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Fair Trading (Australian Consumer Law) Act 1992
16December 2025. It also includes any commencement, amendment, repeal or expiry affecting
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16 December 2025. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 16 December 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
contents 1
Page
1 Name of Act 2
2 Dictionary 2
3 Notes 2
4 Offences against Act—application of Criminal Code etc 3
5 Definitions—pt 2 4
Page
contents 2 Fair Trading (Australian Consumer Law) Act 1992
Division 2.2 Application of Australian Consumer Law
6 The Australian Consumer Law text 6
7 Application of Australian Consumer Law 6
8 Future modifications of Australian Consumer Law text 7
9 Meaning of generic terms in Australian Consumer Law for purposes of
this jurisdiction 7
10 Interpretation of Australian Consumer Law 7
11 Application of Australian Consumer Law 8
Division 2.3 References to Australian Consumer Law
12 References to Australian Consumer Law 8
13 References to Australian Consumer Law of other jurisdictions 9
Division 2.4 Application of Australian Consumer Law to
jurisdictions
14 Division does not apply to Commonwealth 9
15 Application law of this jurisdiction 9
16 Application law of other jurisdictions 9
17 Activities that are not business 10
18 Jurisdictions not liable to pecuniary penalty or prosecution 11
19 Conferral of functions and powers on certain bodies 12
20 No doubling-up of liabilities 12
21 Definitions for pt 3 13
22 Preparation of draft codes of practice 13
23 Approval of codes of practice 14
24 Undertakings following contravention of approved code 14
25 Enforcement of undertakings 15
26 Variation or discharge of restraining order 16
27 Register of undertakings 16
28 Establishment of advisory committees 17
29 Advisory committee membership 17
Page
contents 3
30 Advisory committee—general procedure 17
31 Reimbursement of expenses for advisory committee members 18
32 Commissioner for fair trading 19
33 Functions of commissioner 19
34 Delegation by commissioner 20
34A Application—div 5.1A 21
34B Definitions—div 5.1A 21
34C Meaning of conciliation—div 5.1A 22
34D Conciliation 22
34E Parties to conciliation 23
34F Attendance at conciliation 23
34G Compulsory conciliation notice 23
34GA Offence—business not attending conciliation 24
34H Conduct of conciliation 24
34I Conciliated agreements 24
34J End of conciliation 25
34K Admissibility of evidence 25
35 Definitions for div 5.2 26
36 Investigators 26
37 Identity cards 27
38 Power not to be exercised before identity card shown 27
39 General power to enter premises 28
40 Consent to entry 28
41 Warrants 29
42 Warrants—application made other than in person 30
43 General powers on entry to premises 31
44 Inspection of records of agents 32
45 Power to seize evidence 33
Page
contents 4 Fair Trading (Australian Consumer Law) Act 1992
46 Receipt for things seized 34
47 Access to things seized 34
48 Return of things seized 35
49 Self-incrimination etc 35
50 Damage etc to be minimised 36
51 Compensation 37
52 Investigator may require giving of information and producing of
documents 37
53 Copying of documents produced under s 52 39
54 Secrecy 39
55 Commissioner may begin or defend legal proceeding on behalf of
consumer 41
56 Commissioner must obtain consent in relation to proceeding 42
57 Conduct of proceeding by commissioner 43
58 Court’s powers 43
59 Recovery of money other than costs 43
60 Costs 43
61 Commissioner not personally liable 44
Part 6 Maximum annual percentage rate and
disclosure
62 Definitions—pt 6 45
63 Maximum annual percentage rate 45
64 Disclosure of cost of credit 46
65 Certificate evidence 47
65A Conduct by representatives 47
66 Protection of officials from liability 49
67 Regulation-making power 49
Part 8 Transitional—Housing and Consumer Affairs
Legislation Amendment Act 2024
68 Definitions—pt 8 50
Page
contents 5
69 Alleged contravention of civil penalty provision before commencement
day 50
70 Applications for civil penalty order not determined before
commencement day 51
71 Expiry—pt 8 51
Dictionary 52
1 About the endnotes 57
2 Abbreviation key 57
3 Legislation history 58
4 Amendment history 64
5 Earlier republications 85
6 Expired transitional or validating provisions 87
An Act about fair trading and consumer protection, and for other purposes