What it does
The Fair Trading Act 1989 (Qld) (FTA) is the principal statute governing consumer protection and fair trading practices within Queensland. Its core function, stated in s.3, is “to improve consumer wellbeing through consumer empowerment and protection, fostering effective competition and enabling the confident participation of consumers in markets in which both consumers and suppliers trade fairly.”
The Act achieves this in three principal ways. First, it applies the Australian Consumer Law (ACL) as a law of Queensland (Part 3). Section 16(1) provides that the ACL text set out in Sch 2 to the Competition and Consumer Act 2010 (Cth) “applies as a law of this jurisdiction” and “may be referred to as the Australian Consumer Law (Queensland)”. The ACL’s substantive prohibitions—misleading or deceptive conduct (ACL s.18), unconscionable conduct (ACL ss.20–22), unfair contract terms (ACL s.23), false representations (ACL s.29), and product safety and information standards—therefore operate directly as Queensland law. Section 4B(1) expressly declares that a reference in the FTA to “this Act” includes a reference to the ACL(Q), removing any doubt about the seamless integration.
Second, the FTA supplies Queensland-specific machinery. Part 2 establishes the Commissioner for Fair Trading (s.8) whose functions include administering the Act, investigating complaints, disseminating consumer information, and promoting product safety (s.11). Part 3A creates a suite of enforcement tools: infringement notices (ss.30–37), embargo notices (ss.38–45), and court orders preserving assets (s.46). These are not found in the Commonwealth ACL and give Queensland regulators swift, targeted remedies. Part 4 authorises regulations prescribing safety standards (s.83) and codes of practice (s.88A). Breach of a safety standard is an FTA consumer offence provision (s.5) carrying significant penalties (s.84).