Page 2138 - Week 08 - Wednesday, 9 September 1992
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Two important purposes are served by requiring a person to obtain the director's approval before going to the Magistrates Court to enforce an undertaking. First, the director is alerted to the trader's failure to comply with the undertaking. Consequently, if the trader's failure is systematic, the director can intervene in the proceedings to ensure that any orders cover other consumers similarly affected. Secondly, prior to the commencement of any legal action, the director has an opportunity to ensure that the dispute resolution mechanisms of a code have been tried. It reduces the number of matters which need to come through the court system, while providing a mechanism for swift rectification of most code breaches. Traders can be fined for a breach of an order of the court. Individual traders can be fined up to $5,000 and corporate traders can be fined up to $25,000.
Madam Speaker, that concludes my brief outline of the Bill. As I noted earlier in this speech, this Bill is the first stage of the Government's strategy for promoting fair trading. Yet, even as this legislation is being introduced in the Territory, the Commonwealth Trade Practices Act and the New South Wales Fair Trading Act are already being reviewed. One of our tasks in the next stage will be to consider incorporating any forthcoming amendments in our new legislation. In closing, I would like us to focus our attention on the purposes of this Bill. We are all consumers. This proposed legislation will empower and assist us to become more successful consumers in a marketplace where traders know and value the principles of fair trading. Codes of practice exemplify this approach. Consumers and traders alike will benefit from laws which maximise choice and competition without sacrificing quality and service. That is the challenge of this and all future fair trading laws.
Madam Speaker, this is a significant piece of reform which will codify trade practices and consumer legislation in this Territory and will mark a new stage of consumer protection for the community. I commend the Bill and the explanatory memorandum to members of the Assembly. In presenting the explanatory memorandum, I would draw members' attention to the rather different format that this explanatory memorandum has from the traditional format, which is designed to be far clearer and easier to interpret to the community.
Debate (on motion by Mr De Domenico) adjourned.
ADJOURNMENT
MADAM SPEAKER: Order! It being past 4.30 pm, I propose the question:
That the Assembly do now adjourn.
Ms Follett: I require the question to be put forthwith without debate.
Question resolved in the negative.
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