South Australia regulation

Fair Trading (Motor Vehicle Insurance and Repair Industry Code of Conduct) Regulations 2023

In ForceSA

Jurisdiction

South Australia

Collection

regulation

Plain English Summary

3/10 complexity

These regulations declare the Motor Vehicle Insurance and Repair Industry Code of Conduct (Gazette 05.01.2023) to be an applicable industry code under Part 3B of the Fair Trading Act 1987, exclude any purely voluntary provisions from operation, and set expiation fees for alleged civil-penalty contraventions: $1,200 for corporations and $500 for individuals. It affects insurers, repairers and related businesses by making code breaches enforceable and assigning who bears the penalty fees; the Small Business Commissioner is the named Commissioner.

JSON API

Deep dive

Want the full deep dive?

Zoe can write the in-depth analysis on top of the summary above: how it works, who it affects and what each part actually does.

Current sections

Direct links to the current provisions in Fair Trading (Motor Vehicle Insurance and Repair Industry Code of Conduct) Regulations 2023.

Fair Trading (Motor Vehicle Insurance and Repair Industry Code of Conduct) Regulations 2023

South Australia Fair Trading (Motor Vehicle Insurance and Repair Industry Code of Conduct) Regulations 2023 under the Fair Trading Act 1987

Contents 1 Short title 2 Commencement 3 Interpretation 4 Declaration of applicable industry code of conduct 5 Contravention of code subject to civil penalty Legislative history

1—Short title These regulations may be cited as the Fair Trading (Motor Vehicle Insurance and Repair Industry Code of Conduct) Regulations 2023. 2—Commencement These regulations come into operation on 28 February 2023. 3—Interpretation In these regulations— Act means the Fair Trading Act 1987; code means the Motor Vehicle Insurance and Repair Industry Code of Conduct declared under regulation 4; Commissioner means the Small Business Commissioner. 4—Declaration of applicable industry code of conduct (1) The Motor Vehicle Insurance and Repair Industry Code of Conduct published in the Gazette (Gazette 05.01.2023 p3) is declared to be an applicable industry code of conduct for the purposes of Part 3B of the Act. (2) Pursuant to section 28I(2)(b) of the Act, a provision of the code that relates to the voluntary application of the code is excluded from the code. 5—Contravention of code subject to civil penalty For the purposes of section 86C of the Act, the expiation fee for an alleged civil penalty contravention involving an alleged contravention or attempted contravention of the code is— (a) in the case of a body corporate—$1 200; and (b) in the case of an individual—$500. Legislative history Notes • For 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. Principal regulations Year No Reference Commencement 2023 6 Gazette 23.2.2023 p408 28.2.2023: r 2

Source text

Sourced from South Australian Legislation (legislation.sa.gov.au), CC BY 4.0.

1 Fair Trading (Motor Vehicle Insurance and Repair Industry Code of Conduct) Regulations 2023

South Australia Fair Trading (Motor Vehicle Insurance and Repair Industry Code of Conduct) Regulations 2023 under the Fair Trading Act 1987

Contents 1 Short title 2 Commencement 3 Interpretation 4 Declaration of applicable industry code of conduct 5 Contravention of code subject to civil penalty Legislative history