{"id":"fair-trading-regulations-2025","name":"Fair Trading Regulations 2025","slug":"fair-trading-regulations-2025","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235493,"registerId":"sa-fair-trading-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Fair Trading Regulations 2025","content":"South Australia\nFair Trading Regulations 2025\nunder the Fair Trading Act 1987\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tRelated Acts (section 3 of Act)\n5\tDisclosure of relevant interest by insurer (section 28K(1) of Act)\n6\tDisclosure of choice of repairer by insurer (section 28K(2) of Act)\n7\tExempt transactions (section 28K of Act)\n8\tLiability relating to supply of recreational services may be limited (section 42 of Act)\n9\tEmbargo notices (section 78C of Act)\n10\tExpiation of offences against Australian Consumer Law (SA)\nSchedule 1—Forms\nSchedule 2—Repeal of Fair Trading Regulations 2010\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Fair Trading Regulations 2025.\n2—Commencement\nThese regulations come into operation on the day on which they are made.\n3—Interpretation\nIn these regulations—\nAct means the Fair Trading Act 1987.\n4—Related Acts (section 3 of Act)\nFor the purposes of paragraph (b) of the definition of related Act in section 3(1) of the Act, each of the following is prescribed as a related Act:\n\t(a)\tthe Hairdressers Act 1988;\n\t(b)\tthe Land and Business (Sale and Conveyancing) Act 1994;\n\t(c)\tPart 41 of the Landlord and Tenant Act 1936;\n\t(d)\tthe Residential Parks Act 2007;\n\t(e)\tthe Building and Construction Industry Security of Payment Act 2009;\n\t(f)\tthe Community Titles Act 1996;\n\t(g)\tthe Strata Titles Act 1988.\nNote—\n1\tPart 4 of the Landlord and Tenant Act 1936 was repealed by section 81 of the Retail and Commercial Leases Act 1995. However, it continues to apply (subject to modifications prescribed by regulation under the Retail and Commercial Leases Act 1995) to a retail shop lease entered into before the commencement of the Retail and Commercial Leases Act 1995.\n5—Disclosure of relevant interest by insurer (section 28K(1) of Act)\n\t(1)\tSubject to this regulation, for the purposes of section 28K(1) of the Act, an insurer must disclose any relevant interest held by the insurer in relation to a repairer in the manner set out in this regulation.\n\t(2)\tAn insurer must provide the holder of the policy of insurance with—\n\t(a)\ta statement of relevant interest; and\n\t(b)\ta statement advising the holder of the policy of the availability of all statements of relevant interest on the insurer's website in accordance with subregulation (4).\n\t(3)\tA statement required to be provided by an insurer to the holder of a policy of insurance under subregulation (2) must—\n\t(a)\tbe given to the holder of the policy personally; or\n\t(b)\tbe read out to the holder of the policy over the telephone; or\n\t(c)\tbe posted in an envelope addressed to the holder of the policy—\n\t(i)\tat the holder of the policy's last known address; or\n\t(ii)\tat an address for service provided by the holder of the policy; or\n\t(d)\tbe provided by electronic means agreed by the insurer and the holder of the policy.\n\t(4)\tAn insurer must make available a list of all current statements of relevant interest on the insurer's website in a manner—\n\t(a)\tthat is easily accessible to holders of a policy of insurance; and\n\t(b)\tthat allows the holder of a policy of insurance to search the statements of relevant interest.\n\t(5)\tPursuant to section 97(2)(c) of the Act, an insurer is exempt from complying with the requirement in section 28K(1) of the Act in relation to a relevant interest of a kind described in paragraph (b) of the definition of relevant interest in subsection (3) of that section if the contract or arrangement under which the repairer is engaged or authorised to undertake repairs—\n\t(a)\tfacilitates the undertaking of repairs on a one‑off basis; and\n\t(b)\tdoes not establish an arrangement between the insurer and the repairer for undertaking repairs on behalf of the insurer on an ongoing basis.\n\t(6)\tIn this regulation—\nstatement of relevant interest means the name, address and contact details of the repairer in relation to whom the insurer holds a relevant interest.\n6—Disclosure of choice of repairer by insurer (section 28K(2) of Act)\n\t(1)\tFor the purposes of section 28K(2) of the Act, an insurer must, at the time the holder of an insurance policy—\n\t(a)\tenters into a contract of insurance; and\n\t(b)\trenews a contract of insurance; and\n\t(c)\tmakes a claim against a contract of insurance,\nprovide to the holder of the policy—\n\t(d)\tif the insurance policy contains a provision allowing the holder of an insurance policy to make a choice as to which repairer may be engaged to undertake repairs under the insurance policy—a statement of that fact; or\n\t(e)\tif the insurance policy does not contain a provision allowing the holder of an insurance policy to make a choice as to which repairer may be engaged to undertake repairs under the insurance policy—a statement of that fact.\n\t(2)\tA statement required to be provided by an insurer to the holder of an insurance policy under subregulation (1) must—\n\t(a)\tbe given to the holder of the policy personally; or\n\t(b)\tbe read out to the holder of the policy over the telephone; or\n\t(c)\tbe posted in an envelope addressed to the holder of the policy—\n\t(i)\tat the holder of the policy's last known address; or\n\t(ii)\tat an address for service provided by the holder of the policy; or\n\t(d)\tbe provided by electronic means agreed by the insurer and the holder of the policy.\n7—Exempt transactions (section 28K of Act)\n\t(1)\tPursuant to section 97(2)(c) of the Act, an insurer is exempt from the requirement to make a disclosure to the holder of an insurance policy under section 28K of the Act if—\n\t(a)\tthe policy relates to a motor vehicle that is not a designated motor vehicle; or\n\t(b)\tthe holder of the policy is not the owner of the motor vehicle to which repairs are to be undertaken under the policy.\n\t(2)\tIn this regulation—\nclass C licence means a motor vehicle licence of class C prescribed for the purposes of section 72(1) of the Motor Vehicles Act 1959;\ndesignated motor vehicle means a motor vehicle authorised to be driven by a class C licence, other than—\n\t(a)\ta quad bike; or\n\t(b)\ta special purpose vehicle within the meaning of the Motor Vehicles (National Heavy Vehicles Registration Fees) Regulations 2008.\n8—Liability relating to supply of recreational services may be limited (section 42 of Act)\n\t(1)\tForm 1 in Schedule 1 is prescribed for the purposes of section 42 of the Act.\n\t(2)\tFor the purposes of section 42(2)(b) of the Act, a term of a contract for the supply of recreational services that excludes, restricts or modifies the liability of the supplier for any personal injury suffered by the consumer or a third party consumer must be in the form prescribed by Form 1 and contain the particulars prescribed in that form.\n\t(3)\tIf a consumer agrees to a term that excludes, restricts or modifies the liability of the supplier (as specified in Form 1), the consumer must indicate their agreement by signing and dating the completed form.\n\t(4)\tIf the consumer requests a copy of the signed and completed Form 1, the supplier must give the consumer the copy within 7 days of the request.\n9—Embargo notices (section 78C of Act)\nFor the purposes of section 78C of the Act, an embargo notice must contain the following details in addition to the matters required by section 78C(4) of the Act:\n\t(a)\ta description of the thing to which the notice applies;\n\t(b)\teither the name of the person on whom the notice is to be served or a statement that the notice is to be affixed to the thing;\n\t(c)\tthe name, signature and business telephone number of the authorised officer who issued the notice;\n\t(d)\tthe date on which the notice was served or affixed.\n10—Expiation of offences against Australian Consumer Law (SA)\nThe expiation fees specified in the following table are fixed for alleged offences against the Australian Consumer Law (SA) arising from an alleged contravention of the section specified opposite the fee:\n\nSection\nFee\nSection 151\nFalse or misleading representations about goods or services\n$1 200\nSection 152\nFalse or misleading representations about sale etc of land\n$1 200\nSection 153\nMisleading conduct relating to employment\n$1 200\nSection 154\nOffering rebates, gifts, prizes etc\n$1 200\nSection 155\nMisleading conduct as to the nature etc of goods\n$1 200\nSection 156\nMisleading conduct as to the nature etc of services\n$1 200\nSection 157\nBait advertising\n$1 200\nSection 158\nWrongly accepting payment\n$1 200\nSection 159\nMisleading representations about certain business activities\n$1 200\nSection 161\nUnsolicited cards etc\n$1 200\nSection 162\nAssertion of right to payment for unsolicited goods or services\n$1 200\nSection 163\nAssertion of right to payment for unauthorised entries or advertisements\n$1 200\nSection 164\nParticipation in pyramid schemes\n$1 200\nSection 165\nMultiple pricing\n$150\nSection 166\nSingle price to be specified in certain circumstances\n$1 200\nSection 167\nReferral selling\n$1 200\nSection 168\nHarassment and coercion\n$1 200\nSection 169\nDisplay notices\n$500\nSection 170\nPermitted hours for negotiating an unsolicited consumer agreement\n$500\nSection 171\nDisclosing purpose and identity\n$500\nSection 172\nCeasing to negotiate on request\n$500\nSection 173\nInforming person of termination period etc\n$500\nSection 174\nRequirement to give document to the consumer\n$500\nSection 175\nRequirements for all unsolicited consumer agreements etc\n$500\nSection 176\nAdditional requirements for unsolicited consumer agreements not negotiated by telephone\n$500\nSection 177\nRequirements for amendments of unsolicited consumer agreements\n$500\nSection 178\nObligations of suppliers on termination\n$500\nSection 179\nProhibition on supplies etc\n$500\nSection 180\nRepayment of payments received after termination\n$500\nSection 181\nProhibition on recovering amounts after termination\n$500\nSection 182\nCertain provisions of unsolicited consumer agreements void\n$500\nSection 183\nWaiver of rights\n$500\nSection 188\nLay by agreements must be in writing etc \n$300\nSection 189\nTermination charges\n$300\nSection 190\nTermination of lay by agreements by suppliers\n$300\nSection 191\nRefund of amounts\n$300\nSection 191A\nGift cards to be redeemable for at least 3 years\n$300\nSection 191B\nWhen gift card ceases to be redeemable to appear prominently on gift card\n$300\nSection 191C\nTerms and conditions not to allow post‑supply fees\n$300\nSection 191D\nPost‑supply fees not to be demanded or received\n$300\nSection 192\nPrescribed requirements for warranties against defects\n$500\nSection 193\nRepairers must comply with prescribed requirements\n$500\nSection 194\nSupplying etc consumer goods that do not comply with safety standards\n$1 200\nSection 195\nSupplying etc product related services that do not comply with safety standards\n$1 200\nSection 196\nRequirement to nominate a safety standard\n$150\nSection 197\nSupplying etc consumer goods covered by a ban \n$1 200\nSection 198\nSupplying etc product related services covered by a ban\n$1 200\nSection 199\nCompliance with recall orders\n$1 200\nSection 200\nNotification by persons who supply consumer goods outside Australia if there is compulsory recall\n$150\nSection 201\nNotification requirements for a voluntary recall of consumer goods\n$150\nSection 202\nSuppliers to report consumer goods etc associated with the death or serious injury or illness of any person\n$150\nSection 203\nSupplying etc goods that do not comply with information standards\n$1 200\nSection 204\nSupplying etc services that do not comply with information standards\n$1 200\nSection 205\nCompliance with substantiation notices\n$150\nSection 206\nFalse or misleading information etc\n$150\nSchedule 1—Forms\nForm 1—Recreational services—Exclusion, restriction or modification of rights under the Australian Consumer Law (SA)\nYour rights:\nUnder sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services1), there is—\n\t•\ta statutory guarantee that those services will be rendered with due care and skill; and\n\t•\ta statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and\n\t•\ta statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).\nExcluding, restricting or modifying your rights:\nUnder section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify their liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).\nIf you sign this form, you will be agreeing to exclude, restrict or modify the supplier's liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury2.\nImportant\nYou do not have to agree to exclude, restrict or modify your rights by signing this form.\nThe supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form. \nEven if you sign this form, you may still have further legal rights against the supplier.\nA child under the age of 18 cannot legally agree to exclude, restrict or modify their rights.\nA parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.\nAgreement to exclude, restrict or modify your rights:\nI agree that the liability of ................................................ [the supplier of recreational services] for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is—\n\t(a)\texcluded;\n\t(b)\trestricted as set out below:\n[specify the nature of the restriction]\n\t(c)\tmodified as set out below:\n[specify the nature of the modification]\n*Strike out whichever of (a), (b) or (c) do not apply and specify the nature of the restriction or modification, as is relevant.\nSignature:\nDate:\nSignature of witness:\nName and address of witness:\nDefinitions\n\t1\tRecreational services are services that consist of participation in—\n\t•\ta sporting activity or similar leisure‑time pursuit; or\n\t•\tany other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.\n\t2\tPersonal injury is bodily injury and includes mental and nervous shock and death.\nFurther information:\nFurther information about your rights can be found at www.cbs.sa.gov.au\nSchedule 2—Repeal of Fair Trading Regulations 2010\nThe Fair Trading Regulations 2010 are repealed.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2025\n61\nGazette 17.7.2025 p2661 \n17.7.2025:  r 2 \n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"No scope can be assessed. The submission contains only a 'Page Not Found' error message from the South Australian legislation website, with no legislative text, provisions, or amendments to evaluate."},"complexity_factors":["No legislative content was provided — the document is a website error page, not legislation","Complexity cannot be meaningfully assessed without actual legal text","Score of 1 assigned by default due to complete absence of substantive content"],"plain_english_summary":"## ⚠️ Document Not Available\n\nThis document does not contain any actual legislation. Instead, it shows a **'Page Not Found' error** from the South Australian legislation website (legislation.sa.gov.au).\n\nWhat this means for you:\n- The legislation titled 'Fair Trading Regulations 2025' **could not be retrieved** — the link or bookmark used to access it is broken or outdated.\n- The website notes that any bookmarks or hyperlinks created **before 24 March 2026** may no longer work due to a website update.\n- **No legal content** about fair trading rules, consumer rights, or business obligations can be summarised because none was provided.\n\nIf you are trying to find the Fair Trading Regulations 2025 (SA), try:\n1. Visiting [legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for the title\n2. Emailing the site administrators at **OPCWeb@sa.gov.au** to report the broken link"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations implement and clarify procedural and enforcement details of the Fair Trading Act rather than altering substantive rights. They prescribe how and when insurers must disclose relevant interests and choice‑of‑repairer information (regs 5–7), require a standard waiver form for recreational services (reg 8; Sch 1), set mandatory content for embargo notices (reg 9) and fix expiation fees for ACL(SA) offences (reg 10). They do not expand the Act's substantive liability or consumer‑protection scope beyond those prescribed implementations."},"complexity_factors":["Multiple insurer disclosure duties with several permitted delivery methods (reg 5(2)–(4), reg 6(1)–(2))","Exemptions tied to motor vehicle classifications and ownership (reg 7)","Prescription of a specific signed form and witness requirements for recreational‑services liability waivers (reg 8, Sch 1)","Detailed fixed expiation fee schedule covering many ACL(SA) provisions (reg 10)","Cross‑references to numerous Act provisions and other statutes (Act, regs 4, 5(5))","Website accessibility and searchable‑list requirement for statements of relevant interest (reg 5(4))","Immediate commencement and repeal of prior regulations (r 2, Sch 2)"],"plain_english_summary":"These regulations set out how parts of the Fair Trading Act operate in practice. They require insurers to disclose any interest in repairers and to tell policy-holders whether they can choose their own repairer (regs 5–7), prescribe a signed form for limiting liability in recreational services (reg 8 & Sch 1), specify required content of embargo notices (reg 9), and fix expiation fees for many Australian Consumer Law (SA) offences (reg 10). Insurers and suppliers bear the compliance costs; regulators decide enforcement and collect fees."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This appears to be a standard re-enactment and update of subordinate regulations under the Fair Trading Act 1987. The scope aligns with the Act's purpose of consumer protection and fair trading. While it adds new specific requirements (insurer disclosure rules, updated expiation fees), these fall within the existing framework and powers of the parent Act. The repeal of the 2010 regulations and replacement with 2025 regulations is a standard temporal update without scope creep."},"complexity_factors":["Multiple distinct subject matters (insurance disclosure, recreational liability, expiation fees, embargo notices) in a single instrument","Nested definitions: 'designated motor vehicle' depends on 'class C licence' which references another Act (Motor Vehicles Act 1959)","Cross-references to multiple Acts: Fair Trading Act 1987, Motor Vehicles Act 1959, Australian Consumer Law (SA), and 7 other 'related Acts'","Conditional exemptions with multiple criteria (regulation 5(5) and 7(1))","Prescribed form with legal explanatory text and variable fields","Lengthy schedule of 43 different expiation fees mapping to specific sections of the Australian Consumer Law"],"plain_english_summary":"This is a South Australian regulation that updates the rules for fair trading in the state. It replaces the 2010 regulations and covers several key areas:\n\n**Insurance and car repairs**: Insurance companies must now tell policyholders if they have a financial interest in any car repair business they recommend. They must also clearly tell customers whether they have the right to choose their own repairer when they buy insurance, renew it, or make a claim. These rules don't apply to heavy vehicles or quad bikes, or when the policyholder doesn't own the vehicle.\n\n**Recreational activities**: Businesses offering risky recreational activities (like adventure sports) can ask customers to sign a form limiting the business's liability if someone gets injured. The regulation provides a specific form that must be used, which clearly explains that customers don't have to sign, but the business can refuse service if they don't. Children under 18 cannot have their rights limited this way, even by a parent.\n\n**Consumer protection enforcement**: The regulation sets fixed fines (called \"expiation fees\") for businesses that break consumer laws. These range from $150 to $1,200 depending on the offence, covering everything from false advertising to unsafe products to dodgy door-to-door sales tactics.\n\n**Embargo notices**: It specifies what information must be included when consumer affairs officials place an embargo on goods (a legal hold preventing sale of potentially unsafe or non-compliant products).\n\n**Related laws**: It also lists other South Australian laws that are considered \"related Acts\" for the purposes of the Fair Trading Act, including laws about hairdressers, residential parks, strata titles, and building payment security."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/fair-trading-regulations-2025","history":"/api/acts/fair-trading-regulations-2025/history","analysis":"/api/acts/fair-trading-regulations-2025/analysis","conflicts":"/api/acts/fair-trading-regulations-2025/conflicts","importantCases":"/api/acts/fair-trading-regulations-2025/important-cases","documents":"/api/acts/fair-trading-regulations-2025/documents"}}