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Fair Trading (Australian Consumer Law) Act 1992
22Preparation of draft codes of practice
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22 Preparation of draft codes of practice
(1) The commissioner may, with the approval of the Minister, and must,
if the Minister directs, prepare for consideration by the Minister a
draft code of practice for fair dealing—
(a) between a particular class of suppliers and consumers; or
(b) by a particular class of people in relation to consumers.
(2) A draft code of practice may do 1 or more of the following:
(a) require an entity to be licensed or registered and prescribe
conditions on licences or registration;
(b) provide for fees to be imposed or collected in relation to a
licensing or registration system established under the code;
(c) impose educational and competency requirements on entities
licensed or registered, or applying to be licensed or registered,
under the code;
(d) establish alternative dispute resolution committees and
prescribe the functions the committees may exercise.
Note Entity—see Legislation Act, dict, pt 1.
(3) Subsection (2) does not limit what a draft code of practice may do.
(4) For the purpose of preparing a draft code of practice, the
commissioner must arrange for consultation with, and invite
submissions from, the people and organisations that, in the opinion of
the commissioner, would have an interest in the terms of the proposed
draft code of practice.
(5) If the commissioner is satisfied that associated people in a field of
trade or commerce have, in consultation with organisations
representing consumers and other interested people, agreed to abide
by a particular code of practice in their dealings with or in relation to
consumers, the commissioner may submit the code to the Minister for
consideration together with any recommendations by the
commissioner in relation to amendments to the code.