n> > > (a) be made in the approved form (if any), and\n> > \n> > > (b) be accompanied by the fee prescribed by the regulations, and\n> > \n> > > (c) nominate a term of duration for the certificate of accreditation.\n> \n> > (5) A certificate of accreditation restored at any time is taken to have been restored on and from the day on which the certificate of accreditation expired.\n> \n> > (6) Subject to this section, this Act applies to an application for the restoration of a certificate of accreditation in the same way as it applies to an application for a certificate of accreditation.\n> \n> > (7) The Board may refuse an application for the restoration of a certificate of accreditation in the circumstances prescribed by the regulations.","sortOrder":33},{"sectionNumber":"sch.2-sec-oc.2","sectionType":"section","heading":"Clause 21 Fees","content":"#### sch.2-sec-oc.2 Clause 21 Fees\n\nClause 21 Fees\n\n> Omit clause 21 (2).","sortOrder":35},{"sectionNumber":"17","sectionType":"section","heading":"Duration of licence","content":"#### 17 Duration of licence\n\n17 Duration of licence\n\n> > (1) An application for a licence or for renewal of a licence is to nominate one of the following terms of duration for the licence (the nominated term)—\n> > \n> > > (a) 1 year,\n> > \n> > > (b) 3 years,\n> > \n> > > (c) 5 years.\n> \n> > (2) The Secretary may grant or renew a licence for a shorter term than the nominated term if satisfied that it is in the public interest to do so.\n> \n> > (3) If an application for renewal of a licence has been made but the application is not finally determined by the Secretary before the expiry of the licence, the licence (if not suspended or sooner cancelled) continues in force until the application is finally determined.\n> \n> > (4) If a licence is granted or renewed for a shorter term than the nominated term, the Secretary is to refund to the applicant the difference between the fee for the nominated term and the fee for the term that was granted.\n> \n> > (5) The suspension of a licence does not affect the term of the licence.\n> \n> > (6) This section does not affect the term of any licence granted under this Act and in force immediately before the substitution of this section by the [Fair Trading Legislation Amendment (Reform) Act 2018](/view/html/inforce/current/act-2018-065).","sortOrder":39},{"sectionNumber":"18","sectionType":"section","heading":"Time period for restoration of licences","content":"#### 18 Time period for restoration of licences\n\n18 Time period for restoration of licences\n\n> > (1) An application for the restoration of a licence must be made—\n> > \n> > > (a) within 3 months of the expiry of the licence, or\n> > \n> > > (b) within the further period determined by the Secretary on the application of the person seeking the restoration of the licence.\n> \n> > (2) Without limiting subsection (1) (b), the Secretary may extend the period within which an application for the restoration of a licence may be made if the Secretary is satisfied that—\n> > \n> > > (a) in a case where the applicant failed to apply for renewal before the licence expired—the failure to apply for renewal of the licence before it expired was due to inadvertence, or\n> > \n> > > (b) it is just and equitable to restore the licence.\n> \n> > (3) A licence that has been surrendered or cancelled must not be restored.\n> \n> > (4) An application for the restoration of a licence must—\n> > \n> > > (a) be made in the approved form (if any), and\n> > \n> > > (b) be accompanied by the fee prescribed by the regulations, and\n> > \n> > > (c) nominate a term of duration for the licence.\n> \n> > (5) A licence restored at any time is taken to have been restored from the day on which the licence expired.\n> \n> > (6) Subject to this section, this Act applies to an application for the restoration of a licence in the same way as it applies to an application for a licence.","sortOrder":41},{"sectionNumber":"16A","sectionType":"section","heading":"Time period for restoration of licences","content":"#### 16A Time period for restoration of licences\n\n16A Time period for restoration of licences\n\n> > (1) An application for the restoration of a licence must be made—\n> > \n> > > (a) within 3 months of the expiry of the licence, or\n> > \n> > > (b) within the further period determined by the regulatory authority on the application of the person seeking the restoration of the licence.\n> \n> > (2) Without limiting subsection (1) (b), the regulatory authority may extend the period within which an application for the restoration of a licence may be made if the regulatory authority is satisfied that—\n> > \n> > > (a) in a case where the applicant failed to apply for renewal before the licence expired—the failure to apply for renewal of the licence before it expired was due to inadvertence, or\n> > \n> > > (b) it is just and equitable to restore the licence.\n> \n> > (3) A licence that has been surrendered or cancelled must not be restored.\n> \n> > (4) An application for the restoration of a licence must—\n> > \n> > > (a) be made in the approved form (if any), and\n> > \n> > > (b) be accompanied by the fee prescribed by the regulations, and\n> > \n> > > (c) nominate a term of duration for the licence.\n> \n> > (5) A licence restored at any time is taken to have been restored on and from the day on which the licence expired.\n> \n> > (6) Subject to this section, this Act applies to an application for the restoration of a licence in the same way as it applies to an application for a licence.","sortOrder":46},{"sectionNumber":"39","sectionType":"section","heading":"Time period for restoration of authorities","content":"#### 39 Time period for restoration of authorities\n\n39 Time period for restoration of authorities\n\n> > (1) An application for the restoration of an authority must be made—\n> > \n> > > (a) within 3 months of the expiry of the authority, or\n> > \n> > > (b) within the further period determined by the Secretary on the application of the person seeking the restoration of the authority.\n> \n> > (2) Without limiting subsection (1) (b), the Secretary may extend the period within which an application for the restoration of an authority may be made if the Secretary is satisfied that—\n> > \n> > > (a) in a case where the applicant failed to apply for renewal before the authority expired—the failure to apply for renewal of the authority before it expired was due to inadvertence, or\n> > \n> > > (b) it is just and equitable to restore the authority.\n> \n> > (3) An authority that has been surrendered or cancelled must not be restored.\n> \n> > (4) An application for the restoration of an authority must—\n> > \n> > > (a) be made in the approved form (if any), and\n> > \n> > > (b) be accompanied by the fee prescribed by the regulations, and\n> > \n> > > (c) nominate a term of duration for the authority.\n> \n> > (5) An authority restored at any time is taken to have been restored on and from the day on which the authority expired.\n> \n> > (6) Subject to this section, this Act applies to an application for the restoration of an authority in the same way as it applies to an application for an authority.","sortOrder":55},{"sectionNumber":"42","sectionType":"section","heading":"Term of duration of authority","content":"#### 42 Term of duration of authority\n\n42 Term of duration of authority\n\n> > (1) An application for an authority (other than an owner-builder permit) or for renewal of an authority is to nominate one of the following terms of duration for the authority (the nominated term)—\n> > \n> > > (a) 1 year,\n> > \n> > > (b) 3 years,\n> > \n> > > (c) 5 years.","sortOrder":59},{"sectionNumber":"33","sectionType":"section","heading":"Duration of licence","content":"#### 33 Duration of licence\n\n33 Duration of licence\n\n> > (1) An application for a licence or for renewal of a licence is to nominate one of the following terms of duration for the licence (the nominated term)—\n> > \n> > > (a) 1 year,\n> > \n> > > (b) 3 years,\n> > \n> > > (c) 5 years.\n> \n> > (2) The Secretary may grant or renew a licence for the nominated term or a shorter term than the nominated term if satisfied that it is in the public interest to do so.\n> \n> > (3) If an application for renewal of a licence has been made but the application is not finally determined by the Secretary before the expiry of the licence, the licence (if not suspended or sooner cancelled) continues in force until the application is finally determined.\n> \n> > (4) If a licence is granted or renewed for a shorter term than the nominated term, the Secretary is to refund to the applicant the difference between the fee for the nominated term and the fee for the term that was granted.\n> \n> > (5) The suspension of a licence does not affect the term of the licence.\n> \n> > (6) This section does not affect the term of any licence granted under this Act and in force immediately before the substitution of this section by the [Fair Trading Legislation Amendment (Reform) Act 2018](/view/html/inforce/current/act-2018-065).","sortOrder":63},{"sectionNumber":"33A","sectionType":"section","heading":"Time period for restoration of licences","content":"#### 33A Time period for restoration of licences\n\n33A Time period for restoration of licences\n\n> > (1) An application for the restoration of a licence must be made—\n> > \n> > > (a) within 3 months of the expiry of the licence, or\n> > \n> > > (b) within the further period determined by the Secretary on the application of the person seeking the restoration of the licence.\n> \n> > (2) Without limiting subsection (1) (b), the Secretary may extend the period within which an application for the restoration of a licence may be made if the Secretary is satisfied that—\n> > \n> > > (a) in a case where the applicant failed to apply for renewal before the licence expired—the failure to apply for renewal of the licence before it expired was due to inadvertence, or\n> > \n> > > (b) it is just and equitable to restore the licence.\n> \n> > (3) A licence that has been cancelled must not be restored.\n> \n> > (4) An application for the restoration of a licence must—\n> > \n> > > (a) be made in the approved form (if any), and\n> > \n> > > (b) be accompanied by the fee prescribed by the regulations, and\n> > \n> > > (c) nominate a term of duration for the licence.\n> \n> > (5) A licence restored at any time is taken to have been restored from the day on which the licence expired.\n> \n> > (6) Subject to this section, this Act applies to an application for the restoration of a licence in the same way as it applies to an application for a licence.","sortOrder":64},{"sectionNumber":"sch.2-sec-oc.3","sectionType":"section","heading":"Clause 36 Carrying on of business in partnership","content":"#### sch.2-sec-oc.3 Clause 36 Carrying on of business in partnership\n\nClause 36 Carrying on of business in partnership\n\n> Omit “Accordingly, no amount is payable by any such applicant in connection with an application of a kind referred to in any of those items of that Schedule if, at that time or during the 12 months immediately preceding the application, the requisite amount has been paid by any other partner in the partnership for an application of that kind.” from clause 36 (1).","sortOrder":73},{"sectionNumber":"10AA","sectionType":"section","heading":"Duration of registration","content":"#### 10AA Duration of registration\n\n10AA Duration of registration\n\n> > (1) An application for registration or renewal of registration is to nominate one of the following terms of duration for the registration (the nominated term)—\n> > \n> > > (a) 1 year,\n> > \n> > > (b) 3 years,\n> > \n> > > (c) 5 years.\n> \n> > (2) The Board may grant or renew registration for the nominated term or a shorter term than the nominated term if satisfied that it is in the public interest to do so.\n> \n> > (3) If an application for renewal of registration has been made but the application is not finally determined by the Board before the expiry of the registration, the registration (if not suspended or sooner cancelled) continues in force until the application is finally determined.\n> \n> > (4) If a registration is granted or renewed for a shorter term than the nominated term, the Board is to refund to the applicant the difference between the fee for the nominated term and the fee for the term that was granted.\n> \n> > (5) The suspension of a registration does not affect the term of the registration.\n> \n> > (6) This section does not affect the term of any registration granted under this Act and in force immediately before the insertion of this section by the [Fair Trading Legislation Amendment (Reform) Act 2018](/view/html/inforce/current/act-2018-065).","sortOrder":78},{"sectionNumber":"10AB","sectionType":"section","heading":"Removal of surveyor’s name from register","content":"#### 10AB Removal of surveyor’s name from register\n\n10AB Removal of surveyor’s name from register\n\n> The Board must remove a registered surveyor’s name from the register of surveyors if the surveyor has failed to comply with any continuing professional development requirements.","sortOrder":79},{"sectionNumber":"13B","sectionType":"section","heading":"Restoration of licence","content":"#### 13B Restoration of licence\n\n13B Restoration of licence\n\n> > (1) An application for the restoration of a licence must be made—\n> > \n> > > (a) within 3 months of the expiry of the licence, or\n> > \n> > > (b) within the further period determined by the Secretary on the application of the person seeking the restoration of the licence.\n> \n> > (2) Without limiting subsection (1) (b), the Secretary may extend the period within which an application for the restoration of a licence may be made if the Secretary is satisfied that—\n> > \n> > > (a) in a case where the applicant failed to apply for renewal before the licence expired—the failure to apply for renewal of the licence before it expired was due to inadvertence, or\n> > \n> > > (b) it is just and equitable to restore the licence.\n> \n> > (3) A licence that has been surrendered or cancelled must not be restored.\n> \n> > (4) An application for the restoration of a licence must—\n> > \n> > > (a) be made in the approved form (if any), and\n> > \n> > > (b) be accompanied by the fee prescribed by the regulations, and\n> > \n> > > (c) nominate a term of duration for the licence.\n> \n> > (5) A licence restored at any time is taken to have been restored from the day on which the licence expired.\n> \n> > (6) Subject to this section, this Act applies to an application for the restoration of a licence in the same way as it applies to an application for a licence.","sortOrder":85},{"sectionNumber":"22","sectionType":"section","heading":"Term of licence","content":"#### 22 Term of licence\n\n22 Term of licence\n\n> > (1) An application for a licence or renewal of a licence is to nominate one of the following terms of duration for the licence (the nominated term)—\n> > \n> > > (a) 1 year,\n> > \n> > > (b) 3 years,\n> > \n> > > (c) 5 years.\n> \n> > (2) A licence may only be granted for a term of 3 or 5 years if—\n> > \n> > > (a) the applicant has requested that the licence be granted for a term of either 3 years or 5 years, and\n> > \n> > > (b) the applicant has held a licence for a continuous period of at least 3 years immediately before the date on which the subsequent licence will come into force (that is, during that period of 3 years, the applicant’s licence was not suspended or revoked and did not lapse), and\n> > \n> > > (c) neither the applicant nor any of the applicant’s close associates is, at the time the application is made, under investigation by the Secretary in relation to any breach of a condition of a licence or any other contravention of this Act or the regulations, and\n> > \n> > > (d) neither the applicant nor any of the applicant’s close associates has, in the 5 years immediately before the date of the application—\n> > > \n> > > > (i) been subject to any prescribed disciplinary action under this Act, or\n> > > \n> > > > (ii) engaged in any prescribed conduct, and\n> > \n> > > (e) the Secretary is satisfied that a 3-year or a 5-year licence should be granted.\n> \n> > (3) Subject to subsection (2), the Secretary may grant or renew a licence for the nominated term or a shorter term than the nominated term if satisfied that it is in the public interest to do so.\n> \n> > (4) If an application for renewal of a licence has been made but the application is not finally determined by the Secretary before the expiry of the licence, the licence (if not suspended or sooner cancelled) continues in force until the application is finally determined.\n> \n> > (5) If a licence is granted or renewed for a shorter term than the nominated term, the Secretary is to refund to the applicant the difference between the fee for the nominated term and the fee for the term that was granted.\n> \n> > (6) The suspension of a licence does not affect the term of the licence.\n> \n> > (7) This section does not affect the term of any licence granted under this Act and in force immediately before the substitution of this section by the [Fair Trading Legislation Amendment (Reform) Act 2018](/view/html/inforce/current/act-2018-065).\n> \n> > (8) In this section—\n> > \n> > prescribed conduct means any conduct that—\n> > \n> > > (a) if the applicant or close associate applied for a licence or drivers certificate immediately after engaging in the conduct, would, in the opinion of the Secretary, be sufficient to justify the application being refused, or\n> > \n> > > (b) if the applicant or close associate held a licence or drivers certificate at the time of engaging in the conduct, would, in the opinion of the Secretary, be sufficient to justify—\n> > > \n> > > > (i) the suspension of a licence or drivers certificate held by the applicant or close associate, or\n> > > \n> > > > (ii) the permanent revocation of a licence or drivers certificate held by the applicant or close associate, or\n> > > \n> > > > (iii) the disqualification of the applicant or close associate from holding a licence or drivers certificate.\n> > \n> > prescribed disciplinary action means—\n> > \n> > > (a) the suspension of a licence or drivers certificate held by the applicant or close associate, or\n> > \n> > > (b) the permanent revocation of a licence or drivers certificate held by the applicant or close associate, or\n> > \n> > > (c) the disqualification of the applicant or close associate from holding a licence or drivers certificate.","sortOrder":95},{"sectionNumber":"31","sectionType":"section","heading":"Term of drivers certificate","content":"#### 31 Term of drivers certificate\n\n31 Term of drivers certificate\n\n> > (1) An application for a drivers certificate or renewal of a drivers certificate is to nominate one of the following terms of duration for the drivers certificate (the nominated term)—\n> > \n> > > (a) 1 year,\n> > \n> > > (b) 3 years,\n> > \n> > > (c) 5 years.\n> \n> > (2) A drivers certificate may only be granted for a term of 3 or 5 years if—\n> > \n> > > (a) the applicant has requested that the drivers certificate be granted for a term of either 3 years or 5 years, and\n> > \n> > > (b) the applicant has held a drivers certificate for a continuous period of at least 3 years immediately before the date on which the subsequent drivers certificate will come into force (that is, during that period of 3 years, the applicant’s drivers certificate was not suspended or revoked and did not lapse), and\n> > \n> > > (c) the applicant and the applicant’s close associates are not, at the time the application is made, under investigation by the Secretary in relation to any breach of a condition of a drivers certificate or any other contravention of this Act or the regulations, and\n> > \n> > > (d) the applicant and the applicant’s close associates have not, in the 5 years immediately before the date of the application—\n> > > \n> > > > (i) been subject to any prescribed disciplinary action under this Act, or\n> > > \n> > > > (ii) engaged in any prescribed conduct, and\n> > \n> > > (e) the Secretary is satisfied that a 3-year or a 5-year drivers certificate should be granted.\n> \n> > (3) Subject to subsection (2), the Secretary may grant or renew a drivers certificate for the nominated term or a shorter term than the nominated term if satisfied that it is in the public interest to do so.\n> \n> > (4) If an application for renewal of a drivers certificate has been made but the application is not finally determined by the Secretary before the expiry of the drivers certificate, the drivers certificate (if not suspended or sooner cancelled) continues in force until the application is finally determined.\n> \n> > (5) If a drivers certificate is granted or renewed for a shorter term than the nominated term, the Secretary is to refund to the applicant the difference between the fee for the nominated term and the fee for the term that was granted.\n> \n> > (6) The suspension of a drivers certificate does not affect the term of the drivers certificate.\n> \n> > (7) This section does not affect the term of any drivers certificate issued under this Act and in force immediately before the substitution of this section by the [Fair Trading Legislation Amendment (Reform) Act 2018](/view/html/inforce/current/act-2018-065).\n> \n> > (8) In this section—\n> > \n> > prescribed conduct means any conduct that—\n> > \n> > > (a) if the applicant or close associate applied for a licence or drivers certificate immediately after engaging in the conduct, would, in the opinion of the Secretary, be sufficient to justify the application being refused, or\n> > \n> > > (b) if the applicant or close associate held a licence or drivers certificate at the time of engaging in the conduct, would, in the opinion of the Secretary, be sufficient to justify—\n> > > \n> > > > (i) the suspension of a licence or drivers certificate held by the applicant or close associate, or\n> > > \n> > > > (ii) the permanent revocation of a licence or drivers certificate held by the applicant or close associate, or\n> > > \n> > > > (iii) the disqualification of the applicant or close associate from holding a licence or drivers certificate.\n> > \n> > prescribed disciplinary action means—\n> > \n> > > (a) the suspension of a licence or drivers certificate held by the applicant or close associate, or\n> > \n> > > (b) the permanent revocation of a licence or drivers certificate held by the applicant or close associate, or\n> > \n> > > (c) the disqualification of the applicant or close associate from holding a licence or drivers certificate.","sortOrder":99},{"sectionNumber":"40A","sectionType":"section","heading":"Restoration of licence or drivers certificate","content":"#### 40A Restoration of licence or drivers certificate\n\n40A Restoration of licence or drivers certificate\n\n> > (1) An application for the restoration of a licence or drivers certificate must be made—\n> > \n> > > (a) within 3 months of the expiry of the licence or drivers certificate, or\n> > \n> > > (b) within the further period determined by the Secretary on the application of the person seeking the restoration of the licence or drivers certificate.\n> \n> > (2) Without limiting subsection (1) (b), the Secretary may extend the period within which an application for the restoration of a licence or drivers certificate may be made if the Secretary is satisfied that—\n> > \n> > > (a) in a case where the applicant failed to apply for renewal before the licence or drivers certificate expired—the failure to apply for renewal of the licence or drivers certificate before it expired was due to inadvertence, or\n> > \n> > > (b) it is just and equitable to restore the licence or drivers certificate.\n> \n> > (3) A licence or drivers certificate that has been surrendered or cancelled must not be restored.\n> \n> > (4) An application for the restoration of a licence or drivers certificate must—\n> > \n> > > (a) be made in the approved form (if any), and\n> > \n> > > (b) be accompanied by the fee prescribed by the regulations, and\n> > \n> > > (c) nominate a term of duration for the licence or drivers certificate.\n> \n> > (5) A licence or drivers certificate restored at any time is taken to have been restored from the day on which the licence or drivers certificate expired.\n> \n> > (6) Subject to this section, this Act applies to an application for the restoration of a licence or drivers certificate in the same way as it applies to an application for a licence or drivers certificate.","sortOrder":101},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedule 3 (Repealed)\n\n**sch 3:** Rep 1987 No 15, sec 30C.","sortOrder":103},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Miscellaneous amendments relating to licensing and service agreements","content":"# Schedule 4 Miscellaneous amendments relating to licensing and service agreements\n\nSchedule 4 Miscellaneous amendments relating to licensing and service agreements\n\n4.1 [Home Building Act 1989 No 147](/view/html/inforce/current/act-1989-147)\n\nExplanatory note\n\nItem \\[1\\] of the proposed amendments provides that an authority for a special trade category continues in force until it is surrendered, suspended or cancelled and that it is a condition of the authority that the holder of the authority provides the Commissioner with certain information every 5 years. Item \\[2\\] defines a special trade category.\n\nItem \\[3\\] of the proposed amendments defines specialist work to also include work relating to electrical appliances, connections or wiring and work relating to liquefied petroleum gas pipes, fittings or appliances in a caravan or recreational vehicle in order to regulate those types of work under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147).\n\n4.2 [Home Building Regulation 2014](/view/html/inforce/current/sl-2014-0811)\n\nExplanatory note\n\nItem \\[1\\] of the proposed amendments prescribes work relating to electrical appliances, connections or wiring and work relating to liquefied petroleum gas pipes, fittings or appliances in a caravan or recreational vehicle as specialist work categories for the purpose of authorising that type of work under a licence or an authority.\n\nItem \\[2\\] of the proposed amendments specifies the fee (currently $51) that must accompany an application for the continuation of an authority for a special trade category.\n\n4.3–4.5\n\n(Repealed)\n\n4.6 [Tow Truck Industry Act 1998 No 111](/view/html/inforce/current/act-1998-111)\n\nExplanatory note\n\nItem \\[2\\] of the proposed amendments enables a person to apply to the Commissioner for an exemption from the requirement to hold a tow truck operators licence or drivers certificate under the [Tow Truck Industry Act 1998](/view/html/inforce/current/act-1998-111). If granted, evidence of the exemption must be carried at all times in each tow truck used by the operator and produced to an officer on demand when any such tow truck is being used. It is an offence (with a maximum penalty of $2,750) if an exempted person contravenes any condition of the exemption.\n\nConsequentially, item \\[1\\] of the proposed amendments removes the regulation-making power to exempt any person from the operation of any provision or requirement of the [Tow Truck Industry Act 1998](/view/html/inforce/current/act-1998-111). The regulations may still exempt a class of persons from a provision or requirement of that Act.\n\nItems \\[3\\] and \\[4\\] of the proposed amendments require the Commissioner to keep certain information in respect of an exemption on a register, including particulars of the amendment, suspension, revocation or voluntary surrender of the exemption.\n\nItem \\[5\\] of the proposed amendments enables the Commissioner to enter into arrangements with the Commissioner of Police for the supply to the Commissioner of information contained in that register.\n\n**sch 4:** Am 1987 No 15, sec 30C.\n\n**sch 5:** Am 1987 No 15, sec 30C. Rep 1987 No 15, sec 30C.\n\n**sch 6:** Rep 1987 No 15, sec 30C.\n\n**sch 7:** Rep 1987 No 15, sec 30C.\n\n**sch 8:** Am 2019 No 14, Sch 1.6. Rep 1987 No 15, sec 30C.\n\n**schs 9–12:** Rep 1987 No 15, sec 30C.","sortOrder":104},{"sectionNumber":"41","sectionType":"section","heading":"Authority for special trade categories","content":"#### 41 Authority for special trade categories\n\n41 Authority for special trade categories\n\n> > (1) This section applies to an authority for a special trade category.\n> \n> > (2) An authority to which this section applies continues in force until it is surrendered, suspended or cancelled.\n> \n> > (3) It is a condition of an authority to which this section applies that the holder of the authority provides the Secretary with the following information in the approved form (if any) before the relevant day—\n> > \n> > > (a) changes to the particulars of the authority and any other particulars required to be kept in the register maintained by the Secretary under section 120,\n> > \n> > > (b) a statement that the holder is not disqualified from holding the authority under section 33A,\n> > \n> > > (c) a statement that the holder meets the relevant requirements for holding the authority,\n> > \n> > > (d) any other information prescribed by the regulations.\n> > \n> > Note—\n> > \n> > Sections 20, 33B, 33C and 33D specify requirements for the issue of, or obtaining, certain authorities.\n> \n> > (4) The information provided to the Secretary under this section must be accompanied by the fee prescribed by the regulations.\n> \n> > (5) The Secretary may cancel an authority to which this section applies if the holder of the authority does not provide the information specified in subsection (3) by the relevant day.\n> \n> > (6) A person must not make a statement in relation to the information provided to the Secretary under this section that the person knows is false or misleading in a material particular.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (7) To avoid doubt, section 42 does not apply to an authority to which this section applies.\n> \n> > (8) In this section, relevant day, in relation to an authority, means—\n> > \n> > > (a) the day occurring every 5 years after the day on which the authority was issued, or\n> > \n> > > (b) such earlier day as is specified in the regulations.","sortOrder":106},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":null,"content":"# Schedule 5\n\nSchedules 5–12 (Repealed)","sortOrder":117}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains within its original scope as a reform package amending fair trading and licensing laws. While it touches 11 different Acts, this is consistent with the Act's stated purpose of implementing reforms across legislation administered by the Minister for Innovation and Better Regulation. The amendments are cohesive—focusing on disclosure/transparency (Schedule 1), flexible licensing terms (Schedule 2), and miscellaneous licensing improvements (Schedule 4)—rather than expanding into unrelated policy areas."},"complexity_factors":["Amends 11 different Acts and 3 Regulations simultaneously (Architects Act 2003, Building Professionals Act 2005, Conveyancers Licensing Act 2003, Explosives Act 2003, Fair Trading Act 1987, Home Building Act 1989, Motor Dealers and Repairers Act 2013, Pawnbrokers and Second-hand Dealers Act 1996, Surveying and Spatial Information Act 2002, Tattoo Parlours Act 2012, Tow Truck Industry Act 1998)","Extensive cross-referencing to the Licensing and Registration (Uniform Procedures) Act 2002, with multiple exclusions of specific sections (e.g., 'other than section 10', 'other than section 39')","Nested conditional logic for 3 and 5-year tow truck licences requiring: (a) 3 years continuous holding, (b) no investigations pending, (c) no disciplinary action in 5 years, (d) Secretary satisfaction test","Multiple defined terms including 'financial incentive', 'intermediary', 'licence holder', 'trader', 'special trade category', 'prescribed conduct', 'prescribed disciplinary action'","Staggered commencement provisions with some schedules commencing on assent, others on 1 July 2020 or earlier by proclamation, and others (Schedules 2.13, 4.1, 4.2[2]) on days to be appointed","Savings and transitional provisions preserving existing licence terms while introducing new 1/3/5 year framework","Mirror provisions repeated across multiple Acts with slight variations (e.g., restoration provisions for architects vs surveyors vs motor dealers)"],"plain_english_summary":"This Act makes changes to various NSW fair trading and licensing laws to give consumers more information, make licensing more flexible, and streamline administration.\n\n**Key changes:**\n\n**1. More transparency about dodgy traders (Schedule 1)**\n- The Secretary can now publish information about licence holders and traders on the internet, including details of disciplinary action, cancelled licences, and public warnings—but only if it's in the public interest.\n- Suppliers must clearly tell consumers about contract terms that could seriously disadvantage them, such as:\n  - Terms that remove the supplier's liability\n  - Terms making the consumer pay for damaged goods on delivery\n  - Terms allowing the consumer's personal data to be shared with third parties\n  - Exit fees or balloon payments\n- Middlemen (intermediaries) must disclose if they're getting commissions or referral fees.\n- New rules allow the government to set \"information standards\" for goods and services, with penalties for non-compliance.\n\n**2. Flexible licence terms and restoration (Schedule 2)**\n- People applying for or renewing licences, registrations, or certificates can now choose 1, 3, or 5-year terms across multiple professions including architects, surveyors, conveyancers, motor dealers, pawnbrokers, tow truck operators, and home builders.\n- If your licence expires, you can apply to have it \"restored\" (reactivated) within 3 months, or longer if the regulator agrees it was inadvertent or unfair not to renew.\n- Special rules for tow truck licences: 3 and 5-year terms only available to experienced operators with clean records.\n- Architects and surveyors can be removed from their registers for failing to meet continuing professional development requirements.\n- The minimum age requirement for architect registration is removed.\n\n**3. Special trade categories and tow truck exemptions (Schedule 4)**\n- Creates a new category of \"special trade\" work (like painting, plastering, fencing) where authorities continue indefinitely until surrendered or cancelled, but holders must provide updated information every 5 years.\n- Expands specialist work to include electrical and gas work in caravans and recreational vehicles.\n- Allows individual exemptions from tow truck licensing requirements (previously only classes of people could be exempted).\n\n**Who it affects:**\n- Consumers buying goods and services (more disclosure requirements)\n- Licensed professionals and tradespeople (architects, surveyors, builders, motor dealers, pawnbrokers, tow truck operators, etc.)\n- Regulatory bodies like NSW Fair Trading and professional boards\n\n**Why it matters:**\nThe Act modernises consumer protection by shining a light on unfair contract terms and hidden commissions. It also reduces red tape for businesses by offering longer licence terms and a grace period to restore expired licences, while maintaining safeguards for tow trucks and ensuring professionals keep their skills up to date."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Insufficient substantive content is available in the provided document to assess whether the scope changed from the original intent. The document consists almost entirely of website navigation and metadata, with no legislative text included. A meaningful scope assessment cannot be made."},"complexity_factors":["Multiple staged commencement dates across 2018–2020 suggest phased implementation, which can be confusing for those trying to determine which rules apply when","As an amending Act, it cannot be understood in isolation — readers must cross-reference the original Acts being amended","The note that 'some but not all provisions have commenced' adds uncertainty about what is actually in force","Automatic repeal mechanism under the Interpretation Act 1987 adds a layer of technical complexity around the Act's ongoing legal status","Severely limited by missing substantive content — the actual amendment text is absent from the provided document, preventing full complexity assessment"],"plain_english_summary":"The Fair Trading Legislation Amendment (Reform) Act 2018 (NSW) is an amending law that updates NSW fair trading rules, affecting consumers, businesses, traders and regulators by tightening how businesses must deal with customers and strengthening enforcement. It was enacted in 2018 (Act No. 65/2018), went through multiple versions and updates (current version dated 27 Oct 2020), and not all provisions have commenced. The available document here lacks the substantive amendment text, so specific changes cannot be confirmed."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act expands regulatory scope: it authorises public publication of licence/trader information (s 17AA), creates enforceable disclosure duties for suppliers and intermediaries and enables prescriptive information standards with penalties (ss 47A–47D), and restructures licence/registration tenure by allowing 1, 3 or 5‑year terms with defined restoration windows and refund rules (see ss 17/18/39 and numerous schedule amendments). It also adds special trade category authorities, an exemption scheme (e.g. tow truck exemptions at sch 4, s 33A), and formalises information sharing with police (s 95)."},"complexity_factors":["Extensive cross‑referencing and insertion into multiple Parts and other Acts increases legal routing and interpretation complexity (e.g. new Division 3 and ss 17AA, 47A–47D; many amendments to licence/registration sections across Schedules 2 and 4).","Broad administrative discretion keyed to subjective standards such as 'public interest' and 'satisfied that' for publishing, shorter term grants and extensions of restoration periods (see s 17AA(2), ss 17/18/39/40 and variants across schedules).","Multiple delegated regulation‑making powers to define reasonable steps, prescribed terms, exemptions, information standards and fee‑waivers create layered secondary law risk and implementation variance (see ss 47A(3), 47B(2), 47C, and various inserts authorising regulations and fee waivers: s 84, s 92, sch amendments).","New obligations and criminal/penalty exposure for providers and holders (e.g. compliance penalty for information standards s 47D – 50 penalty units; false/misleading statement offence for special trade info s 41(6) – 100 penalty units).","Publication power with limited liability protection for good‑faith publications but a Secretary‑led takedown/correction regime introduces procedural and reputational management burdens for licence‑holders (s 17AA(1),(3),(4),(7)).","Restoration mechanics (nomination of term, refunds for shorter grants, 3‑month restoration windows, and non‑restorable surrendered/cancelled licences) create transactional timing and fee consequences for applicants (see ss 17/18, 10/10A, 33/33A, 39, 40, and related schedule inserts).","Eligibility gating for multi‑year terms depends on historical conduct, investigations and prescribed disciplinary actions, increasing record‑keeping and monitoring needs (see new criteria in s 22 (as substituted) and s 31 for drivers certificates).","Information‑sharing and register amendments formalise data exchange with police and between agencies, raising privacy and operational interface issues (see s 95 as amended; register amendments in sch 4 items).","Large number of consequential, savings and transitional provisions and repeals across schedules increases uncertainty during implementation (multiple 'does not affect' and savings clauses throughout Schedules 1–4)."],"plain_english_summary":"This Act reorganises and widens fair‑trading rules: regulators can publish licence/trader details online (with removal and immunity rules), suppliers and intermediaries must disclose prejudicial contract terms and referral payments, and regulators may set enforceable information standards (with penalties). It also lets applicants choose 1, 3 or 5‑year licence/registration terms, adds fixed short restoration windows and refund rules, and creates special trade category and exemption processes. These changes shift compliance costs onto licence‑holders, give officials broad discretion, and alter renewal incentives."}},"importantCases":[],"_links":{"self":"/api/acts/fair-trading-legislation-amendment-reform-act-2018","history":"/api/acts/fair-trading-legislation-amendment-reform-act-2018/history","analysis":"/api/acts/fair-trading-legislation-amendment-reform-act-2018/analysis","conflicts":"/api/acts/fair-trading-legislation-amendment-reform-act-2018/conflicts","importantCases":"/api/acts/fair-trading-legislation-amendment-reform-act-2018/important-cases","documents":"/api/acts/fair-trading-legislation-amendment-reform-act-2018/documents"}}