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Consumer Affairs and Fair Trading Act 1990
Part 1Transitional matters for period before Consumer Affairs and
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Part 1 Transitional matters for period before Consumer Affairs and
Fair Trading Amendment (National Uniform Legislation)
Act 2010
1 Application of Interpretation Act 1978
The provisions of this Part do not prejudice the operation in relation
to the repeals effected by this Act of section 12 of the Interpretation
Act 1978 so far as that section is consistent with those provisions.
3 Door to Door Sales
Notwithstanding the repeal of the enactments specified in
paragraph 2 of Schedule 2, the Door to Door Sales Ordinance 1967
as amended shall, on and after the day on which the repeal takes
effect, continue to have effect in relation to agreements to which it
applied immediately before that day.
4 Motor Vehicle Dealers
(1) In this paragraph, appointed day means the day on which the
repeal of the enactments specified in paragraph 4 of Schedule 2
takes effect.
(2) If it appears to the Commissioner to be desirable to do so having
regard to the length of time between:
(a) the end of the period covered by the report on the operation of
the Motor Vehicle Dealers Act 1979 last submitted to the
Minister pursuant to section 45 of that Act; and
(b) the appointed day;
the Commissioner shall, as soon as practicable after the appointed
day, submit to the Minister a report on the operation of the Act from
the end of that period to the appointed day; and section 12(4) of this
Act shall apply to the report as it applies to a report under that
section.
(3) Licences of individual dealers in force under the Motor Vehicle
Dealers Act 1979 immediately before the appointed day shall be
treated as from that day as having been granted under Part X of
this Act (and shall be so treated, and of full force and effect under
Part 10, notwithstanding that they do not comply as to form or
content with the requirements of that Part); and where, immediately
Consumer Affairs and Fair Trading Act 1990 148
before the appointed day, a single licence under the Act of 1979 is
held by 2 or more dealers carrying on business as such in
partnership, each of those dealers shall be treated as from that day
as holding a licence granted under Part 10 in the terms of that
licence.
(4) The Commissioner may issue to a dealer referred to in
subparagraph (3) a licence in a form issued under Part 10 endorsed
with the terms to which the licence, by virtue of that subparagraph,
is subject.
(5) For the purposes of section 129(1), a place at which a licenced
dealer carries on business as such immediately before the
appointed day shall be treated as from that day as specified in the
dealer's licence as it has effect by virtue of subparagraph (3).
(6) In relation to a licence to which subparagraph (3) applies,
section 153 shall have effect as if it required the dealer to cause the
licence to be exhibited at all times in a conspicuous position at the
place where the dealer carries on business as such or, if the dealer
carries on business as such at 2 or more places, at whichever of
those is the dealer's principal place of business.
(7) Where subparagraph (3) has effect, section 174 shall have effect as
if the reference in subsection (1) to each place of business
specified in a dealer's licence were a reference to each place of
business at which the dealer carries on business as such.
(8) The Register of Motor Vehicle Dealers kept immediately before the
appointed day pursuant to section 6 of the Motor Vehicle Dealers
Act 1979 shall be treated as from that day as the Register of Motor
Vehicle Dealers kept pursuant to section 155 of this Act.
(9) As from the appointed day, all authorities given for the purposes of
section 21 of the Motor Vehicle Dealers Act 1979 shall cease to
have effect.
5. Unordered Goods and Services
Notwithstanding its repeal, the Unordered Goods and Services
Ordinance 1972 as amended shall, on and after the day on which
the repeal takes effect, continue to have effect in relation to events
and matters to which it applied immediately before that day.
6 Regulations
(1) Regulations may make further provision of a savings or transitional
nature consequential on the repeal of any of the enactments
specified in Schedule 2.
Consumer Affairs and Fair Trading Act 1990 149
(2) A provision referred to in subparagraph (1) shall, if the regulations
so provide, have effect despite any other paragraph of this
Schedule.