223 Fair Trading Act not affected
This Act does not limit or otherwise affect the exercise of any function under the Fair Trading Act 1987.
224 Exclusion of personal liability
A matter or thing done or omitted to be done by the Director-General, an authorised officer or any person acting under the direction of the Director-General does not, if the matter or thing was done or omitted in good faith for the purpose of executing this or any other Act, subject the Director-General, authorised officer or person so acting personally to any action, liability, claim or demand.
(1) A notice or direction in writing that is required or permitted to be given under this Act may be given as provided by this section.(2) A notice or direction may be given to a person other than a corporation:(a) by giving it to the person himself or herself, or(b) by leaving it at his or her place of residence with someone who apparently resides there and has apparently reached the age of 16 years, or(c) by leaving it at his or her place of employment or business with someone who is apparently employed there and has apparently reached the age of 16 years, or(d) by posting it in a letter addressed to him or her at the address last known to the Director-General of his or her place of residence, employment or business.(3) A notice or direction may be given to a corporation:(a) by giving it to the secretary of the corporation, or any other person concerned in the management of the corporation, personally, or(b) by leaving it at the corporation’s only or principal place of business with someone who is apparently employed there and has apparently reached the age of 16 years, or(c) by posting it in a letter addressed to the corporation at the address last known to the Director-General of its only or principal place of business.(4) This section does not limit any provision of the Corporations Act.
(1) The Property, Stock and Business Agents Act 1941 is repealed.(2) The Property, Stock and Business Agents (General) Regulation 1993 is repealed.
227 Savings and transitional provisions
Schedule 1 has effect.
229 Displacement of Corporations legislation
A provision of Part 9 (Management and receivership) is a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) In particular the Governor may make regulations for or with respect to:(a) prescribing the procedure to be followed in respect of applications under this Act,(b) fixing the maximum amount of remuneration to which a licensee is entitled, by way of commission, fee, gain or reward, for services performed by him or her as a licensee,(c) requiring licensees to display or otherwise publicise or give notice of particulars of their remuneration and prescribe the consequences of a failure to comply with any such requirement,(d) prescribing the accounts and other records to be kept by a licensee and the manner in which they are to be kept,(e) prescribing the conditions applicable to and in respect of the sale by auction of land or livestock,(f) prescribing the manner in which the conditions of the sale by auction of land or livestock must be notified,(g) prescribing a method of service (which may include electronic transmission) of any notice, statement of claim, order or other document authorised or required to be served by or under a provision of this Act, either in addition to or as an alternative to a method of service provided for by the provision concerned,(h) prescribing exemptions from the operation of this Act or specified provisions of this Act.(3) A regulation may create an offence punishable by a penalty not exceeding 40 penalty units in the case of a corporation or 20 penalty units in any other case.
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.