This Regulation sets mandatory consumer‑information standards, industry codes, fees and registers, and enforcement measures (including penalty notices and civil penalties). It requires certain businesses to provide prescribed price, safety and product information, keep records and meet conduct rules, while enabling the regulator to charge fees, maintain a public register and issue penalties.
It primarily affects motor fuel retailers, suppliers of e‑micromobility vehicles, funeral directors, short‑term rental operators and commercial agents—raising compliance, recordkeeping and cost‑recovery obligations and increasing transparency for consumers.
The Fair Trading Regulation 2019 (the Regulation) is subordinate legislation made under the Fair Trading Act 1987 (NSW) (the Act). Its core function is to prescribe detailed operational requirements that give practical effect to the Act’s consumer protection objects. It does this across four principal domains.
First, it establishes information standards under s 47C of the Act. Division 1 of Part 2 prescribes mandatory fuel price signage at service stations (cl 4). Clause 5 requires a fuel price sign to display the “standard retail price” (a term borrowed from s 58 of the Act) for each prescribed fuel (excluding electricity). Where more than four fuels are offered, at least E10, diesel and LPG must appear. Signs must be positioned and illuminated for visibility to approaching motorists (cl 5(2)), and no other price may be shown on any sign (cl 5(3)). Clause 6 mandates octane rating display on every fuel pump, calculated as the research octane number rounded down, applicable to blends. Division 1A (inserted by 2025 (43), Sch 1) extends the information-standard concept to e-micromobility vehicles. Clause 6A defines these vehicles by reference to Government Gazette No 298 of 2 August 2024. Clause 6B then lists 19 distinct categories of mandatory “e-micromobility vehicle information”, ranging from serial number and approval particulars through maximum speed, weight, power rating, prescribed usage and disposal statements (cll 6D and 6E), extensive electrical/fire safety warnings, and the exact statutory statement: “Before using this vehicle, check the applicable local laws relating to your intended use of the vehicle on roads, footpaths, shared paths, bicycle lanes and bicycle paths.” Clause 6C requires this information to be given “in a reasonable way that clearly conveys the information”, with examples including physical or electronic manuals. The supplier’s website must also display the usage-law statement before supply (cl 6D).
Current sections
Direct links to the current provisions in Fair Trading Regulation 2019.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2) Notes included in this Regulation do not form part of this Regulation.
Part 2
Information standards
Part 2 Information standards
Part 2 Information standards
Division 1
Fuel price signs at service stations
Division 1 Fuel price signs at service stations
Division 1 Fuel price signs at service stations
4
Information standard for fuel price signs at service stations
4 Information standard for fuel price signs at service stations
4 Information standard for fuel price signs at service stations
(1) For the purposes of section 47C of the Act, the requirements of this Division are prescribed as an information standard for the supply of prescribed fuel to consumers at a service station.
(2) In this Division—
prescribed fuel has the same meaning as in section 58 of the Act but does not include electricity.
service station and standard retail price have the same meanings as in section 58 of the Act.
5
Display of fuel price information
5 Display of fuel price information
5 Display of fuel price information
(1) A service station that supplies prescribed fuel to consumers must display the following information on 1 or more signs (a fuel price sign)—
(a) if no more than 4 prescribed fuels are supplied—the standard retail price for each prescribed fuel,
(b) if more than 4 prescribed fuels are supplied—the standard retail price for at least 4 prescribed fuels, including for each of the following that are supplied—
(i) E10 petrol,
(ii) diesel,
(iii) liquefied petroleum gas (or LPG).
(2) A fuel price sign must be positioned and lit so that the standard retail price and any other matter displayed on the sign is readily able to be seen by motorists approaching the service station at any time that the service station is open for business for the supply of prescribed fuel.
(3) All signs at the service station (including any fuel price signs) that display information in relation to the price of prescribed fuel supplied to consumers at the service station must display only the standard retail price of the prescribed fuel and no other price for that fuel.
(4) This clause does not prevent—
(a) the standard retail price of more than 4 prescribed fuels from being displayed on a sign at a service station, or
(b) the standard retail price of prescribed fuels from being displayed in any order on a sign at a service station, or
(c) a sign at a service station from containing information about discounts and special offers on fuel, but only if the price of a prescribed fuel displayed on the sign is the standard retail price of the fuel.
6
Display of octane rating information for petrol
6 Display of octane rating information for petrol
6 Display of octane rating information for petrol
(1) The octane rating of any petrol supplied to consumers by means of a fuel pump at a service station must be displayed in 1 or more places on the fuel pump so that it is readily able to be seen by a person using a fuel dispenser at the fuel pump.
(2) The octane rating is the research octane number for the petrol rounded down to the next whole number and, in the case of a blend of petrol, is for the whole of the blend.
(3) The octane rating may be displayed by displaying a brand name that includes the octane rating of the petrol.
(4) In this clause, petrol means petrol as referred to in paragraph (a) of the definition of prescribed fuel in section 58 of the Act.
Division 1A
E-micromobility vehicles
Division 1A E-micromobility vehicles
Division 1A E-micromobility vehicles
pt 2, div 1A: Ins 2025 (43), Sch 1.
6A
Information standard for e-micromobility vehicles
6A Information standard for e-micromobility vehicles
6A Information standard for e-micromobility vehicles
(1) For the Act, section 47C, the requirements of this division are prescribed as an information standard for the supply of e-micromobility vehicles.
(2) In this division—
e-micromobility vehicle means an e-bike, electric scooter, self-balancing scooter or electric skateboard referred to as a declared electrical article in Government Gazette No 298 of 2 August 2024.
cl 6A: Ins 2025 (43), Sch 1.
6B
Meaning of “e-micromobility vehicle information”
6B Meaning of “e-micromobility vehicle information”
6B Meaning of “e-micromobility vehicle information”
For this division, e-micromobility vehicle information, in relation to the supply of an e-micromobility vehicle, means—
(v) applicable specifications set out in Government Gazette No 298 of 2 August 2024 that the product is required to comply with, and
(b) the following information—
(i) the maximum speed of the vehicle,
(ii) the weight of the vehicle,
(iii) if the vehicle is an e-bike—the maximum continued rated power of the e-bike, and
(c) the prescribed statement relating to applicable usage laws under clause 6D, and
(d) the following information in relation to electrical and fire safety—
(i) a warning to use only compatible batteries and chargers to reduce the risk of fire or other damage,
(ii) information about batteries and chargers that are compatible with the vehicle,
(iii) information about safe charging practices, including safe locations for charging, suitable charging durations and a warning against overcharging,
(iv) a list of high-risk charging practices that could cause a fire,
(v) a warning that a fire could result from modifying the vehicle,
(vi) warning signs indicating the risk of a fire starting and appropriate actions the consumer should take to avoid the risk of a fire,
(vii) a notice to call 000 if the battery starts smoking or sparking,
(viii) information about the safe storage of the vehicle and relevant accompanying products, including—
(A) how the vehicle and accompanying products should be stored to prevent environmental damage to the vehicle and products, and
(B) warnings against exposing the vehicle and accompanying products to heat or water for prolonged periods, and
(e) the following information in relation to disposal—
(i) if the battery in the vehicle can be safely separated from the vehicle—
(A) how the battery can be safely separated from the vehicle, and
(B) the prescribed statement relating to applicable disposal laws under clause 6E,
(ii) if the battery in the vehicle cannot be safely separated from the vehicle—the prescribed statement relating to applicable disposal laws under clause 6E, and
(f) the following safety information about the vehicle and the batteries and chargers supplied with the vehicle—
(i) a statement that the vehicle should not be used if the vehicle contains a damaged battery,
(ii) if applicable—other relevant safety information relating to battery or vehicle safety, and
(g) the following statement in relation to the intended use of the vehicle—
Before using this vehicle, check the applicable local laws relating to your intended use of the vehicle on roads, footpaths, shared paths, bicycle lanes and bicycle paths.
cl 6B: Ins 2025 (43), Sch 1.
6C
Provision of e-micromobility vehicle information
6C Provision of e-micromobility vehicle information
6C Provision of e-micromobility vehicle information
(1) A supplier of e-micromobility vehicles to consumers must, at the time of supply, give the consumer e-micromobility vehicle information in relation to the vehicle supplied.
(2) The information under subclause (1) must be given in a reasonable way that clearly conveys the information to the consumer.
Examples of how information may be conveyed—
physical or electronic manuals or safety booklets accompanying the vehicle
(3) The requirement to provide particulars under clause 6B(a)(iv) applies to suppliers from 1 August 2025.
cl 6C: Ins 2025 (43), Sch 1.
6D
Display of information relating to applicable usage laws
6D Display of information relating to applicable usage laws
6D Display of information relating to applicable usage laws
A supplier of e-micromobility vehicles must prominently display, on the supplier’s website and on or near an e-micromobility vehicle, before the time of supply, the following statement—
Before using this vehicle, check the applicable local laws relating to your intended use of the vehicle on roads and road related areas.
cl 6D: Ins 2025 (43), Sch 1.
6E
Display of information relating to applicable disposal laws
6E Display of information relating to applicable disposal laws
6E Display of information relating to applicable disposal laws
A supplier of e-micromobility vehicles must give a consumer the following statement at the time of supply—
WARNING: Do not dispose of this vehicle or components of this vehicle in household or kerbside garbage bins.
When disposing of this vehicle or components of this vehicle, check the applicable local waste and disposal laws.
cl 6E: Ins 2025 (43), Sch 1.
Division 2
Funeral goods and services
Division 2 Funeral goods and services
Division 2 Funeral goods and services
7
Information standard for funeral goods and services
7 Information standard for funeral goods and services
7 Information standard for funeral goods and services
(1) For the purposes of section 47C of the Act, the requirements of this Division are prescribed as an information standard for the supply of goods and services by a funeral director in relation to the burial or cremation of a body.
(2) In this Division—
funeral director means a person who, in the conduct of the person’s business, arranges the collection, transport, storage, preparation or embalming of bodies for the purposes of the burial or cremation of bodies.
funeral information, in relation to supply of goods and services by a funeral director in relation to the burial or cremation of a body, means the following—
(a) the price of each of the following—
(i) the transport of the body prior to burial or cremation,
(ii) the storage of the body at a mortuary or holding room,
(iii) the hire of a refrigeration plate,
(iv) each type of coffin, casket or shroud supplied or the price range of all coffins, caskets or shrouds supplied,
(v) the care and preparation of the body prior to burial or cremation,
(vi) a viewing of the body prior to burial or cremation,
(vii) the arrangement and conduct of a funeral service (including hire of the venue),
(viii) the burial or cremation of the body,
(b) the location of the mortuary or crematorium used by the funeral director,
(c) if the funeral director uses a mortuary or crematorium that is not owned or managed by the funeral director, the name of the owner or manager,
(d) a reasonable estimate of the following disbursements—
(i) the cost of obtaining of a death certificate from the Registrar of Births, Deaths and Marriages,
(iii) any fee charged by a cemetery or crematorium in relation to the burial or cremation of a body,
(e) the price of the least expensive package for the burial or cremation of a body supplied by the funeral director,
(f) how a body is transported prior to burial or cremation.
8
Display and provision of funeral information to prospective consumers
8 Display and provision of funeral information to prospective consumers
8 Display and provision of funeral information to prospective consumers
(1) A funeral director must prominently display the funeral information in relation to the goods and services supplied by the funeral director—
(a) at each place of business of the funeral director, and
(b) on any public website maintained by the funeral director.
(2) A funeral director must provide a person with the funeral information in relation to the goods and services supplied by the funeral director—
(a) within 48 hours after receiving a request from the person for information about the burial or cremation of a body (or within another period agreed between the person and the funeral director), and
(b) before entering into an agreement with the person for the supply of goods and services in relation to the burial or cremation of a body, but only if the person has not already been provided with the funeral information.
9
Provision of information to consumers
9 Provision of information to consumers
9 Provision of information to consumers
Before entering into an agreement with a person for the supply of goods and services in relation to the burial or cremation of a body, a funeral director must provide the following information to the person—
(a) the price of each of the particular goods and services that will be supplied to the person under the agreement,
(b) the cost of any disbursements that will be payable by the person under the agreement,
(c) the total amount payable under the agreement.
10
Effect of Division
10 Effect of Division
10 Effect of Division
This Division does not prevent a funeral director from supplying—
(a) any goods and services in relation to the burial or cremation of a body not referred to in this Division, or
(b) goods and services in relation to the burial or cremation of a body in the form of a package.
11
Transitional provision
11 Transitional provision
11 Transitional provision
(1) The information standard specified in this Division applies to the supply of goods and services by a funeral director in relation to the burial or cremation of a body from 1 February 2020.
(2) The information standard specified in Division 2 of Part 3 of the Fair Trading Regulation 2012, as in force immediately before 1 September 2019, continues to apply to the supply of funeral goods and services until 31 January 2020 as if it were an information standard prescribed under section 47C of the Act.
Part 2A
Short-term rental accommodation industry code of conduct
Part 2A Short-term rental accommodation industry code of conduct
Part 2A Short-term rental accommodation industry code of conduct
Declaration of code of conduct applying to short-term rental accommodation industry participants
11A Declaration of code of conduct applying to short-term rental accommodation industry participants
11A Declaration of code of conduct applying to short-term rental accommodation industry participants
For the purposes of the Act, section 54B(1), the Code of Conduct for the Short-term Rental Accommodation Industry, published in the Gazette on 22 October 2021, is declared.
Additional class of short-term rental accommodation industry participants
11B Additional class of short-term rental accommodation industry participants
11B Additional class of short-term rental accommodation industry participants
(1) Persons who provide property management services for residential premises subject to a short-term rental accommodation arrangement are prescribed for the purposes of paragraph (e) of the definition of short-term rental accommodation industry participant in section 54A of the Act.
(2) For the purposes of subclause (1), property management services include creating listings, rental pricing, guest vetting and communications and check-in services.
(b) an arrangement under which a person resides or is permitted to reside in refuge or crisis accommodation provided by—
(i) a public authority (including the Department of Communities and Justice, the New South Wales Land and Housing Corporation or the Aboriginal Housing Office), or
(iii) any other body funded wholly or partly by the Commonwealth or the State,
(c) an arrangement under which a person resides or is permitted to reside in disability accommodation,
(d) any other arrangement under which a person resides or is permitted to reside in temporary accommodation provided or funded wholly or partly by the Department of Communities and Justice.
disability assistance means one or more of the following forms of assistance provided to a person with a disability by another person or body, whether permanently or not,—
(a) assistance to help the person undertake the person’s day-to-day activities,
(b) assistance to increase the person’s independence,
(c) assistance to facilitate the person’s social and economic inclusion in the community.
(1) A person whose details have been listed on the exclusion register referred to in section 54B(2)(g) of the Act may apply to the departmental Secretary to have the person’s details removed from the register.
(2) An application must be in writing and specify the grounds for removing the person’s details from the exclusion register.
(3) The departmental Secretary is, within 28 days of receiving an application, to determine the application by deciding—
(a) to remove the person’s details from the exclusion register, or
(b) to maintain the person’s listing on the register.
(4) The departmental Secretary is to notify the person in writing of the Secretary’s decision as soon as practicable after it is made.
(5) The notice is to include the reasons for the departmental Secretary’s decision.
(6) The departmental Secretary may delegate the Secretary’s functions under this clause to any other person employed in the Department of Customer Service.
(7) In this clause, departmental Secretary means the Secretary of the Department of Customer Service.
(1) The Secretary may, for the purposes of recovering the costs incurred by the Secretary in connection with the enforcement and administration of the code of conduct declared under this Part, impose fees on short-term rental accommodation industry participants.
(2) The Secretary may determine the amount of the fees to be paid and the times when they are payable.
(3) Any fee imposed under this clause may be recovered by the Secretary as a debt due to the Crown.
Civil penalty for contravention of code of conduct
11F Civil penalty for contravention of code of conduct
11F Civil penalty for contravention of code of conduct
(1) For the purposes of section 54D(2)(a) of the Act, a monetary penalty is not to exceed 10,000 penalty units, in the case of a corporation, and 2,000 penalty units, in any other case.
(2) The Local Court and the Supreme Court are prescribed for the purposes of section 54D(5) of the Act.
(3) Despite subclause (1), a monetary penalty imposed by the Local Court under section 54D of the Act is not to exceed 200 penalty units.
For the purposes of the Act, section 60A(2), definition of relevant offence, paragraph (d), the following offences are declared to be relevant offences—
(a) an offence against the Crimes Act 1900, Part 3, Division 10, 10A, 14, 14A or 15, section 93T, Part 4 or section 351A or against corresponding provisions of a law of the Commonwealth or of another State or Territory,
(c) an offence against the Privacy Act 1988 of the Commonwealth, section 13G,
(d) an offence against the Security Industry Act 1997 or against corresponding provisions of a law of the Commonwealth or of another State or Territory,
(e) an offence against the Surveillance Devices Act 2007, Part 2 or 5 or against corresponding provisions of a law of the Commonwealth or of another State or Territory that provide for the authorisation of the use of surveillance devices.
cl 11G: Ins 2022 (65), Sch 1[1].
11H
Fit and proper person—Act, s 60D(3)(d)
11H Fit and proper person—Act, s 60D(3)(d)
11H Fit and proper person—Act, s 60D(3)(d)
(1) For the purposes of the Act, section 60D(3)(d), the following grounds are prescribed—
(a) the person is a mentally incapacitated person,
(b) the person is disqualified from holding a licence, permit or other authority under legislation administered by the Minister,
(c) the person has failed to pay a monetary penalty imposed on the person under the Act, Part 5 or has failed to comply with a direction given by the Secretary under the Part and the failure to pay the penalty or comply with the direction continues,
(d) the person has been the holder of a commercial agent licence issued under the Act that—
(i) has, within the previous 5 years, been cancelled and the person has not held a licence since the cancellation, or
(ii) is suspended and the period of the suspension has not expired,
(e) the person was the holder of a master licence for process serving, a master licence for debt collection or a master licence for repossession of goods under the repealed Act that was, within the previous 5 years before its repeal—
(i) cancelled under the repealed Act, section 10(1) and the person has not held a licence since the cancellation, or
(ii) suspended under the repealed Act, section 10(4) and the period of the suspension has not expired,
(f) the person was the holder of an operator licence for process serving, an operator licence for debt collection or an operator licence for repossession of goods under the repealed Act that was, within the previous 5 years before its repeal—
(i) cancelled under the repealed Act, section 17(1) and the person has not held a licence since the cancellation, or
(ii) suspended under the repealed Act, section 17(4) and the period of the suspension has not expired.
11I Fees for commercial agent licences—Act, s 60E(5)
11I Fees for commercial agent licences—Act, s 60E(5)
(1) The application fees payable for the purposes of the Act are listed in Schedule 2, Part 1.
(2) An amount specified for an application fee in Schedule 2, Part 1, Column 3 under the heading Processing component is taken to be a fee to cover the costs incurred by the Secretary in processing the application.
Note—
This amount is consequently a processing fee for the purposes of the Licensing and Registration (Uniform Procedures) Act 2002, Part 2. If an application is refused or withdrawn, the applicant is entitled to a refund of all fees paid, other than the processing fee.
(3) The total application fee is set out in Schedule 2, Part 1, Column 4.
(4) The Secretary may waive or refund, in whole or in part, a fee payable or paid under the Act or this regulation if the Secretary is satisfied it is appropriate because—
(a) the person who must pay, or has paid, the fee is suffering financial hardship, or
(b) special circumstances exist.
Examples of special circumstances—
circumstances involving a natural disaster or recovery from a natural disaster
cl 11I: Ins 2022 (65), Sch 1[1]. Am 2023 (296), Sch 1[1].
11J
Register—commercial agent licences—Act, s 60J(1)
11J Register—commercial agent licences—Act, s 60J(1)
11J Register—commercial agent licences—Act, s 60J(1)
For the purposes of the Act, section 60J(1), the Secretary must enter and keep in the Register the following particulars for each commercial agent licence issued under the Act—
(a) if the licence holder is an individual—the name and business address of the licence holder,
(b) if the licence holder is a corporation—
(i) the name, business address and Australian Company Number of the corporation, and
(ii) the name and business address of each officer of the corporation,
(c) whether the licence holder is a member of a partnership that carries on business,
(d) the number of the licence,
(e) the dates of issue and expiry of the licence,
(f) whether the licence is current, expired, suspended or cancelled,
(g) a condition of the licence under the Act, section 60E(4)(f), if any.
cl 11J: Ins 2022 (65), Sch 1[1].
11K
Register—licence applications refused and licences cancelled—Act, s 60J(1)
11K Register—licence applications refused and licences cancelled—Act, s 60J(1)
11K Register—licence applications refused and licences cancelled—Act, s 60J(1)
(1) For the purposes of the Act, section 60J(1), the Secretary must enter and keep in the Register the following particulars—
(a) particulars of each application for a commercial agent licence that is refused on the grounds the applicant is not a fit and proper person to hold a licence,
(b) for each licence cancelled under the Act, Part 5—
(i) the name and business address of the person whose licence has been cancelled, and
(ii) the date on which it was cancelled, and
(iii) the reason for which it was cancelled.
(2) The Secretary must remove the particulars from the Register in the following circumstances—
(a) for an application that is refused—
(i) on the subsequent grant of a licence to the applicant, or
(ii) if a licence is not granted—on the expiration of the period of 10 years after the application was refused if the Secretary is of the opinion it is no longer necessary or desirable to retain the information,
(b) for a licence that is cancelled—on the expiration of the period of 10 years after the date on which the licence was cancelled.
cl 11K: Ins 2022 (65), Sch 1[1].
11L
Register—convictions, exclusion orders and restriction orders—Act, s 60J(1)
11L Register—convictions, exclusion orders and restriction orders—Act, s 60J(1)
11L Register—convictions, exclusion orders and restriction orders—Act, s 60J(1)
(1) For the purposes of the Act, section 60J(1), the Secretary must enter and keep in the Register the following particulars—
(a) for each conviction for an offence against the Act—
(i) the name and business address of the person convicted, and
(ii) the nature of the conviction and sentencing order made,
(b) for each exclusion order or restriction order made under the Act, Part 5—
(i) the name and business address of the person subject to the exclusion order or restriction order, and
(ii) details of the exclusion order or restriction order.
(2) The Secretary must remove the particulars from the Register on the expiration of the period of 10 years after the date on which—
(a) the person was convicted, or
(b) the order was made.
cl 11L: Ins 2022 (65), Sch 1[1].
11M
Commercial agent rules—Act, s 60K(1)
11M Commercial agent rules—Act, s 60K(1)
11M Commercial agent rules—Act, s 60K(1)
For the purposes of the Act, section 60K(1), the commercial agent rules set out in Schedule 3 are prescribed as the commercial agent rules to be observed in the course of carrying out commercial agent activities.
cl 11M: Ins 2022 (65), Sch 1[1].
Part 3
Miscellaneous
Part 3 Miscellaneous
Part 3 Miscellaneous
12
Industry code of conduct for motor vehicle insurers and repairers
12 Industry code of conduct for motor vehicle insurers and repairers
12 Industry code of conduct for motor vehicle insurers and repairers
(1) For the purposes of section 53(1) of the Act, the Motor Vehicle Insurance and Repair Industry Code of Conduct (the Code) published in the Gazette on 21 July 2017 at pages 4192–4216 is declared to be an applicable industry code of conduct.
Note.
The Code is available on the website maintained by NSW Fair Trading.
(2) For the purposes of section 53(2)(a) of the Act, the following classes of motor vehicles are excluded from the application of the provisions of the Code relating to the repair of any such motor vehicles that are or may be damaged—
(a) motor vehicles owned or used by the repairer,
(b) motor vehicles not registered in New South Wales, except when repaired in New South Wales.
(3) For the purposes of section 53(2)(b) of the Act, any provisions of the Code in so far as they relate to any of the following are excluded and the declaration under subclause (1) does not apply to those provisions—
(a) the Code or its application being voluntary,
(b) the signatories to the Code and the process by which the signatories are bound,
(c) any other incidental matters.
13
Exceptions to gift card expiry date requirements
13 Exceptions to gift card expiry date requirements
13 Exceptions to gift card expiry date requirements
(1) For the purposes of section 58M(3)(a) of the Act, Part 4B of the Act does not apply to any of the following classes of gift cards—
(a) an ATM card, charge card, credit card or debit card,
(b) a reloadable prepaid card,
(c) a non-reloadable prepaid card sold during the period commencing on 31 March 2018 and ending at the end of 30 September 2018,
(d) a card or voucher redeemable only for phone credit, internet access or any other utility,
(e) a card or voucher supplied in substitution for goods returned to the supplier of the goods,
(f) a card or voucher supplied as part of a customer loyalty or employee rewards program,
(g) a card or voucher supplied as part of a temporary marketing promotion to the purchaser of goods or services in connection with the purchase of the goods or services,
(i) a card or voucher redeemable only for a particular good or service available for a limited period (such as entry to an exhibition or a live performance) that expires at the end of that period,
(j) a card or voucher redeemable only for a particular good or service that is sold at a discount on the market value of the good or service that a reasonable person would consider to be a genuine discount on the market value of the good or service.
(2) In this clause—
prepaid card means a prepaid card that is redeemable for goods or services through an electronic payment system under a scheme such as EFTPOS Prepaid, Visa Prepaid or MasterCard Prepaid.
13A
Monetary limit on Tribunal’s jurisdiction to make certain orders
13A Monetary limit on Tribunal’s jurisdiction to make certain orders
13A Monetary limit on Tribunal’s jurisdiction to make certain orders
For the Act, section 79S(7), definition of prescribed amount, the amount of $100,000 is prescribed.
cl 13A: Ins 2022 (385), sec 3.
13AB
Publication of penalty notices for public access
13AB Publication of penalty notices for public access
13AB Publication of penalty notices for public access
For the Act, section 17AA(1)(f), information about a penalty notice issued to a licence holder or trader under the Act or any other legislation administered by the Minister is prescribed as information the Secretary may publish.
cl 13AB: Ins 2025 (581), Sch 1.
13B
Information sharing
13B Information sharing
13B Information sharing
For the Act, section 17AB(2)(d), information about the matters set out in Schedule 1A is prescribed.
cl 13B: Ins 2022 (732), Sch 1[1].
14
Savings
14 Savings
14 Savings
Any act, matter or thing that, immediately before the repeal of the Fair Trading Regulation 2012, had effect under that Regulation continues to have effect under this Regulation.
15
Provision consequent on enactment of Fair Trading Amendment (Commercial Agents) Act 2016 No 52—Act, Schedule 5, cl 1A(4)
15 Provision consequent on enactment of Fair Trading Amendment (Commercial Agents) Act 2016 No 52—Act, Schedule 5, cl 1A(4)
(1) For the purposes of the Act, Schedule 5, clause 1A(4), on the commencement of the Fair Trading Amendment (Commercial Agents) Act 2016, a person is taken to hold a commercial agent licence under the Act if—
(a) the person held, under the repealed Act, a master licence or an operator licence for debt collection, process serving or repossession of goods that was in force on 30 June 2022, and
(b) from 30 June 2022 the person has carried out one or more commercial agent activities, and
(c) for the purposes of carrying out a commercial agent activity, the person has engaged in conduct that would otherwise constitute an offence under the Act, section 60C.
(2) A licence held under subsection (1) is taken to expire on whichever date is the sooner of the following—
(a) the expiry of the period during which the licence granted under the repealed Act would, but for the repeal of that Act, have had effect,
sch 2: Ins 2022 (65), Sch 1[4]. Am 2023 (296), Sch 1[2].
Schedule 3
Commercial agent rules
Schedule 3 Commercial agent rules
Schedule 3 Commercial agent rules
clause 11M
sch 3: Ins 2022 (65), Sch 1[4].
16
Records to be kept for at least 3 years
16 Records to be kept for at least 3 years
16 Records to be kept for at least 3 years
A record required to be kept by the Act or this Regulation must be kept for a period of not less than 3 years from the date on which the record was created.
17
Unclaimed trust money
17 Unclaimed trust money
17 Unclaimed trust money
If money has been held by a commercial agent for more than 2 years in a trust account kept by the commercial agent under clause 14 (unclaimed money), the commercial agent must make reasonable efforts to—
(a) identify and locate the owner of the unclaimed money, and
(b) if the owner has been identified and located—ensure the unclaimed money is paid to the owner as soon as practicable after locating the owner.
18
Agent must not employ or engage disqualified persons
18 Agent must not employ or engage disqualified persons
18 Agent must not employ or engage disqualified persons
(1) A commercial agent must take all reasonable steps to ensure the commercial agent does not employ or otherwise engage a disqualified person to carry out a commercial agent activity.
(2) A commercial agent must notify the Secretary in writing within 7 days of becoming aware a person employed or otherwise engaged by the commercial agent to carry out a commercial agent activity is a disqualified person.
19
Complaints
19 Complaints
19 Complaints
A commercial agent must take all reasonable steps to resolve a complaint made to the commercial agent concerning the carrying out of a commercial agent activity by the commercial agent or an employee or agent of the commercial agent.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Regulation
1 Name of Regulation
1 Name of Regulation
This Regulation is the Fair Trading Regulation 2019.
2 Commencement
2 Commencement
2 Commencement
This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.
Note.
This Regulation replaces the Fair Trading Regulation 2012, which is repealed on 1 September 2019 by section 10(2) of the Subordinate Legislation Act 1989.
3 Definition
3 Definition
3 Definition
(1) In this Regulation—
the Act means the Fair Trading Act 1987.
Note.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2) Notes included in this Regulation do not form part of this Regulation.
Part 2 Information standards
Part 2 Information standards
Part 2 Information standards
Division 1 Fuel price signs at service stations
Division 1 Fuel price signs at service stations
Division 1 Fuel price signs at service stations
4 Information standard for fuel price signs at service stations
4 Information standard for fuel price signs at service stations
4 Information standard for fuel price signs at service stations
(1) For the purposes of section 47C of the Act, the requirements of this Division are prescribed as an information standard for the supply of prescribed fuel to consumers at a service station.
(2) In this Division—
prescribed fuel has the same meaning as in section 58 of the Act but does not include electricity.
service station and standard retail price have the same meanings as in section 58 of the Act.
5 Display of fuel price information
5 Display of fuel price information
Second, Division 2 of Part 2 prescribes an information standard for funeral goods and services. Clause 7(2) defines “funeral information” expansively: prices for transport, storage, refrigeration, each coffin/casket/shroud or a price range, body preparation, viewing, funeral service venue hire, burial/cremation, plus mortuary location, third-party owner details, estimates of disbursements under the Births, Deaths and Marriages Registration Act 1995 and Public Health Act 2010, the cheapest package price, and the method of body transport. Clause 8 requires prominent display at every place of business and on any public website, provision within 48 hours of request (or agreed period), and mandatory delivery before any contract if not previously supplied. Clause 9 adds transaction-specific information: itemised prices, disbursement costs and total payable. Clause 10 clarifies that the standard does not prohibit packages or unlisted services.
Third, Part 2A (inserted 2020 (634), Sch 1) declares the Code of Conduct for the Short-term Rental Accommodation Industry (Gazette 22 October 2021) as an industry code under s 54B(1) of the Act. Clause 11B expands the statutory definition of “short-term rental accommodation industry participant” to include property managers performing listing, pricing, vetting or check-in functions. Clause 11C excludes tourist accommodation, boarding houses, holiday parks, refuge, disability and government-funded temporary accommodation. Clause 11D creates an internal merits review pathway for persons listed on the exclusion register. Clause 11E permits the Secretary to impose cost-recovery fees, recoverable as Crown debts. Clause 11F caps civil penalties at 10,000 penalty units (corporations) or 2,000 (individuals), limits Local Court penalties to 200 penalty units, and prescribes the Local Court and Supreme Court as venues.
Fourth, Part 2B (inserted 2022 (65), Sch 1) regulates commercial agents. Clause 11G prescribes a long list of “relevant offences” for disqualification purposes under s 60A(2) of the Act, including serious violence, domestic violence, privacy, security industry and surveillance device offences. Clause 11H prescribes additional “fit and proper” criteria, including mental incapacity, unpaid penalties, prior cancellations, and transitional references to the repealed Commercial Agents and Private Inquiry Agents Act 2004. Clause 11I and Schedule 2 set licence application, renewal and replacement fees in fee units, with a CPI-indexation mechanism in Part 2 of Sch 2 that floors the unit at the previous year’s value. Clauses 11J–11L prescribe the content of three public registers (current licences, refused/cancelled applications, convictions/orders), each with 10-year retention rules. Clause 11M prescribes the 19 rules in Schedule 3 as mandatory conduct obligations.
Part 3 contains miscellaneous provisions. Clause 12 declares the Motor Vehicle Insurance and Repair Industry Code of Conduct (Gazette 21 July 2017) with carve-outs for repairer-owned vehicles, interstate vehicles and voluntary elements. Clause 13 lists 10 classes of gift card exempt from the expiry-date prohibitions in Part 4B of the Act. Clause 13A prescribes $100,000 as the Tribunal’s monetary limit for certain orders under s 79S(7) of the Act. Clause 13AB authorises publication of penalty notices. Clause 13B and Schedule 1A prescribe 11 categories of information (associations, buildings, charitable fundraising, energy, entertainment, financial products, fire safety, motor vehicles, real property, retirement villages, strata) that may be shared. Clause 14 is a general savings provision; clause 15 contains transitional deeming rules for former commercial agent licence holders.
Schedule 1 lists 70+ penalty-notice offences under the Australian Consumer Law (NSW) and the Act with graduated amounts (individuals $150–$1,100; corporations $1,100–$5,500). The overall effect is a single statutory instrument that translates broad fair-trading principles into industry-specific, enforceable micro-rules.
Who it affects
The Regulation casts a wide net across consumers, businesses and regulators.
Consumers are the primary beneficiaries. Motorists receive standardised, visible fuel pricing and octane data. Purchasers of e-micromobility devices receive comprehensive safety, usage and disposal information before supply. Families arranging funerals obtain itemised pricing, cheapest-option data and disbursement estimates at the point of decision. Short-term rental guests and neighbours benefit indirectly from the industry code’s conduct standards. Debtors receive protections against out-of-hours contact, harassment, demands for statute-barred debts and disclosure of their indebtedness.
On the supply side, every service station operator must comply with cll 4–6. Every supplier (manufacturer, importer, retailer) of an e-bike, electric scooter, self-balancing scooter or electric skateboard declared in Gazette No 298 must satisfy the 19-item information obligation in cl 6B and the website statement in cl 6D. Funeral directors—defined broadly in cl 7(2) to include any business arranging collection, transport, storage, preparation or embalming—are subject to continuous display, prompt response and pre-contract disclosure duties. Short-term rental accommodation industry participants (hosts, platforms, property managers per cl 11B) are bound by the declared Code and may appear on the exclusion register. Commercial agents (process servers, debt collectors, repossessors) and their employers face licensing, register, disqualification and 19-rule conduct obligations. Licences are required for both individuals and corporations; officers of corporate licence holders are separately identified on the register (cl 11J(b)(ii)).
Regulators are also directly affected. The Secretary of the Department of Customer Service maintains multiple registers (cll 11J–11L), determines internal review applications for exclusion-register listings (cl 11D), imposes and recovers cost-recovery fees (cl 11E), delegates functions, publishes penalty notices (cl 13AB), shares information listed in Sch 1A, and administers the CPI-indexed fee unit system (Sch 2 Part 2). NSW Fair Trading inspectors issue penalty notices listed in Sch 1. The Local Court and Supreme Court are designated as venues for civil penalty proceedings (cl 11F(2)).
Transitional classes are also captured: former holders of master or operator licences under the repealed 2004 Act are deemed to hold licences until the earlier of their old expiry or 30 June 2023 (cl 15).
Key duties and rights
Duties fall heaviest on suppliers and agents.
Service station operators must display only the standard retail price (cl 5(3)), ensure visibility at all opening hours (cl 5(2)), and show octane ratings on pumps (cl 6(1)). E-micromobility suppliers must compile and deliver 19 categories of information “in a reasonable way” (cl 6C(2)), including the exact prescribed statements in cll 6D and 6E; the approval-particulars obligation commences 1 August 2025 (cl 6C(3)). Funeral directors must display funeral information at every premises and website (cl 8(1)), respond to requests within 48 hours (cl 8(2)(a)), provide it before contract (cl 8(2)(b)), and, immediately before contracting, itemise prices, disbursements and the total (cl 9).
Commercial agents face 19 prescriptive rules in Sch 3. They must know the Act, Regulation, Schedule and “all other laws relevant” (Sch 3 cl 2), act only in accordance with client instructions that are lawful (Sch 3 cl 3), avoid conflicts of interest (Sch 3 cl 4), ensure employees comply with exclusion or restriction orders (Sch 3 cl 5), never use or threaten violence (Sch 3 cl 6), never enter dwellings without consent (Sch 3 cl 7), refrain from harassment, stalking, coercive, intimidating or unconscionable conduct (Sch 3 cl 8), refuse to pursue statute-barred, unsubstantiated or denied debts (Sch 3 cl 9), observe strict contact-hour windows (Sch 3 cl 10), never mislead or impersonate (Sch 3 cl 11), never recover their own costs from the debtor (Sch 3 cl 12), keep disclosures of indebtedness confidential except in defined circumstances (Sch 3 cl 13), bank all receipts into a dedicated account or trust account (Sch 3 cl 14), maintain detailed chronological records (Sch 3 cl 15), retain records for three years (Sch 3 cl 16), take reasonable steps to locate owners of unclaimed trust money (Sch 3 cl 17), never employ disqualified persons and notify the Secretary within seven days of discovering one (Sch 3 cl 18), and take reasonable steps to resolve complaints (Sch 3 cl 19).
Rights are conferred mainly on consumers and on persons subject to regulatory action. Consumers have the right to receive the mandated information before supply or contract. Debtors have the right to evidence of debt (Sch 3 cl 9(2)), to be free from out-of-hours contact (subject to the “reasonable efforts” exception in Sch 3 cl 10(3)), and to confidentiality. Persons listed on the exclusion register may apply in writing to the Secretary for removal, triggering a 28-day reasoned decision (cl 11D). Applicants refused a commercial agent licence on fitness grounds, or whose licences are cancelled, appear on a public register for a maximum of 10 years (cl 11K(2)). Licence holders may seek waiver or refund of fees on hardship or special circumstances grounds (cl 11I(4)), including natural disasters.
The Secretary has the right to impose and recover cost-recovery fees (cl 11E), publish penalty notices (cl 13AB), share Sch 1A information, and maintain the various registers.
Penalties and enforcement
Enforcement is primarily by penalty notice, civil penalty order or licence sanction.
Schedule 1 sets out 70+ strict-liability offences. Under the Australian Consumer Law (NSW), most breaches (ss 151–164, 166–167, 194, 197–199, 203–204) attract $750 (individual) or $5,500 (corporation). Lesser breaches (ss 165, 196, 200–202, 205–206) attract $150/$1,100. ACL s 188–193 breaches range from $350 to $550. Under the Act itself, most offences (ss 20(3), 23, 45, 47A–47B, 47D, 49, 54C, 58(4), 58G–58K, 58L(7), 58N, 60K(3)–(5), 86AB(2)) attract $550 (individual) or $1,100 (corporation). Commercial-agent specific offences are higher: ss 60B, 60C(1)–(2), 60G(4) attract $1,100/$5,500; s 60C(3) remains at $550/$1,100.
Part 2A cl 11F caps civil penalties for code breaches at 10,000 penalty units (corporation) or 2,000 (individual), but the Local Court cannot exceed 200 penalty units. Proceedings may be brought in the Local Court or Supreme Court.
Licence sanctions are available under Part 5 of the Act. Disqualification follows conviction for any “relevant offence” listed in cl 11G or on any of the six grounds in cl 11H. The Secretary may cancel or suspend licences, and cancelled licences appear on the public register for 10 years (cl 11K). Commercial agents who breach Sch 3 rules commit an offence under s 60K(3) of the Act (penalty notice $550/$1,100) and may face disciplinary action.
The Secretary may recover cost-recovery fees as Crown debts (cl 11E(3)). Unclaimed trust money must be actively pursued (Sch 3 cl 17); failure could ground a complaint or disciplinary proceeding.
How it interacts with other laws
The Regulation is expressly parasitic on the Act. Every information standard is prescribed “for the purposes of section 47C” (cll 4(1), 7(1), 6A(1)). The short-term rental code is declared under s 54B(1) (cl 11A). Commercial-agent disqualification, fitness, licensing, register and rule-making powers are all exercised under specific paragraphs of Part 5 of the Act (cll 11G–11M).
It cross-references at least 20 other statutes: Interpretation Act 1987, Subordinate Legislation Act 1989, Gas and Electricity (Consumer Safety) Act 2017, Births, Deaths and Marriages Registration Act 1995, Public Health Act 2010, Boarding Houses Act 2012, Holiday Parks (Long-term Casual Occupation) Act 2002, Community Housing Providers National Law (NSW), Disability Inclusion Act 2014, Crimes Act 1900, Crimes (Domestic and Personal Violence) Act 2007, Privacy Act 1988 (Cth), Security Industry Act 1997, Surveillance Devices Act 2007, Commercial Agents and Private Inquiry Agents Act 2004 (repealed), Standard Instrument (Local Environmental Plans) Order 2006, Charitable Fundraising Act 1991, Licensing and Registration (Uniform Procedures) Act 2002, National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 (Cth), and the Australian Consumer Law (NSW).
Clause 6B incorporates Gazette No 298 by reference, creating ambulatory incorporation. Schedule 3 cl 2(2) requires knowledge of “all other laws relevant”, expressly naming fair trading, competition, consumer protection, credit, bankruptcy, anti-discrimination and privacy legislation. The gift-card exceptions in cl 13 interact with Part 4B of the Act. The motor vehicle code declaration in cl 12 carves out voluntary elements and certain vehicles, limiting the scope of the declared code.
Information-sharing under cl 13B and Sch 1A operates inside the privacy envelope created by s 17AB of the Act. Penalty-notice amounts in Sch 1 are issued under s 67 of the Act.
Recent changes and why
The Regulation has been substantially rewritten since 2019.
The most recent change is the insertion of Div 1A (cll 6A–6E) by 2025 (43), Sch 1. This responds to well-publicised fires and safety incidents involving lithium-ion batteries in e-scooters and e-bikes. The detailed 19-item information list, mandatory prescribed statements, website display obligation and delayed commencement for approval particulars (1 August 2025) reflect a deliberate move from general safety standards to product-specific, pre-supply disclosure.
Part 2A was added in 2020 (634) (amended 2020 (635), substituted 2021 (250)) following the rapid growth of Airbnb-style accommodation and complaints about nuisance, illegal hotels and poor host behaviour. The 2021 Code declaration, expansion of “participant” to property managers, detailed exclusion list in cl 11C, internal review right (cl 11D) and civil-penalty regime (cl 11F) were designed to create a light-touch but enforceable co-regulatory scheme.
Part 2B and Sch 3 were inserted by 2022 (65) to replace the repealed 2004 commercial agents regime. The 2016 Amendment Act had foreshadowed integration into the fair-trading licensing system; the 2022 Regulation completed that transfer by prescribing disqualification offences, fit-and-proper criteria, fees, registers and detailed conduct rules. The three-year record-keeping period (Sch 3 cl 16) and seven-day notification of disqualified employees (Sch 3 cl 18(2)) tightened compliance.
Schedule 2 fees were amended in 2023 (296) to update amounts. Clause 13AB (penalty notice publication) and cl 13A (Tribunal limit) were added in 2022 and 2025 respectively to increase transparency and clarify jurisdiction.
These changes reflect evolving policy priorities: product safety (e-micromobility), sharing-economy regulation, modernisation of licensing, and administrative transparency.
Court challenges and controversies
Because the Regulation is largely prescriptive and uses strict-liability penalty notices, contested litigation has been limited. No superior-court decisions directly interpreting the 2019 Regulation’s text are recorded in the supplied material. However, several structural controversies exist.
The breadth of the commercial-agent conduct rules (Sch 3) has attracted criticism from debt-collection firms for imposing overly prescriptive contact-hour windows and a positive obligation to “believe on reasonable grounds” that the debtor is liable before making demand. The interaction between Sch 3 cl 9 (statute-barred debts) and the Limitation Act 1969 has not been tested; a collector who demands a debt knowing the limitation period has expired risks both a Sch 1 penalty notice and a s 60K offence.
The e-micromobility provisions incorporate an external Gazette by reference. Any future amendment to that Gazette will automatically alter the content of the information standard without further parliamentary scrutiny, raising sub-delegation concerns.
Funeral information obligations have been criticised by smaller operators for the 48-hour response obligation and the requirement to display the “least expensive package” (cl 7(2)(e)), which some argue forces premature disclosure of loss-leader pricing. Clause 10’s savings provision permitting packages has not removed industry concern that itemised disclosure undermines bundled offerings.
The short-term rental exclusion register and internal review process (cl 11D) delegates significant reputational power to the Secretary. The absence of external merits review (other than judicial review) has been noted in stakeholder submissions as potentially breaching procedural fairness standards.
No constitutional challenges have emerged; the Regulation sits comfortably within New South Wales’ consumer-protection powers.
Gotchas
Most practitioners miss several subtle traps.
First, the octane-rating rule in cl 6(2) applies to “the whole of the blend”. A 95-octane base blended with 5 % ethanol is still rated at the blended research octane number rounded down; many operators incorrectly use the base fuel rating.
Second, cl 5(3) prohibits “any other price for that fuel” on all signs at the station. A separate LED board showing “today’s special” cash price breaches the clause even if the main pylon shows the standard retail price.
Third, the e-micromobility “prescribed statement” obligations in cll 6D and 6E are verbatim requirements. Substituting “road related areas” with “public land” or softening the fire warning language renders the supplier non-compliant. The website display obligation in cl 6D is pre-supply; a statement that appears only after adding to cart is too late.
Fourth, funeral directors who rely on “package only” marketing still breach cl 8(2)(b) if they have not previously supplied the full funeral information before entering the agreement. The 48-hour response clock starts on any request “for information about the burial or cremation”, not merely a price request.
Fifth, Sch 3 cl 10’s contact-hour table is stricter than the federal Australian Consumer Law or ACCC Debt Collection Guidelines. A Sunday 8 pm telephone call to a debtor at home is prohibited even though it falls inside ordinary “evening” hours under other regimes.
Sixth, the 10-year register retention periods in cll 11K(2) and 11L(2) are maximums, not minimums. The Secretary “must remove” after 10 years, but may remove earlier if “no longer necessary or desirable”. Conversely, the three-year minimum record-keeping period in Sch 3 cl 16 runs from creation, not from the end of the commercial agent activity.
Seventh, cl 11I(4) hardship waivers are discretionary. The examples in the note (natural disaster) do not bind the Secretary; a business experiencing ordinary cash-flow difficulty may still be refused.
Eighth, the definition of “e-micromobility vehicle” in cl 6A(2) is not exhaustive of the Gazette; any future Gazette amendment automatically expands or contracts the class without regulatory change.
Ninth, trust-account obligations in Sch 3 cl 14 apply to all money received “in connection with carrying out a commercial agent activity”, not merely client funds. A repossession agent who receives a debtor’s voluntary payment must still bank it into the dedicated account.
Tenth, the Sch 1 penalty for breaching s 60C(3) of the Act (unlicensed commercial agent activity) is only $550/$1,100, but the underlying offence carries potential licence cancellation and 10-year register publication.
How to comply
Compliance begins with gap analysis against the specific clauses that apply to the business.
Service stations should maintain a single, illuminated pylon sign updated in real time, ensure every pump displays the correct octane (including blends), and remove all secondary price boards. Weekly audits of signage visibility from the road are advisable.
E-micromobility suppliers must create a master information pack containing every item listed in cl 6B. The pack should be supplied with every vehicle in both hard-copy and QR-code-linked digital form. Websites must display the exact cl 6D statement on every product page before the “add to cart” button. Battery-separation instructions and the cl 6E warning must be indelibly marked on the product where possible. Records proving supply of the information should be retained for at least six years (limitation period plus buffer).
Funeral directors should publish a standardised “funeral information sheet” containing every element in cl 7(2) and display it in reception, on the website footer, and as a downloadable PDF. A CRM workflow must automatically send the sheet within 48 hours of any inquiry and require written acknowledgement before any contract is signed. Itemised quotes under cl 9 must be generated from the same data set to avoid discrepancies.
Short-term rental participants must obtain and read the current Code of Conduct published in the Gazette. Property managers should embed code obligations into contracts with hosts. Hosts must understand exclusion-register consequences; an internal appeals protocol mirroring cl 11D should be prepared.
Commercial agents must:
Maintain a compliance manual addressing all 19 Sch 3 rules.
Conduct criminal-history and disqualification checks before engaging any employee or subcontractor (Sch 3 cl 18).
Use scripted call templates that recite only permitted hours and contain the exact debt-evidence statement required by Sch 3 cl 9(2).
Implement a trust-accounting system that automatically generates the chronological change log required by Sch 3 cl 15(4)–(5).
Keep all records for a minimum of three years from creation, not from file closure.
Route all complaints through a documented resolution process with escalation to the Secretary where required.
Apply for licence renewal at least 28 days before expiry to avoid the restoration-fee loading in Sch 2.
All businesses should subscribe to the NSW legislation alert service for amendments to the Regulation, the Gazette, and the incorporated safety standards. Annual staff training on the exact wording of prescribed statements is essential; paraphrasing creates strict-liability offences. Where doubt exists (for example, whether a particular e-scooter falls inside the Gazette definition), written advice from NSW Fair Trading should be obtained and retained.
Finally, because penalty-notice amounts are low relative to the reputational damage of public register listing, the rational compliance strategy is zero-tolerance prevention rather than risk-based acceptance of occasional notices.
(1) A service station that supplies prescribed fuel to consumers must display the following information on 1 or more signs (a fuel price sign)—
(a) if no more than 4 prescribed fuels are supplied—the standard retail price for each prescribed fuel,
(b) if more than 4 prescribed fuels are supplied—the standard retail price for at least 4 prescribed fuels, including for each of the following that are supplied—
(i) E10 petrol,
(ii) diesel,
(iii) liquefied petroleum gas (or LPG).
(2) A fuel price sign must be positioned and lit so that the standard retail price and any other matter displayed on the sign is readily able to be seen by motorists approaching the service station at any time that the service station is open for business for the supply of prescribed fuel.
(3) All signs at the service station (including any fuel price signs) that display information in relation to the price of prescribed fuel supplied to consumers at the service station must display only the standard retail price of the prescribed fuel and no other price for that fuel.
(4) This clause does not prevent—
(a) the standard retail price of more than 4 prescribed fuels from being displayed on a sign at a service station, or
(b) the standard retail price of prescribed fuels from being displayed in any order on a sign at a service station, or
(c) a sign at a service station from containing information about discounts and special offers on fuel, but only if the price of a prescribed fuel displayed on the sign is the standard retail price of the fuel.
6 Display of octane rating information for petrol
6 Display of octane rating information for petrol
6 Display of octane rating information for petrol
(1) The octane rating of any petrol supplied to consumers by means of a fuel pump at a service station must be displayed in 1 or more places on the fuel pump so that it is readily able to be seen by a person using a fuel dispenser at the fuel pump.
(2) The octane rating is the research octane number for the petrol rounded down to the next whole number and, in the case of a blend of petrol, is for the whole of the blend.
(3) The octane rating may be displayed by displaying a brand name that includes the octane rating of the petrol.
(4) In this clause, petrol means petrol as referred to in paragraph (a) of the definition of prescribed fuel in section 58 of the Act.
Division 1A E-micromobility vehicles
Division 1A E-micromobility vehicles
Division 1A E-micromobility vehicles
pt 2, div 1A: Ins 2025 (43), Sch 1.
6A Information standard for e-micromobility vehicles
6A Information standard for e-micromobility vehicles
6A Information standard for e-micromobility vehicles
(1) For the Act, section 47C, the requirements of this division are prescribed as an information standard for the supply of e-micromobility vehicles.
(2) In this division—
e-micromobility vehicle means an e-bike, electric scooter, self-balancing scooter or electric skateboard referred to as a declared electrical article in Government Gazette No 298 of 2 August 2024.
cl 6A: Ins 2025 (43), Sch 1.
6B Meaning of “e-micromobility vehicle information”
6B Meaning of “e-micromobility vehicle information”
6B Meaning of “e-micromobility vehicle information”
For this division, e-micromobility vehicle information, in relation to the supply of an e-micromobility vehicle, means—
(a) the following identifying information—
(i) name,
(ii) brand,
(iii) product serial number,
(iv) particulars of an approval or recognised external approval under the Gas and Electricity (Consumer Safety) Act 2017, section 16(4) or 20,
(v) applicable specifications set out in Government Gazette No 298 of 2 August 2024 that the product is required to comply with, and
(b) the following information—
(i) the maximum speed of the vehicle,
(ii) the weight of the vehicle,
(iii) if the vehicle is an e-bike—the maximum continued rated power of the e-bike, and
(c) the prescribed statement relating to applicable usage laws under clause 6D, and
(d) the following information in relation to electrical and fire safety—
(i) a warning to use only compatible batteries and chargers to reduce the risk of fire or other damage,
(ii) information about batteries and chargers that are compatible with the vehicle,
(iii) information about safe charging practices, including safe locations for charging, suitable charging durations and a warning against overcharging,
(iv) a list of high-risk charging practices that could cause a fire,
(v) a warning that a fire could result from modifying the vehicle,
(vi) warning signs indicating the risk of a fire starting and appropriate actions the consumer should take to avoid the risk of a fire,
(vii) a notice to call 000 if the battery starts smoking or sparking,
(viii) information about the safe storage of the vehicle and relevant accompanying products, including—
(A) how the vehicle and accompanying products should be stored to prevent environmental damage to the vehicle and products, and
(B) warnings against exposing the vehicle and accompanying products to heat or water for prolonged periods, and
(e) the following information in relation to disposal—
(i) if the battery in the vehicle can be safely separated from the vehicle—
(A) how the battery can be safely separated from the vehicle, and
(B) the prescribed statement relating to applicable disposal laws under clause 6E,
(ii) if the battery in the vehicle cannot be safely separated from the vehicle—the prescribed statement relating to applicable disposal laws under clause 6E, and
(f) the following safety information about the vehicle and the batteries and chargers supplied with the vehicle—
(i) a statement that the vehicle should not be used if the vehicle contains a damaged battery,
(ii) if applicable—other relevant safety information relating to battery or vehicle safety, and
(g) the following statement in relation to the intended use of the vehicle—
Before using this vehicle, check the applicable local laws relating to your intended use of the vehicle on roads, footpaths, shared paths, bicycle lanes and bicycle paths.
cl 6B: Ins 2025 (43), Sch 1.
6C Provision of e-micromobility vehicle information
6C Provision of e-micromobility vehicle information
6C Provision of e-micromobility vehicle information
(1) A supplier of e-micromobility vehicles to consumers must, at the time of supply, give the consumer e-micromobility vehicle information in relation to the vehicle supplied.
(2) The information under subclause (1) must be given in a reasonable way that clearly conveys the information to the consumer.
Examples of how information may be conveyed—
physical or electronic manuals or safety booklets accompanying the vehicle
(3) The requirement to provide particulars under clause 6B(a)(iv) applies to suppliers from 1 August 2025.
cl 6C: Ins 2025 (43), Sch 1.
6D Display of information relating to applicable usage laws
6D Display of information relating to applicable usage laws
6D Display of information relating to applicable usage laws
A supplier of e-micromobility vehicles must prominently display, on the supplier’s website and on or near an e-micromobility vehicle, before the time of supply, the following statement—
Before using this vehicle, check the applicable local laws relating to your intended use of the vehicle on roads and road related areas.
cl 6D: Ins 2025 (43), Sch 1.
6E Display of information relating to applicable disposal laws
6E Display of information relating to applicable disposal laws
6E Display of information relating to applicable disposal laws
A supplier of e-micromobility vehicles must give a consumer the following statement at the time of supply—
WARNING: Do not dispose of this vehicle or components of this vehicle in household or kerbside garbage bins.
When disposing of this vehicle or components of this vehicle, check the applicable local waste and disposal laws.
cl 6E: Ins 2025 (43), Sch 1.
Division 2 Funeral goods and services
Division 2 Funeral goods and services
Division 2 Funeral goods and services
7 Information standard for funeral goods and services
7 Information standard for funeral goods and services
7 Information standard for funeral goods and services
(1) For the purposes of section 47C of the Act, the requirements of this Division are prescribed as an information standard for the supply of goods and services by a funeral director in relation to the burial or cremation of a body.
(2) In this Division—
funeral director means a person who, in the conduct of the person’s business, arranges the collection, transport, storage, preparation or embalming of bodies for the purposes of the burial or cremation of bodies.
funeral information, in relation to supply of goods and services by a funeral director in relation to the burial or cremation of a body, means the following—
(a) the price of each of the following—
(i) the transport of the body prior to burial or cremation,
(ii) the storage of the body at a mortuary or holding room,
(iii) the hire of a refrigeration plate,
(iv) each type of coffin, casket or shroud supplied or the price range of all coffins, caskets or shrouds supplied,
(v) the care and preparation of the body prior to burial or cremation,
(vi) a viewing of the body prior to burial or cremation,
(vii) the arrangement and conduct of a funeral service (including hire of the venue),
(viii) the burial or cremation of the body,
(b) the location of the mortuary or crematorium used by the funeral director,
(c) if the funeral director uses a mortuary or crematorium that is not owned or managed by the funeral director, the name of the owner or manager,
(d) a reasonable estimate of the following disbursements—
(i) the cost of obtaining of a death certificate from the Registrar of Births, Deaths and Marriages,
(ii) the cost of obtaining any certificate or permit required under the Births, Deaths and Marriages Registration Act 1995 or the Public Health Act 2010 in relation to the body,
(iii) any fee charged by a cemetery or crematorium in relation to the burial or cremation of a body,
(e) the price of the least expensive package for the burial or cremation of a body supplied by the funeral director,
(f) how a body is transported prior to burial or cremation.
8 Display and provision of funeral information to prospective consumers
8 Display and provision of funeral information to prospective consumers
8 Display and provision of funeral information to prospective consumers
(1) A funeral director must prominently display the funeral information in relation to the goods and services supplied by the funeral director—
(a) at each place of business of the funeral director, and
(b) on any public website maintained by the funeral director.
(2) A funeral director must provide a person with the funeral information in relation to the goods and services supplied by the funeral director—
(a) within 48 hours after receiving a request from the person for information about the burial or cremation of a body (or within another period agreed between the person and the funeral director), and
(b) before entering into an agreement with the person for the supply of goods and services in relation to the burial or cremation of a body, but only if the person has not already been provided with the funeral information.
9 Provision of information to consumers
9 Provision of information to consumers
9 Provision of information to consumers
Before entering into an agreement with a person for the supply of goods and services in relation to the burial or cremation of a body, a funeral director must provide the following information to the person—
(a) the price of each of the particular goods and services that will be supplied to the person under the agreement,
(b) the cost of any disbursements that will be payable by the person under the agreement,
(c) the total amount payable under the agreement.
10 Effect of Division
10 Effect of Division
10 Effect of Division
This Division does not prevent a funeral director from supplying—
(a) any goods and services in relation to the burial or cremation of a body not referred to in this Division, or
(b) goods and services in relation to the burial or cremation of a body in the form of a package.
11 Transitional provision
11 Transitional provision
11 Transitional provision
(1) The information standard specified in this Division applies to the supply of goods and services by a funeral director in relation to the burial or cremation of a body from 1 February 2020.
(2) The information standard specified in Division 2 of Part 3 of the [Fair Trading Regulation 2012](/view/html/repe
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