Fair Trading (Reinstatement of Regulations) Act 2008

Fair Trading (Reinstatement of Regulations) Act 2008

An Act to provide for the temporary reinstatement of the Fair Trading (Code of Practice for Retail Tenancies) Regulations 1998

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Fair Trading (Reinstatement of Regulations) Act 2008 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Interpretation

In this Act –

gap period means the period commencing on 5 August 2008 and ending on the commencement of this Act;

Regulations means the Fair Trading (Code of Practice for Retail Tenancies) Regulations 1998 which were repealed on 5 August 2008 under section 11 of the Subordinate Legislation Act 1992 .

4.   Reinstatement of Regulations

(1)  The Regulations are reinstated for a 2-year period commencing on the day on which this Act commences.

(2)  The Regulations are reinstated –

(a) as they existed immediately before the gap period; and

(b) with the same citation number: S.R. 1998, No. 118.

(3)  The reinstatement of the Regulations by this Act does not prevent their amendment or rescission by regulations made under the Fair Trading Act 1990 before the expiry of the period referred to in subsection (1) .

(4)  To avoid doubt, the Regulations have no force or effect in respect of the gap period except in so far as section 16 of the Acts Interpretation Act 1931 may apply.

5.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Corrections and Consumer Protection; and

(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Justice.

6.   Expiry of Act

This Act expires immediately after the end of the period referred to in section 4(1) .

[Second reading presentation speech made in:

House of Assembly on 28 OCTOBER 2008

Legislative Council on 12 NOVEMBER 2008]