South Australian Consolidated Acts

FAIR TRADING ACT 1987 - SECT 97

97—Regulations

        (1)         The Governor may make such regulations as are contemplated by this Act or as are necessary or expedient for the purposes of this Act.

        (2)         Without limiting the generality of subsection (1), the regulations may—

            (a)         be of general or limited application; and

            (b)         confer powers or impose duties in connection with the regulations on the Minister, the Commissioner or an authorised officer; and

            (ba)         fix fees in respect of any matter under this Act and provide for their payment, recovery or waiver; and

            (c)         exempt a specified person or class of persons, or a specified transaction or class of transactions, from compliance with this Act or a specified provision of this Act, either absolutely or on conditions or subject to limitations; and

            (d)         make different provision according to the classes of persons, or the matters or circumstances, to which they are expressed to apply; and

            (f)         incorporate, adopt, apply or make prescriptions by reference to, with or without modifications, any document formulated or published by any body or authority as in force at a particular time or from time to time; and

            (g)         make provisions of a saving or transitional nature—

                  (i)         consequent on the amendment of this Act by a relevant Act; or

                  (ii)         relevant to the interaction between this Act and a relevant Commonwealth Act; and

            (h)         without derogating from the power to fix expiation fees under section 28F, fix expiation fees for an alleged offence against this Act or the regulations, not exceeding—

                  (i)         in the case of an offence against this Act—$1 200; and

                  (ii)         in the case of an offence against the regulations—$210; and

                  (i)         impose penalties not exceeding $2 500 for contravention of a regulation.

        (3)         A provision of a regulation made under subsection (2)(g) may, if the regulation so provides, take effect from the commencement of a relevant Act or relevant Commonwealth Act or from a later day.

        (3a)         If a document formulated or published by any body or authority as in force at a particular time or from time to time is incorporated, adopted, applied or referred to in the regulations—

            (a)         a copy of the document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and

            (b)         evidence of the contents of the document may be given in any legal proceedings by production of a document apparently certified by the Minister or the Minister responsible for the administration of the Small Business Commissioner Act 2011 to be a true copy of the document.

        (4)         In this section—

"relevant Act" means the Statutes Amendment and Repeal (Australian Consumer Law) Act 2010 ;

"relevant Commonwealth Act" means—

            (a)         the Trade Practices Amendment (Australian Consumer Law) Act (No 2) 2010 of the Commonwealth; or

            (b)         any other Act of the Commonwealth relevant to the interaction between this Act and the Competition and Consumer Act.