{"id":"nsw:sl-2019-0441","name":"Fair Trading Regulation 2019","slug":"fair-trading-regulation-2019","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"441 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176566,"registerId":"nsw-nsw:sl-2019-0441-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Fair Trading Regulation 2019](/view/html/inforce/current/sl-2019-0441).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation replaces the [Fair Trading Regulation 2012](/view/html/repealed/current/sl-2012-0427), which is repealed on 1 September 2019 by section 10(2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> > (1) In this Regulation—\n> > \n> > the Act means the [Fair Trading Act 1987](/view/html/inforce/current/act-1987-068).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Notes included in this Regulation do not form part of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Information standards","content":"# Part 2 Information standards\n\nPart 2 Information standards","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Fuel price signs at service stations","content":"## Division 1 Fuel price signs at service stations\n\nDivision 1 Fuel price signs at service stations","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Information standard for fuel price signs at service stations","content":"#### 4 Information standard for fuel price signs at service stations\n\n4 Information standard for fuel price signs at service stations\n\n> > (1) For the purposes of section 47C of the Act, the requirements of this Division are prescribed as an information standard for the supply of prescribed fuel to consumers at a service station.\n> \n> > (2) In this Division—\n> > \n> > prescribed fuel has the same meaning as in section 58 of the Act but does not include electricity.\n> > \n> > service station and standard retail price have the same meanings as in section 58 of the Act.","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Display of fuel price information","content":"#### 5 Display of fuel price information\n\n5 Display of fuel price information\n\n> > (1) A service station that supplies prescribed fuel to consumers must display the following information on 1 or more signs (a fuel price sign)—\n> > \n> > > (a) if no more than 4 prescribed fuels are supplied—the standard retail price for each prescribed fuel,\n> > \n> > > (b) if more than 4 prescribed fuels are supplied—the standard retail price for at least 4 prescribed fuels, including for each of the following that are supplied—\n> > > \n> > > > (i) E10 petrol,\n> > > \n> > > > (ii) diesel,\n> > > \n> > > > (iii) liquefied petroleum gas (or LPG).\n> \n> > (2) A fuel price sign must be positioned and lit so that the standard retail price and any other matter displayed on the sign is readily able to be seen by motorists approaching the service station at any time that the service station is open for business for the supply of prescribed fuel.\n> \n> > (3) All signs at the service station (including any fuel price signs) that display information in relation to the price of prescribed fuel supplied to consumers at the service station must display only the standard retail price of the prescribed fuel and no other price for that fuel.\n> \n> > (4) This clause does not prevent—\n> > \n> > > (a) the standard retail price of more than 4 prescribed fuels from being displayed on a sign at a service station, or\n> > \n> > > (b) the standard retail price of prescribed fuels from being displayed in any order on a sign at a service station, or\n> > \n> > > (c) a sign at a service station from containing information about discounts and special offers on fuel, but only if the price of a prescribed fuel displayed on the sign is the standard retail price of the fuel.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Display of octane rating information for petrol","content":"#### 6 Display of octane rating information for petrol\n\n6 Display of octane rating information for petrol\n\n> > (1) The octane rating of any petrol supplied to consumers by means of a fuel pump at a service station must be displayed in 1 or more places on the fuel pump so that it is readily able to be seen by a person using a fuel dispenser at the fuel pump.\n> \n> > (2) The octane rating is the research octane number for the petrol rounded down to the next whole number and, in the case of a blend of petrol, is for the whole of the blend.\n> \n> > (3) The octane rating may be displayed by displaying a brand name that includes the octane rating of the petrol.\n> \n> > (4) In this clause, petrol means petrol as referred to in paragraph (a) of the definition of prescribed fuel in section 58 of the Act.","sortOrder":8},{"sectionNumber":"Division 1A","sectionType":"division","heading":"E-micromobility vehicles","content":"## Division 1A E-micromobility vehicles\n\nDivision 1A E-micromobility vehicles\n\n**pt 2, div 1A:** Ins 2025 (43), Sch 1.","sortOrder":9},{"sectionNumber":"6A","sectionType":"section","heading":"Information standard for e-micromobility vehicles","content":"#### 6A Information standard for e-micromobility vehicles\n\n6A Information standard for e-micromobility vehicles\n\n> > (1) For the Act, section 47C, the requirements of this division are prescribed as an information standard for the supply of e-micromobility vehicles.\n> \n> > (2) In this division—\n> > \n> > e-micromobility vehicle means an e-bike, electric scooter, self-balancing scooter or electric skateboard referred to as a declared electrical article in Government Gazette No 298 of 2 August 2024.\n> \n> **cl 6A:** Ins 2025 (43), Sch 1.","sortOrder":10},{"sectionNumber":"6B","sectionType":"section","heading":"Meaning of “e-micromobility vehicle information”","content":"#### 6B Meaning of “e-micromobility vehicle information”\n\n6B Meaning of “e-micromobility vehicle information”\n\n> For this division, e-micromobility vehicle information, in relation to the supply of an e-micromobility vehicle, means—\n> \n> > (a) the following identifying information—\n> > \n> > > (i) name,\n> > \n> > > (ii) brand,\n> > \n> > > (iii) product serial number,\n> > \n> > > (iv) particulars of an approval or recognised external approval under the [Gas and Electricity (Consumer Safety) Act 2017](/view/html/inforce/current/act-2017-015), section 16(4) or 20,\n> > \n> > > (v) applicable specifications set out in Government Gazette No 298 of 2 August 2024 that the product is required to comply with, and\n> \n> > (b) the following information—\n> > \n> > > (i) the maximum speed of the vehicle,\n> > \n> > > (ii) the weight of the vehicle,\n> > \n> > > (iii) if the vehicle is an e-bike—the maximum continued rated power of the e-bike, and\n> \n> > (c) the prescribed statement relating to applicable usage laws under clause 6D, and\n> \n> > (d) the following information in relation to electrical and fire safety—\n> > \n> > > (i) a warning to use only compatible batteries and chargers to reduce the risk of fire or other damage,\n> > \n> > > (ii) information about batteries and chargers that are compatible with the vehicle,\n> > \n> > > (iii) information about safe charging practices, including safe locations for charging, suitable charging durations and a warning against overcharging,\n> > \n> > > (iv) a list of high-risk charging practices that could cause a fire,\n> > \n> > > (v) a warning that a fire could result from modifying the vehicle,\n> > \n> > > (vi) warning signs indicating the risk of a fire starting and appropriate actions the consumer should take to avoid the risk of a fire,\n> > \n> > > (vii) a notice to call 000 if the battery starts smoking or sparking,\n> > \n> > > (viii) information about the safe storage of the vehicle and relevant accompanying products, including—\n> > > \n> > > > (A) how the vehicle and accompanying products should be stored to prevent environmental damage to the vehicle and products, and\n> > > \n> > > > (B) warnings against exposing the vehicle and accompanying products to heat or water for prolonged periods, and\n> \n> > (e) the following information in relation to disposal—\n> > \n> > > (i) if the battery in the vehicle can be safely separated from the vehicle—\n> > > \n> > > > (A) how the battery can be safely separated from the vehicle, and\n> > > \n> > > > (B) the prescribed statement relating to applicable disposal laws under clause 6E,\n> > \n> > > (ii) if the battery in the vehicle cannot be safely separated from the vehicle—the prescribed statement relating to applicable disposal laws under clause 6E, and\n> \n> > (f) the following safety information about the vehicle and the batteries and chargers supplied with the vehicle—\n> > \n> > > (i) a statement that the vehicle should not be used if the vehicle contains a damaged battery,\n> > \n> > > (ii) if applicable—other relevant safety information relating to battery or vehicle safety, and\n> \n> > (g) the following statement in relation to the intended use of the vehicle—\n> > \n> > **Before using this vehicle, check the applicable local laws relating to your intended use of the vehicle on roads, footpaths, shared paths, bicycle lanes and bicycle paths.**\n> \n> **cl 6B:** Ins 2025 (43), Sch 1.","sortOrder":11},{"sectionNumber":"6C","sectionType":"section","heading":"Provision of e-micromobility vehicle information","content":"#### 6C Provision of e-micromobility vehicle information\n\n6C Provision of e-micromobility vehicle information\n\n> > (1) A supplier of e-micromobility vehicles to consumers must, at the time of supply, give the consumer e-micromobility vehicle information in relation to the vehicle supplied.\n> \n> > (2) The information under subclause (1) must be given in a reasonable way that clearly conveys the information to the consumer.\n> > \n> > Examples of how information may be conveyed—\n> > \n> > physical or electronic manuals or safety booklets accompanying the vehicle\n> \n> > (3) The requirement to provide particulars under clause 6B(a)(iv) applies to suppliers from 1 August 2025.\n> \n> **cl 6C:** Ins 2025 (43), Sch 1.","sortOrder":12},{"sectionNumber":"6D","sectionType":"section","heading":"Display of information relating to applicable usage laws","content":"#### 6D Display of information relating to applicable usage laws\n\n6D Display of information relating to applicable usage laws\n\n> A supplier of e-micromobility vehicles must prominently display, on the supplier’s website and on or near an e-micromobility vehicle, before the time of supply, the following statement—\n> \n> **Before using this vehicle, check the applicable local laws relating to your intended use of the vehicle on roads and road related areas.**\n> \n> **cl 6D:** Ins 2025 (43), Sch 1.","sortOrder":13},{"sectionNumber":"6E","sectionType":"section","heading":"Display of information relating to applicable disposal laws","content":"#### 6E Display of information relating to applicable disposal laws\n\n6E Display of information relating to applicable disposal laws\n\n> A supplier of e-micromobility vehicles must give a consumer the following statement at the time of supply—\n> \n> **WARNING: Do not dispose of this vehicle or components of this vehicle in household or kerbside garbage bins.**\n> \n> **When disposing of this vehicle or components of this vehicle, check the applicable local waste and disposal laws.**\n> \n> **cl 6E:** Ins 2025 (43), Sch 1.","sortOrder":14},{"sectionNumber":"Division 2","sectionType":"division","heading":"Funeral goods and services","content":"## Division 2 Funeral goods and services\n\nDivision 2 Funeral goods and services","sortOrder":15},{"sectionNumber":"7","sectionType":"section","heading":"Information standard for funeral goods and services","content":"#### 7 Information standard for funeral goods and services\n\n7 Information standard for funeral goods and services\n\n> > (1) For the purposes of section 47C of the Act, the requirements of this Division are prescribed as an information standard for the supply of goods and services by a funeral director in relation to the burial or cremation of a body.\n> \n> > (2) In this Division—\n> > \n> > funeral director means a person who, in the conduct of the person’s business, arranges the collection, transport, storage, preparation or embalming of bodies for the purposes of the burial or cremation of bodies.\n> > \n> > funeral information, in relation to supply of goods and services by a funeral director in relation to the burial or cremation of a body, means the following—\n> > \n> > > (a) the price of each of the following—\n> > > \n> > > > (i) the transport of the body prior to burial or cremation,\n> > > \n> > > > (ii) the storage of the body at a mortuary or holding room,\n> > > \n> > > > (iii) the hire of a refrigeration plate,\n> > > \n> > > > (iv) each type of coffin, casket or shroud supplied or the price range of all coffins, caskets or shrouds supplied,\n> > > \n> > > > (v) the care and preparation of the body prior to burial or cremation,\n> > > \n> > > > (vi) a viewing of the body prior to burial or cremation,\n> > > \n> > > > (vii) the arrangement and conduct of a funeral service (including hire of the venue),\n> > > \n> > > > (viii) the burial or cremation of the body,\n> > \n> > > (b) the location of the mortuary or crematorium used by the funeral director,\n> > \n> > > (c) if the funeral director uses a mortuary or crematorium that is not owned or managed by the funeral director, the name of the owner or manager,\n> > \n> > > (d) a reasonable estimate of the following disbursements—\n> > > \n> > > > (i) the cost of obtaining of a death certificate from the Registrar of Births, Deaths and Marriages,\n> > > \n> > > > (ii) the cost of obtaining any certificate or permit required under the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062) or the [Public Health Act 2010](/view/html/inforce/current/act-2010-127) in relation to the body,\n> > > \n> > > > (iii) any fee charged by a cemetery or crematorium in relation to the burial or cremation of a body,\n> > \n> > > (e) the price of the least expensive package for the burial or cremation of a body supplied by the funeral director,\n> > \n> > > (f) how a body is transported prior to burial or cremation.","sortOrder":16},{"sectionNumber":"8","sectionType":"section","heading":"Display and provision of funeral information to prospective consumers","content":"#### 8 Display and provision of funeral information to prospective consumers\n\n8 Display and provision of funeral information to prospective consumers\n\n> > (1) A funeral director must prominently display the funeral information in relation to the goods and services supplied by the funeral director—\n> > \n> > > (a) at each place of business of the funeral director, and\n> > \n> > > (b) on any public website maintained by the funeral director.\n> \n> > (2) A funeral director must provide a person with the funeral information in relation to the goods and services supplied by the funeral director—\n> > \n> > > (a) within 48 hours after receiving a request from the person for information about the burial or cremation of a body (or within another period agreed between the person and the funeral director), and\n> > \n> > > (b) before entering into an agreement with the person for the supply of goods and services in relation to the burial or cremation of a body, but only if the person has not already been provided with the funeral information.","sortOrder":17},{"sectionNumber":"9","sectionType":"section","heading":"Provision of information to consumers","content":"#### 9 Provision of information to consumers\n\n9 Provision of information to consumers\n\n> Before entering into an agreement with a person for the supply of goods and services in relation to the burial or cremation of a body, a funeral director must provide the following information to the person—\n> \n> > (a) the price of each of the particular goods and services that will be supplied to the person under the agreement,\n> \n> > (b) the cost of any disbursements that will be payable by the person under the agreement,\n> \n> > (c) the total amount payable under the agreement.","sortOrder":18},{"sectionNumber":"10","sectionType":"section","heading":"Effect of Division","content":"#### 10 Effect of Division\n\n10 Effect of Division\n\n> This Division does not prevent a funeral director from supplying—\n> \n> > (a) any goods and services in relation to the burial or cremation of a body not referred to in this Division, or\n> \n> > (b) goods and services in relation to the burial or cremation of a body in the form of a package.","sortOrder":19},{"sectionNumber":"11","sectionType":"section","heading":"Transitional provision","content":"#### 11 Transitional provision\n\n11 Transitional provision\n\n> > (1) The information standard specified in this Division applies to the supply of goods and services by a funeral director in relation to the burial or cremation of a body from 1 February 2020.\n> \n> > (2) The information standard specified in Division 2 of Part 3 of the [Fair Trading Regulation 2012](/view/html/repealed/current/sl-2012-0427), as in force immediately before 1 September 2019, continues to apply to the supply of funeral goods and services until 31 January 2020 as if it were an information standard prescribed under section 47C of the Act.","sortOrder":20},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Short-term rental accommodation industry code of conduct","content":"# Part 2A Short-term rental accommodation industry code of conduct\n\nPart 2A Short-term rental accommodation industry code of conduct\n\n**pt 2A:** Ins 2020 (634), Sch 1\\[1\\] (am 2020 (635), cl 3).","sortOrder":21},{"sectionNumber":"11A","sectionType":"section","heading":"Declaration of code of conduct applying to short-term rental accommodation industry participants","content":"#### 11A Declaration of code of conduct applying to short-term rental accommodation industry participants\n\n11A Declaration of code of conduct applying to short-term rental accommodation industry participants\n\n> For the purposes of the Act, section 54B(1), the Code of Conduct for the Short-term Rental Accommodation Industry, published in the Gazette on 22 October 2021, is declared.\n> \n> **cl 11A:** Ins 2020 (634), Sch 1\\[1\\] (am 2020 (635), cl 3). Subst 2021 (250), cl 3. Am 2021 (615), sec 3.","sortOrder":22},{"sectionNumber":"11B","sectionType":"section","heading":"Additional class of short-term rental accommodation industry participants","content":"#### 11B Additional class of short-term rental accommodation industry participants\n\n11B Additional class of short-term rental accommodation industry participants\n\n> > (1) Persons who provide property management services for residential premises subject to a short-term rental accommodation arrangement are prescribed for the purposes of paragraph (e) of the definition of short-term rental accommodation industry participant in section 54A of the Act.\n> \n> > (2) For the purposes of subclause (1), property management services include creating listings, rental pricing, guest vetting and communications and check-in services.\n> \n> **cll 11B–11F:** Ins 2020 (634), Sch 1\\[1\\] (am 2020 (635), cl 3).","sortOrder":23},{"sectionNumber":"11C","sectionType":"section","heading":"Excluded arrangements","content":"#### 11C Excluded arrangements\n\n11C Excluded arrangements\n\n> > (1) The following are excluded from the definition of short-term rental accommodation arrangement in section 54A of the Act—\n> > \n> > > (a) an arrangement under which a person is given the right to occupy—\n> > > \n> > > > (i) tourist and visitor accommodation within the meaning of the standard instrument prescribed by the [Standard Instrument (Local Environmental Plans) Order 2006](/view/html/inforce/current/epi-2006-0155), or\n> > > > \n> > > > Note.\n> > > > \n> > > > Tourist and visitor accommodation includes backpackers’ accommodation, hotel or motel accommodation and serviced apartments.\n> > > \n> > > > (ii) a registrable boarding house within the meaning of the [Boarding Houses Act 2012](/view/html/inforce/current/act-2012-074), or\n> > > \n> > > > (iii) a holiday park within the meaning of the [Holiday Parks (Long-term Casual Occupation) Act 2002](/view/html/inforce/current/act-2002-088),\n> > \n> > > (b) an arrangement under which a person resides or is permitted to reside in refuge or crisis accommodation provided by—\n> > > \n> > > > (i) a public authority (including the Department of Communities and Justice, the New South Wales Land and Housing Corporation or the Aboriginal Housing Office), or\n> > > \n> > > > (ii) a community housing provider registered under the [Community Housing Providers National Law (NSW)](/view/html/inforce/current/act-2012-59a), or\n> > > \n> > > > (iii) any other body funded wholly or partly by the Commonwealth or the State,\n> > \n> > > (c) an arrangement under which a person resides or is permitted to reside in disability accommodation,\n> > \n> > > (d) any other arrangement under which a person resides or is permitted to reside in temporary accommodation provided or funded wholly or partly by the Department of Communities and Justice.\n> \n> > (2) In this clause—\n> > \n> > disability has the same meaning as in the [Disability Inclusion Act 2014](/view/html/inforce/current/act-2014-041).\n> > \n> > disability accommodation means accommodation that is designed for a person with a disability who is receiving disability assistance, and includes (but is not limited to) specialist disability accommodation within the meaning of the [National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > disability assistance means one or more of the following forms of assistance provided to a person with a disability by another person or body, whether permanently or not,—\n> > \n> > > (a) assistance to help the person undertake the person’s day-to-day activities,\n> > \n> > > (b) assistance to increase the person’s independence,\n> > \n> > > (c) assistance to facilitate the person’s social and economic inclusion in the community.\n> \n> **cll 11B–11F:** Ins 2020 (634), Sch 1\\[1\\] (am 2020 (635), cl 3).","sortOrder":24},{"sectionNumber":"11D","sectionType":"section","heading":"Appeal against listing on exclusion register","content":"#### 11D Appeal against listing on exclusion register\n\n11D Appeal against listing on exclusion register\n\n> > (1) A person whose details have been listed on the exclusion register referred to in section 54B(2)(g) of the Act may apply to the departmental Secretary to have the person’s details removed from the register.\n> \n> > (2) An application must be in writing and specify the grounds for removing the person’s details from the exclusion register.\n> \n> > (3) The departmental Secretary is, within 28 days of receiving an application, to determine the application by deciding—\n> > \n> > > (a) to remove the person’s details from the exclusion register, or\n> > \n> > > (b) to maintain the person’s listing on the register.\n> \n> > (4) The departmental Secretary is to notify the person in writing of the Secretary’s decision as soon as practicable after it is made.\n> \n> > (5) The notice is to include the reasons for the departmental Secretary’s decision.\n> \n> > (6) The departmental Secretary may delegate the Secretary’s functions under this clause to any other person employed in the Department of Customer Service.\n> \n> > (7) In this clause, departmental Secretary means the Secretary of the Department of Customer Service.\n> \n> **cll 11B–11F:** Ins 2020 (634), Sch 1\\[1\\] (am 2020 (635), cl 3).","sortOrder":25},{"sectionNumber":"11E","sectionType":"section","heading":"Fees","content":"#### 11E Fees\n\n11E Fees\n\n> > (1) The Secretary may, for the purposes of recovering the costs incurred by the Secretary in connection with the enforcement and administration of the code of conduct declared under this Part, impose fees on short-term rental accommodation industry participants.\n> \n> > (2) The Secretary may determine the amount of the fees to be paid and the times when they are payable.\n> \n> > (3) Any fee imposed under this clause may be recovered by the Secretary as a debt due to the Crown.\n> \n> **cll 11B–11F:** Ins 2020 (634), Sch 1\\[1\\] (am 2020 (635), cl 3).","sortOrder":26},{"sectionNumber":"11F","sectionType":"section","heading":"Civil penalty for contravention of code of conduct","content":"#### 11F Civil penalty for contravention of code of conduct\n\n11F Civil penalty for contravention of code of conduct\n\n> > (1) For the purposes of section 54D(2)(a) of the Act, a monetary penalty is not to exceed 10,000 penalty units, in the case of a corporation, and 2,000 penalty units, in any other case.\n> \n> > (2) The Local Court and the Supreme Court are prescribed for the purposes of section 54D(5) of the Act.\n> \n> > (3) Despite subclause (1), a monetary penalty imposed by the Local Court under section 54D of the Act is not to exceed 200 penalty units.\n> \n> **cll 11B–11F:** Ins 2020 (634), Sch 1\\[1\\] (am 2020 (635), cl 3).","sortOrder":27},{"sectionNumber":"Part 2B","sectionType":"part","heading":"Regulation of commercial agents","content":"# Part 2B Regulation of commercial agents\n\nPart 2B Regulation of commercial agents\n\n**pt 2B:** Ins 2022 (65), Sch 1\\[1\\].","sortOrder":28},{"sectionNumber":"11G","sectionType":"section","heading":"Disqualified persons—Act, s 60A(2)","content":"#### 11G Disqualified persons—Act, s 60A(2)\n\n11G Disqualified persons—Act, s 60A(2)\n\n> For the purposes of the Act, section 60A(2), definition of relevant offence, paragraph (d), the following offences are declared to be relevant offences—\n> \n> > (a) an offence against the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), Part 3, Division 10, 10A, 14, 14A or 15, section 93T, Part 4 or section 351A or against corresponding provisions of a law of the Commonwealth or of another State or Territory,\n> \n> > (b) an offence against the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080), section 13 or against corresponding provisions of a law of the Commonwealth or of another State or Territory, or\n> \n> > (c) an offence against the [Privacy Act 1988](http://www.legislation.gov.au/) of the Commonwealth, section 13G,\n> \n> > (d) an offence against the [Security Industry Act 1997](/view/html/inforce/current/act-1997-157) or against corresponding provisions of a law of the Commonwealth or of another State or Territory,\n> \n> > (e) an offence against the [Surveillance Devices Act 2007](/view/html/inforce/current/act-2007-064), Part 2 or 5 or against corresponding provisions of a law of the Commonwealth or of another State or Territory that provide for the authorisation of the use of surveillance devices.\n> \n> **cl 11G:** Ins 2022 (65), Sch 1\\[1\\].","sortOrder":29},{"sectionNumber":"11H","sectionType":"section","heading":"Fit and proper person—Act, s 60D(3)(d)","content":"#### 11H Fit and proper person—Act, s 60D(3)(d)\n\n11H Fit and proper person—Act, s 60D(3)(d)\n\n> > (1) For the purposes of the Act, section 60D(3)(d), the following grounds are prescribed—\n> > \n> > > (a) the person is a mentally incapacitated person,\n> > \n> > > (b) the person is disqualified from holding a licence, permit or other authority under legislation administered by the Minister,\n> > \n> > > (c) the person has failed to pay a monetary penalty imposed on the person under the Act, Part 5 or has failed to comply with a direction given by the Secretary under the Part and the failure to pay the penalty or comply with the direction continues,\n> > \n> > > (d) the person has been the holder of a commercial agent licence issued under the Act that—\n> > > \n> > > > (i) has, within the previous 5 years, been cancelled and the person has not held a licence since the cancellation, or\n> > > \n> > > > (ii) is suspended and the period of the suspension has not expired,\n> > \n> > > (e) the person was the holder of a master licence for process serving, a master licence for debt collection or a master licence for repossession of goods under the repealed Act that was, within the previous 5 years before its repeal—\n> > > \n> > > > (i) cancelled under the repealed Act, section 10(1) and the person has not held a licence since the cancellation, or\n> > > \n> > > > (ii) suspended under the repealed Act, section 10(4) and the period of the suspension has not expired,\n> > \n> > > (f) the person was the holder of an operator licence for process serving, an operator licence for debt collection or an operator licence for repossession of goods under the repealed Act that was, within the previous 5 years before its repeal—\n> > > \n> > > > (i) cancelled under the repealed Act, section 17(1) and the person has not held a licence since the cancellation, or\n> > > \n> > > > (ii) suspended under the repealed Act, section 17(4) and the period of the suspension has not expired.\n> \n> > (2) In this clause—\n> > \n> > repealed Act means the [Commercial Agents and Private Inquiry Agents Act 2004](/view/html/repealed/current/act-2004-070).\n> \n> **cl 11H:** Ins 2022 (65), Sch 1\\[1\\].","sortOrder":30},{"sectionNumber":"11I","sectionType":"section","heading":"Fees for commercial agent licences—Act, s 60E(5)","content":"#### 11I Fees for commercial agent licences—Act, s 60E(5)\n\n11I Fees for commercial agent licences—Act, s 60E(5)\n\n> > (1) The application fees payable for the purposes of the Act are listed in Schedule 2, Part 1.\n> \n> > (2) An amount specified for an application fee in Schedule 2, Part 1, Column 3 under the heading **Processing component** is taken to be a fee to cover the costs incurred by the Secretary in processing the application.\n> > \n> > Note—\n> > \n> > This amount is consequently a processing fee for the purposes of the [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028), Part 2. If an application is refused or withdrawn, the applicant is entitled to a refund of all fees paid, other than the processing fee.\n> \n> > (3) The total application fee is set out in Schedule 2, Part 1, Column 4.\n> \n> > (4) The Secretary may waive or refund, in whole or in part, a fee payable or paid under the Act or this regulation if the Secretary is satisfied it is appropriate because—\n> > \n> > > (a) the person who must pay, or has paid, the fee is suffering financial hardship, or\n> > \n> > > (b) special circumstances exist.\n> > > \n> > > Examples of special circumstances—\n> > > \n> > > circumstances involving a natural disaster or recovery from a natural disaster\n> \n> **cl 11I:** Ins 2022 (65), Sch 1\\[1\\]. Am 2023 (296), Sch 1\\[1\\].","sortOrder":31},{"sectionNumber":"11J","sectionType":"section","heading":"Register—commercial agent licences—Act, s 60J(1)","content":"#### 11J Register—commercial agent licences—Act, s 60J(1)\n\n11J Register—commercial agent licences—Act, s 60J(1)\n\n> For the purposes of the Act, section 60J(1), the Secretary must enter and keep in the Register the following particulars for each commercial agent licence issued under the Act—\n> \n> > (a) if the licence holder is an individual—the name and business address of the licence holder,\n> \n> > (b) if the licence holder is a corporation—\n> > \n> > > (i) the name, business address and Australian Company Number of the corporation, and\n> > \n> > > (ii) the name and business address of each officer of the corporation,\n> \n> > (c) whether the licence holder is a member of a partnership that carries on business,\n> \n> > (d) the number of the licence,\n> \n> > (e) the dates of issue and expiry of the licence,\n> \n> > (f) whether the licence is current, expired, suspended or cancelled,\n> \n> > (g) a condition of the licence under the Act, section 60E(4)(f), if any.\n> \n> **cl 11J:** Ins 2022 (65), Sch 1\\[1\\].","sortOrder":32},{"sectionNumber":"11K","sectionType":"section","heading":"Register—licence applications refused and licences cancelled—Act, s 60J(1)","content":"#### 11K Register—licence applications refused and licences cancelled—Act, s 60J(1)\n\n11K Register—licence applications refused and licences cancelled—Act, s 60J(1)\n\n> > (1) For the purposes of the Act, section 60J(1), the Secretary must enter and keep in the Register the following particulars—\n> > \n> > > (a) particulars of each application for a commercial agent licence that is refused on the grounds the applicant is not a fit and proper person to hold a licence,\n> > \n> > > (b) for each licence cancelled under the Act, Part 5—\n> > > \n> > > > (i) the name and business address of the person whose licence has been cancelled, and\n> > > \n> > > > (ii) the date on which it was cancelled, and\n> > > \n> > > > (iii) the reason for which it was cancelled.\n> \n> > (2) The Secretary must remove the particulars from the Register in the following circumstances—\n> > \n> > > (a) for an application that is refused—\n> > > \n> > > > (i) on the subsequent grant of a licence to the applicant, or\n> > > \n> > > > (ii) if a licence is not granted—on the expiration of the period of 10 years after the application was refused if the Secretary is of the opinion it is no longer necessary or desirable to retain the information,\n> > \n> > > (b) for a licence that is cancelled—on the expiration of the period of 10 years after the date on which the licence was cancelled.\n> \n> **cl 11K:** Ins 2022 (65), Sch 1\\[1\\].","sortOrder":33},{"sectionNumber":"11L","sectionType":"section","heading":"Register—convictions, exclusion orders and restriction orders—Act, s 60J(1)","content":"#### 11L Register—convictions, exclusion orders and restriction orders—Act, s 60J(1)\n\n11L Register—convictions, exclusion orders and restriction orders—Act, s 60J(1)\n\n> > (1) For the purposes of the Act, section 60J(1), the Secretary must enter and keep in the Register the following particulars—\n> > \n> > > (a) for each conviction for an offence against the Act—\n> > > \n> > > > (i) the name and business address of the person convicted, and\n> > > \n> > > > (ii) the nature of the conviction and sentencing order made,\n> > \n> > > (b) for each exclusion order or restriction order made under the Act, Part 5—\n> > > \n> > > > (i) the name and business address of the person subject to the exclusion order or restriction order, and\n> > > \n> > > > (ii) details of the exclusion order or restriction order.\n> \n> > (2) The Secretary must remove the particulars from the Register on the expiration of the period of 10 years after the date on which—\n> > \n> > > (a) the person was convicted, or\n> > \n> > > (b) the order was made.\n> \n> **cl 11L:** Ins 2022 (65), Sch 1\\[1\\].","sortOrder":34},{"sectionNumber":"11M","sectionType":"section","heading":"Commercial agent rules—Act, s 60K(1)","content":"#### 11M Commercial agent rules—Act, s 60K(1)\n\n11M Commercial agent rules—Act, s 60K(1)\n\n> For the purposes of the Act, section 60K(1), the commercial agent rules set out in Schedule 3 are prescribed as the commercial agent rules to be observed in the course of carrying out commercial agent activities.\n> \n> **cl 11M:** Ins 2022 (65), Sch 1\\[1\\].","sortOrder":35},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":36},{"sectionNumber":"12","sectionType":"section","heading":"Industry code of conduct for motor vehicle insurers and repairers","content":"#### 12 Industry code of conduct for motor vehicle insurers and repairers\n\n12 Industry code of conduct for motor vehicle insurers and repairers\n\n> > (1) For the purposes of section 53(1) of the Act, the Motor Vehicle Insurance and Repair Industry Code of Conduct (the Code) published in the Gazette on 21 July 2017 at pages 4192–4216 is declared to be an applicable industry code of conduct.\n> > \n> > Note.\n> > \n> > The Code is available on the website maintained by NSW Fair Trading.\n> \n> > (2) For the purposes of section 53(2)(a) of the Act, the following classes of motor vehicles are excluded from the application of the provisions of the Code relating to the repair of any such motor vehicles that are or may be damaged—\n> > \n> > > (a) motor vehicles owned or used by the repairer,\n> > \n> > > (b) motor vehicles not registered in New South Wales, except when repaired in New South Wales.\n> \n> > (3) For the purposes of section 53(2)(b) of the Act, any provisions of the Code in so far as they relate to any of the following are excluded and the declaration under subclause (1) does not apply to those provisions—\n> > \n> > > (a) the Code or its application being voluntary,\n> > \n> > > (b) the signatories to the Code and the process by which the signatories are bound,\n> > \n> > > (c) any other incidental matters.","sortOrder":37},{"sectionNumber":"13","sectionType":"section","heading":"Exceptions to gift card expiry date requirements","content":"#### 13 Exceptions to gift card expiry date requirements\n\n13 Exceptions to gift card expiry date requirements\n\n> > (1) For the purposes of section 58M(3)(a) of the Act, Part 4B of the Act does not apply to any of the following classes of gift cards—\n> > \n> > > (a) an ATM card, charge card, credit card or debit card,\n> > \n> > > (b) a reloadable prepaid card,\n> > \n> > > (c) a non-reloadable prepaid card sold during the period commencing on 31 March 2018 and ending at the end of 30 September 2018,\n> > \n> > > (d) a card or voucher redeemable only for phone credit, internet access or any other utility,\n> > \n> > > (e) a card or voucher supplied in substitution for goods returned to the supplier of the goods,\n> > \n> > > (f) a card or voucher supplied as part of a customer loyalty or employee rewards program,\n> > \n> > > (g) a card or voucher supplied as part of a temporary marketing promotion to the purchaser of goods or services in connection with the purchase of the goods or services,\n> > \n> > > (h) a card or voucher sold for use in a fundraising appeal within the meaning of the [Charitable Fundraising Act 1991](/view/html/inforce/current/act-1991-069),\n> > \n> > > (i) a card or voucher redeemable only for a particular good or service available for a limited period (such as entry to an exhibition or a live performance) that expires at the end of that period,\n> > \n> > > (j) a card or voucher redeemable only for a particular good or service that is sold at a discount on the market value of the good or service that a reasonable person would consider to be a genuine discount on the market value of the good or service.\n> \n> > (2) In this clause—\n> > \n> > prepaid card means a prepaid card that is redeemable for goods or services through an electronic payment system under a scheme such as EFTPOS Prepaid, Visa Prepaid or MasterCard Prepaid.","sortOrder":38},{"sectionNumber":"13A","sectionType":"section","heading":"Monetary limit on Tribunal’s jurisdiction to make certain orders","content":"#### 13A Monetary limit on Tribunal’s jurisdiction to make certain orders\n\n13A Monetary limit on Tribunal’s jurisdiction to make certain orders\n\n> For the Act, section 79S(7), definition of prescribed amount, the amount of $100,000 is prescribed.\n> \n> **cl 13A:** Ins 2022 (385), sec 3.","sortOrder":39},{"sectionNumber":"13AB","sectionType":"section","heading":"Publication of penalty notices for public access","content":"#### 13AB Publication of penalty notices for public access\n\n13AB Publication of penalty notices for public access\n\n> For the Act, section 17AA(1)(f), information about a penalty notice issued to a licence holder or trader under the Act or any other legislation administered by the Minister is prescribed as information the Secretary may publish.\n> \n> **cl 13AB:** Ins 2025 (581), Sch 1.","sortOrder":40},{"sectionNumber":"13B","sectionType":"section","heading":"Information sharing","content":"#### 13B Information sharing\n\n13B Information sharing\n\n> For the Act, section 17AB(2)(d), information about the matters set out in Schedule 1A is prescribed.\n> \n> **cl 13B:** Ins 2022 (732), Sch 1\\[1\\].","sortOrder":41},{"sectionNumber":"14","sectionType":"section","heading":"Savings","content":"#### 14 Savings\n\n14 Savings\n\n> Any act, matter or thing that, immediately before the repeal of the [Fair Trading Regulation 2012](/view/html/repealed/current/sl-2012-0427), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":42},{"sectionNumber":"15","sectionType":"section","heading":"Provision consequent on enactment of Fair Trading Amendment (Commercial Agents) Act 2016 No 52—Act, Schedule 5, cl 1A(4)","content":"#### 15 Provision consequent on enactment of Fair Trading Amendment (Commercial Agents) Act 2016 No 52—Act, Schedule 5, cl 1A(4)\n\n15 Provision consequent on enactment of [Fair Trading Amendment (Commercial Agents) Act 2016 No 52](/view/html/inforce/current/act-2016-052)—Act, Schedule 5, cl 1A(4)\n\n> > (1) For the purposes of the Act, Schedule 5, clause 1A(4), on the commencement of the [Fair Trading Amendment (Commercial Agents) Act 2016](/view/html/inforce/current/act-2016-052), a person is taken to hold a commercial agent licence under the Act if—\n> > \n> > > (a) the person held, under the repealed Act, a master licence or an operator licence for debt collection, process serving or repossession of goods that was in force on 30 June 2022, and\n> > \n> > > (b) from 30 June 2022 the person has carried out one or more commercial agent activities, and\n> > \n> > > (c) for the purposes of carrying out a commercial agent activity, the person has engaged in conduct that would otherwise constitute an offence under the Act, section 60C.\n> \n> > (2) A licence held under subsection (1) is taken to expire on whichever date is the sooner of the following—\n> > \n> > > (a) the expiry of the period during which the licence granted under the repealed Act would, but for the repeal of that Act, have had effect,\n> > \n> > > (b) 30 June 2023.\n> \n> > (3) In this clause—\n> > \n> > repealed Act means the [Commercial Agents and Private Inquiry Agents Act 2004](/view/html/repealed/current/act-2004-070).\n> \n> **cl 15:** Ins 2022 (65), Sch 1\\[2\\].","sortOrder":43},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 1 Penalty notice offences\n\nSchedule 1 Penalty notice offences\n\nFor the purposes of section 67 of the Act—\n\n> (a) each offence specified in this Schedule is an offence for which a penalty notice may be issued, and\n\n> (b) the amount payable under any such penalty notice is the amount specified in this Schedule for the offence.\n\n| Column 1 | Column 2 | Column 3 |\n| Provision | Penalty for an individual | Penalty for a corporation |\n| Offences under the Australian Consumer Law (NSW) |\n| Section 151(1) | $750 | $5,500 |\n| Section 152(1) | $750 | $5,500 |\n| Section 153(1) | $750 | $5,500 |\n| Section 154(2) | $750 | $5,500 |\n| Section 155(1) | $750 | $5,500 |\n| Section 156(1) | $750 | $5,500 |\n| Section 157(1) and (2) | $750 | $5,500 |\n| Section 158(7) | $750 | $5,500 |\n| Section 159(1) and (2) | $750 | $5,500 |\n| Section 161(1), (3) and (4) | $750 | $5,500 |\n| Section 162(1)–(3) | $750 | $5,500 |\n| Section 163(1) and (2) | $750 | $5,500 |\n| Section 164(1) and (2) | $750 | $5,500 |\n| Section 165(1) | $150 | $1,100 |\n| Section 166(1) | $750 | $5,500 |\n| Section 167(1) | $750 | $5,500 |\n| Section 169(1) | $550 | $3,300 |\n| Section 170(1) | $550 | $3,300 |\n| Section 171(1) | $550 | $3,300 |\n| Section 172(1) and (2) | $550 | $3,300 |\n| Section 173(1) | $550 | $3,300 |\n| Section 174(1) and (2) | $550 | $3,300 |\n| Section 175(1) | $550 | $3,300 |\n| Section 176(1) | $550 | $3,300 |\n| Section 177(1) | $550 | $3,300 |\n| Section 178(1) | $550 | $3,300 |\n| Section 179(1) | $550 | $3,300 |\n| Section 180(1) | $550 | $3,300 |\n| Section 181(1) and (2) | $550 | $3,300 |\n| Section 182(1) and (2) | $550 | $3,300 |\n| Section 183(1) | $550 | $3,300 |\n| Section 188(1) | $350 | $2,200 |\n| Section 189(1) and (3) | $350 | $2,200 |\n| Section 191(1) | $350 | $2,200 |\n| Section 192(1) | $550 | $3,300 |\n| Section 193(1) | $550 | $3,300 |\n| Section 194(1)–(3) and (5) | $750 | $5,500 |\n| Section 195(1) and (2) | $750 | $5,500 |\n| Section 196(1) | $150 | $1,100 |\n| Section 197(1)–(3) and (5) | $750 | $5,500 |\n| Section 198(1) and (2) | $750 | $5,500 |\n| Section 199(1) and (2) | $750 | $5,500 |\n| Section 200(1) | $150 | $1,100 |\n| Section 201(1) and (2) | $150 | $1,100 |\n| Section 202(1) | $150 | $1,100 |\n| Section 203(1)–(3) | $750 | $5,500 |\n| Section 204(1) and (2) | $750 | $5,500 |\n| Section 205(1) | $150 | $1,100 |\n| Section 206(1) | $150 | $1,100 |\n| Offences under the Fair Trading Act 1987 |\n| Section 20(3)(a) | $550 | $1,100 |\n| Section 23(1) | $550 | $1,100 |\n| Section 45 | $550 | $1,100 |\n| Section 47A(1) | $550 | $1,100 |\n| Section 47B(1) | $550 | $1,100 |\n| Section 47D(1) | $550 | $1,100 |\n| Section 49(1) | $550 | $1,100 |\n| Section 54C | $550 | $1,100 |\n| Section 58(4) | $550 | $1,100 |\n| Section 58G(1) | $550 | $1,100 |\n| Section 58H(1) | $550 | $1,100 |\n| Section 58I(1) | $550 | $1,100 |\n| Section 58K(1) | $550 | $1,100 |\n| Section 58L(7) | $550 | $1,100 |\n| Section 58N(1) and (2) | $550 | $1,100 |\n| Section 60B | $1,100 | $5,500 |\n| Section 60C(1) | $1,100 | $5,500 |\n| Section 60C(2) | $1,100 | $5,500 |\n| Section 60C(3) | $550 | $1,100 |\n| Section 60G(4) | $1,100 | $5,500 |\n| Section 60K(3) | $550 | $1,100 |\n| Section 60K(4) | $550 | $1,100 |\n| Section 60K(5) | $550 | $1,100 |\n| Section 86AB(2) | $550 | $1,100 |\n\n**sch 1:** Am 2020 (255), cl 3; 2020 (634), Sch 1\\[2\\]; 2022 (65), Sch 1\\[3\\].","sortOrder":44},{"sectionNumber":"Schedule 1A","sectionType":"schedule","heading":"Information sharing","content":"# Schedule 1A Information sharing\n\nSchedule 1A Information sharing\n\nclause 13B\n\n**sch 1A:** Ins 2022 (732), Sch 1\\[2\\].","sortOrder":45},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Fees","content":"# Schedule 2 Fees\n\nSchedule 2 Fees\n\nclause 11I\n\n**sch 2:** Ins 2022 (65), Sch 1\\[4\\]. Am 2023 (296), Sch 1\\[2\\].","sortOrder":57},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Commercial agent rules","content":"# Schedule 3 Commercial agent rules\n\nSchedule 3 Commercial agent rules\n\nclause 11M\n\n**sch 3:** Ins 2022 (65), Sch 1\\[4\\].","sortOrder":64},{"sectionNumber":"16","sectionType":"section","heading":"Records to be kept for at least 3 years","content":"#### 16 Records to be kept for at least 3 years\n\n16 Records to be kept for at least 3 years\n\n> A record required to be kept by the Act or this Regulation must be kept for a period of not less than 3 years from the date on which the record was created.","sortOrder":80},{"sectionNumber":"17","sectionType":"section","heading":"Unclaimed trust money","content":"#### 17 Unclaimed trust money\n\n17 Unclaimed trust money\n\n> > If money has been held by a commercial agent for more than 2 years in a trust account kept by the commercial agent under clause 14 (unclaimed money), the commercial agent must make reasonable efforts to—\n> > \n> > > (a) identify and locate the owner of the unclaimed money, and\n> > \n> > > (b) if the owner has been identified and located—ensure the unclaimed money is paid to the owner as soon as practicable after locating the owner.","sortOrder":81},{"sectionNumber":"18","sectionType":"section","heading":"Agent must not employ or engage disqualified persons","content":"#### 18 Agent must not employ or engage disqualified persons\n\n18 Agent must not employ or engage disqualified persons\n\n> > (1) A commercial agent must take all reasonable steps to ensure the commercial agent does not employ or otherwise engage a disqualified person to carry out a commercial agent activity.\n> \n> > (2) A commercial agent must notify the Secretary in writing within 7 days of becoming aware a person employed or otherwise engaged by the commercial agent to carry out a commercial agent activity is a disqualified person.","sortOrder":82},{"sectionNumber":"19","sectionType":"section","heading":"Complaints","content":"#### 19 Complaints\n\n19 Complaints\n\n> A commercial agent must take all reasonable steps to resolve a complaint made to the commercial agent concerning the carrying out of a commercial agent activity by the commercial agent or an employee or agent of the commercial agent.","sortOrder":83}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The 2019 Regulation originally replaced the 2012 version with a narrow focus on information standards for fuel price signs (cll 4-6) and funeral goods/services (cll 7-11). Its scope has substantially expanded beyond that intent through later insertions covering e-micromobility vehicle safety information (Div 1A, 2025), a binding short-term rental industry code with exclusion registers and appeals (Part 2A, 2020/2021), full licensing, disqualification, register and conduct rules for commercial agents (Part 2B and Sch 3, 2022), information sharing (cl 13B and Sch 1A), updated penalty notices, gift card exceptions (cl 13), and Tribunal monetary limits."},"complexity_factors":["Multiple distinct parts and divisions regulating unrelated sectors (fuel signs in Div 1, e-micromobility in Div 1A inserted 2025, funerals in Div 2, short-term rentals in Part 2A, commercial agents in Part 2B)","Heavy cross-referencing to the Fair Trading Act 1987 (e.g. ss 47C, 54B, 60A, 60K), Interpretation Act 1987, and external instruments like Government Gazette No 298 of 2 August 2024","Nested definitions, subclauses and exceptions (e.g. cl 5(4) exceptions to sign rules, cl 11C lengthy list of excluded short-term rental arrangements referencing multiple other Acts)","Detailed schedules with tables (Sch 1 penalty amounts for dozens of ACL and FTA offences, Sch 2 fee units with CPI inflation adjustments in Part 2, Sch 3's 19 prescriptive commercial agent rules)","Transitional, savings and commencement provisions (cl 2, cl 11, cl 14, cl 15) plus frequent amendment history (e.g. 2020, 2022, 2025 insertions)","Conditional logic throughout (e.g. different display rules if >4 fuels supplied in cl 5(1)(b), battery separability tests in cl 6B(e))"],"plain_english_summary":"**The Fair Trading Regulation 2019** sets clear rules for businesses in New South Wales to protect consumers by requiring honest information and fair practices. It mandates that service stations display fuel prices (like petrol and diesel) on visible signs with no other prices allowed, and show the octane rating on pumps. Suppliers of e-micromobility vehicles (e-bikes, electric scooters, skateboards) must provide detailed safety info including maximum speed, weight, battery warnings, fire risks, charging instructions, a 'call 000 if smoking' notice, and statements about checking local usage and disposal laws (no household bins). Funeral directors must prominently display and give pricing for transport, storage, coffins, preparation, services, plus estimates for certificates and fees, the cheapest package option, and how bodies are moved. A code of conduct applies to short-term rental participants (hosts, platforms, property managers) with an exclusion register for bad actors. Commercial agents (debt collectors, process servers, repossessors) need licences, must follow strict conduct rules (no violence, no entering homes without consent, contact only in reasonable hours, no chasing statute-barred debts), keep trust accounts, and avoid employing disqualified people. The regulation lists penalty notice amounts (e.g. $750 for individuals breaching many Australian Consumer Law rules), licence fees, information-sharing categories, and exceptions for gift card expiry laws. It matters because it gives consumers clear pricing and safety details before buying, stops unfair tactics in sensitive areas like funerals or debt collection, and lets regulators enforce standards across these sectors."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the regulation's scope has changed from its original intent. The metadata shows it has been amended frequently, which may indicate scope changes over time, but this cannot be confirmed from the information available."},"complexity_factors":["Only metadata and status information was provided — no substantive provisions are visible, limiting assessment of true legal complexity","Multiple amendments over the regulation's life (11 versions in ~6 years) suggest evolving and potentially layered obligations","The regulation operates as subordinate legislation beneath a parent Act, requiring readers to cross-reference both documents to understand the full legal picture","Staged repeal mechanism under the Subordinate Legislation Act 1989 adds a layer of temporal complexity — the regulation has a built-in expiry date","Fair trading law as a field can involve complex consumer protection concepts, but without the actual provisions this cannot be fully assessed"],"plain_english_summary":"## Fair Trading Regulation 2019 (NSW)\n\n**What is this?**\nThis is a NSW government regulation (a type of law made by the executive government rather than Parliament directly) that sits underneath the *Fair Trading Act 1987* (NSW). It sets out detailed rules about consumer protection and fair trading practices in New South Wales.\n\n**Important caveat:** The document provided is essentially just the **metadata and status page** for this regulation — it shows version history, currency information, and administrative details, but does **not include the actual content** of the regulation's provisions. As a result, only limited analysis of its substantive effect is possible.\n\n**What we do know:**\n- This regulation has been **amended at least 11 times** since it commenced in August 2019, suggesting it is actively maintained and regularly updated.\n- It is scheduled to be **automatically repealed (cancelled) on 1 September 2026** under the *Subordinate Legislation Act 1989* — this is a standard NSW mechanism that forces periodic review of regulations to prevent outdated rules from staying on the books forever.\n- It affects **consumers and businesses** engaged in trade and commerce in NSW.\n- The current version has been in force since **29 October 2025**.\n\n**Who does it affect?**\nGenerally, fair trading regulations affect:\n- **Businesses** selling goods or services to consumers in NSW\n- **Consumers** buying products or services\n- **Traders** who must comply with specific disclosure, licensing, or conduct rules\n\n**Bottom line:** This regulation provides the fine-grained rules that back up NSW's consumer protection framework. Its automatic repeal date in 2026 means the government must actively decide whether to renew or replace it."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Compared with the earlier (repealed) Regulation referenced at commencement (cl 2), this instrument consolidates existing information standards and adds or updates new subject matter and administration: it prescribes information standards for e‑micromobility vehicles (new defined class and supplier duties at cl 6A–6E), establishes commercial agent rules and registers (Part 2B, cl 11G–11M and Schedule 3), and declares and provides enforcement parameters for a short‑term rental accommodation industry code (cl 11A–11F). It also updates fee schedules and indexing mechanics (cl 11I; sch 2). Those insertions and schedules change and expand the regulated scope and administrative framework relative to the earlier Regulation referred to in the commencement and savings clauses (cl 2; cl 14)."},"complexity_factors":["Multiple subject areas covered in one regulation (fuel retailing, e‑micromobility, funerals, short‑term rentals, commercial agents) increasing cross‑sector complexity.","Extensive cross‑references to other statutes, external codes, and Gazette notices (requires reading external instruments to determine full requirements) (cl 3; cl 6A; cl 11A; cl 6B).","Detailed administrative schedules: Register content rules, record‑keeping and retention periods, fee schedules and CPI indexing formula (cl 11J–11L; sch 3; sch 2 Part 2).","Multiple enforcement pathways: penalty notices (Schedule 1 with many itemised amounts), civil penalty caps for codes (cl 11F) and Secretary powers to impose fees and publish information (cl 11E; cl 13AB).","Administrative discretion points and procedural timelines (Secretary’s 28‑day decision for exclusion register appeals, fee waivers/refunds, delegation) creating procedural complexity (cl 11D(3)–(6); cl 11I(4)).","Transitional and staged commencement provisions and historical replacements (commencement and savings clauses reference repeal/transition from 2012 Regulation) (cl 2; cl 11)."],"plain_english_summary":"# What this Regulation does\n\nThis Regulation sets rules about the information that certain businesses must provide to consumers, creates codes and rules for particular industries, establishes fees and registers, and prescribes enforcement measures (fines and penalty notices). It groups those obligations by topic: fuel retailing (price signs and octane labels), supply of e‑micromobility vehicles (information and warnings), funeral goods and services (price and service information), short‑term rental accommodation (an industry code and related rules), and the regulation and conduct of commercial agents. It also lists many offences for which penalty notices may be issued and sets fees and how they are indexed.\n\n# Who it affects\n\n- Motor fuel retailers and service stations (obliged to display standard retail prices and octane ratings) (cl 4–6).  \n- Suppliers (retailers/importers) of e‑micromobility vehicles (e‑bikes, electric scooters, self‑balancing scooters, electric skateboards): must give safety, battery, disposal and usage‑law statements and display certain statements on websites and on or near the product (cl 6A–6E, 6B–6D).  \n- Funeral directors supplying goods or services for burial or cremation: must display and provide detailed price and service information and give estimates and totals before contracts (cl 7–9).  \n- Participants in the short‑term rental accommodation industry (including property managers) subject to the declared industry code; the Secretary may impose fees and there are civil penalties for breaches (cl 11A–11F).  \n- Commercial agents (including debt collectors, process servers and repossession agents): subject to conduct rules (Schedule 3) about honesty, contact hours, trust accounting, record keeping and not employing disqualified persons (Part 2B, cl 11G–11M; sch 3).  \n- Licence applicants and holders for commercial agent licences: subject to application fees, register entries and background/fit‑and‑proper criteria (cl 11I, 11J–11L).\n\n# How it works (mechanics)\n\n- Information standards: The Regulation prescribes specific information businesses must display or provide. Examples: service stations must show the standard retail price (and only that price) on fuel signs and must position and light signs so approaching motorists can read them (cl 5). Fuel pumps must display octane rating clearly (cl 6). Suppliers of e‑micromobility vehicles must provide a list of required identifying, safety, battery and disposal information at the time of supply and display prescribed statements on websites and on or near the vehicle (cl 6B–6E, 6C(1), 6D). Funeral directors must publish and provide a defined set of price and disbursement information at places of business and on public websites and give specified information before entering agreements (cl 7–9).\n\n- Codes and rules: The Regulation declares external codes to be applicable (for example the Short‑term Rental Accommodation Industry Code and the Motor Vehicle Insurance and Repair Industry Code) and prescribes which parts apply or are excluded (cl 11A; cl 12(1)–(3)). Schedule 3 prescribes detailed conduct rules for commercial agents (sch 3).\n\n- Registers and records: The Secretary must record licence particulars, refusals and cancellations, convictions and orders in a Register and retain or remove entries on set timelines (cl 11J–11L). Commercial agents must keep transaction and trust account records and retain required records for at least 3 years (sch 3, cl 14–16).\n\n- Fees and fee indexing: The Secretary may charge fees for some licences and to recover costs for administering the short‑term rental code (cl 11E, cl 11I; sch 2 sets fee‑unit based amounts). Fee units are indexed annually to CPI using a formula and rounding rules (sch 2, Part 2, cll 1–4).\n\n- Enforcement and penalties: The Regulation lists many offences for which penalty notices may be issued and specifies monetary amounts in Schedule 1. It also prescribes civil penalty limits for breaches of the short‑term rental code (up to 10,000 penalty units for corporations and 2,000 for others, with a Local Court cap of 200 penalty units) (cl 11F; sch 1).\n\n# Official purpose claims and practical trade‑offs (source‑based testing)\n\n- Official purpose claims: Several clauses explicitly treat their requirements as “information standards” under the Fair Trading Act (for fuel pricing, e‑micromobility vehicles and funeral goods and services) or declare industry codes to be applicable (cl 4, cl 6A, cl 7, cl 11A). Those provisions present the Regulation as setting minimum consumer information and conduct standards.\n\n- How those claims translate into costs, incentives and trade‑offs:\n  - Compliance costs and administrative burden fall on regulated suppliers: preparing and displaying required signs and website statements (cl 5, cl 6D), producing safety and battery manuals and disposal statements at time of supply (cl 6B–6E, 6C), keeping detailed account and trust records and retaining them for 3 years (sch 3, cl 14–16), and supplying funeral price and disbursement information (cl 7–9). These are direct compliance tasks for businesses and may require changes to point‑of‑sale systems, websites and internal recordkeeping.  \n  - Fee and cost recovery: The Secretary may impose fees on short‑term rental industry participants to recover enforcement and administration costs (cl 11E). Application fees for commercial agent licences are set out in Schedule 2 and include processing components that are non‑refundable if an application is refused or withdrawn (cl 11I(2) and note). The Secretary may waive or refund fees for hardship or special circumstances (cl 11I(4)).  \n  - Regulatory discretion and decision pathways: The Secretary has roles that involve discretion and administrative action: imposing fees (cl 11E), determining fee amounts and timing (cl 11E(2)), entering and removing register particulars (cl 11J–11L), deciding appeals to remove a person from the short‑term exclusion register within a 28‑day timeframe (cl 11D(1)–(5)), and delegating functions (cl 11D(6)). Those clauses create administrative decisions that can affect commercial opportunities and reputational records.  \n  - Enforcement trade‑offs: The Regulation provides fixed penalty notice amounts for many offences in Schedule 1 which permit relatively quick enforcement by penalty notices. It also sets civil penalty ceilings for breaches of the short‑term rental code (cl 11F). These combine to give regulators multiple enforcement pathways, with different cost and timing implications for businesses and individuals.  \n  - Market effects to note (source‑grounded): The obligations increase the cost of compliance for suppliers in the covered sectors (fuel retailing, e‑micromobility, funerals, short‑term rentals, and commercial agency). Where the Regulation requires publication of price or identity information (cl 5, cl 6B, cl 7, cl 11J) it makes information more transparent to consumers and to competitors; where it requires record keeping and trust accounting (sch 3, cl 14–16) it increases administrative overhead and creates audit trails that support enforcement. The Secretary’s ability to impose fees or to publish licence and penalty information (cl 11E; cl 13AB) creates a mechanism for the regulator to recover enforcement costs and to make regulatory outcomes public.\n\n# Implementation and compliance risks (source‑grounded)\n\n- Businesses must interpret multi‑part requirements and keep records to meet inspection or production demands (fuel signage rules, e‑micromobility manuals, funeral price disclosures, trust accounting rules) (cl 5, cl 6B–6E, cl 7–9, sch 3, cl 14–16).  \n- Several provisions refer to external laws, standards and Gazetted specifications (for example the Act, other NSW Acts, the Government Gazette entries that define declared electrical articles and applicable specifications) — compliance thus requires cross‑checking those external references (cl 3; cl 6A; cl 6B(a)(iv)–(v)).  \n- Administrative decisions by the Secretary (fee setting, Register entries, appeals handling, delegation) affect timing and costs for regulated parties and create points where the regulator exercises discretion (cl 11E, cl 11I(4), cl 11D(3)–(6), cl 11J–11L).  \n\n# Where to look in the text for details\n\n- Fuel price signs and octane: cl 4–6.  \n- E‑micromobility vehicle information and supplier duties: cl 6A–6E (definitions at cl 6B; provision and display duties at cl 6C–6E).  \n- Funeral goods and services information standards: cl 7–11.  \n- Short‑term rental code: cl 11A–11F.  \n- Commercial agents: cl 11G–11M and Schedule 3 (conduct rules).  \n- Penalty notices (offence list and dollar amounts): Schedule 1.  \n- Fees and fee indexing: cl 11I and Schedule 2, Part 2 (fee unit calculation).\n"}},"importantCases":[],"_links":{"self":"/api/acts/fair-trading-regulation-2019","history":"/api/acts/fair-trading-regulation-2019/history","analysis":"/api/acts/fair-trading-regulation-2019/analysis","conflicts":"/api/acts/fair-trading-regulation-2019/conflicts","importantCases":"/api/acts/fair-trading-regulation-2019/important-cases","documents":"/api/acts/fair-trading-regulation-2019/documents"}}