Western Australia Fair Trading Act 2010
The Western Australian statute that applies the Australian Consumer Law as the ACL (WA) and adds the State's own trader duties: no contracting out, compliance with prescribed codes of practice, no advertisements implying regulator approval, cooperation with and no obstruction of Consumer Protection investigators, compliance checks on licensees, liability of officers, employers and principals, the statutory defences, and court orders preserving money and property.
Western Australia Fair Trading Act 2010 is a compliance framework from Australia (Western Australia) with 5 domains and 12 controls. The largest domains are Parts 5 and 6: The Commissioner, investigation and enforcement powers – Western Australia Fair Trading Act 2010 (4 controls), Parts 7 to 9: Criminal and civil proceedings, liability, defences, court orders and miscellaneous – Western Australia Fair Trading Act 2010 (4 controls), Part 3: The Australian Consumer Law as a law of Western Australia – Western Australia Fair Trading Act 2010 (2 controls). Every control below carries what it requires and what an assessor expects to see.
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Framework Domains (5)
Part 3: The Australian Consumer Law as a law of Western Australia – Western Australia Fair Trading Act 2010
| Code | Title |
|---|---|
| western-australia-fair-trading-act-2010::19-24 | Comply with the Australian Consumer Law (WA) as the applied law of the State, wherever the conduct occurs |
| western-australia-fair-trading-act-2010::32-33 | Offences against the ACL (WA) are crimes, including for persons involved in them |
Part 4: Codes of practice – Western Australia Fair Trading Act 2010
| Code | Title |
|---|---|
| western-australia-fair-trading-act-2010::42-47 | Comply with any prescribed code of practice and any Tribunal order to cease contravening it or rectify its consequences |
Parts 1 and 2: Object, interpretation and application – Western Australia Fair Trading Act 2010
| Code | Title |
|---|---|
| western-australia-fair-trading-act-2010::13 | No contracting out: the Act applies despite any contrary term |
Parts 5 and 6: The Commissioner, investigation and enforcement powers – Western Australia Fair Trading Act 2010
| Code | Title |
|---|---|
| western-australia-fair-trading-act-2010::62 | Never publish an advertisement that states or implies approval by a consumer affairs authority |
| western-australia-fair-trading-act-2010::69-88 | Give truthful information, answers and documents when an authorised person requires them in an investigation |
| western-australia-fair-trading-act-2010::88A-88E | Regulated persons: admit compliance checks at business premises during business hours without a warrant |
| western-australia-fair-trading-act-2010::89 | Do not obstruct an authorised person; give access and reasonable assistance with warrants and compliance checks |
Parts 7 to 9: Criminal and civil proceedings, liability, defences, court orders and miscellaneous – Western Australia Fair Trading Act 2010
| Code | Title |
|---|---|
| western-australia-fair-trading-act-2010::106-107 | Comply with any court order preserving money or property while proceedings are on foot |
| western-australia-fair-trading-act-2010::94A | Officers of a body corporate are liable for the advertising offence and for listed ACL (WA) offences |
| western-australia-fair-trading-act-2010::95 | Employers and principals answer for offences by employees and agents unless reasonable diligence could not have prevented them |
| western-australia-fair-trading-act-2010::96-98 | Keep the precautions, diligence and reliance records needed to raise the statutory defences |
What is Western Australia Fair Trading Act 2010 and who does it apply to?
Western Australia Fair Trading Act 2010 is a compliance framework from Australia (Western Australia) with 5 domains and 12 controls. The Western Australian statute that applies the Australian Consumer Law as the ACL (WA) and adds the State's own trader duties: no contracting out, compliance with prescribed codes of practice, no advertisements implying regulator approval, cooperation with and no obstruction of Consumer Protection investigators, compliance checks on licensees, liability of officers, employers and principals, the statutory defences, and court orders preserving money and property. It is used by organisations to establish and maintain compliance with industry standards and regulatory requirements.
What does Western Australia Fair Trading Act 2010 actually require?
Western Australia Fair Trading Act 2010 has 12 controls organised across 5 domains. The largest domains are Parts 5 and 6: The Commissioner, investigation and enforcement powers – Western Australia Fair Trading Act 2010 (4 controls), Parts 7 to 9: Criminal and civil proceedings, liability, defences, court orders and miscellaneous – Western Australia Fair Trading Act 2010 (4 controls), Part 3: The Australian Consumer Law as a law of Western Australia – Western Australia Fair Trading Act 2010 (2 controls). Each control defines specific requirements that organisations must implement to achieve compliance.
If I already comply with another framework, how much of Western Australia Fair Trading Act 2010 do I already cover?
Western Australia Fair Trading Act 2010 does not currently have cross-framework mappings in our system. Check back as we continuously expand our mapping database.
How do I implement Western Australia Fair Trading Act 2010?
Start your Western Australia Fair Trading Act 2010 compliance journey by running a self-assessment on our platform to identify your current compliance posture. Our AI advisory can answer specific questions about Western Australia Fair Trading Act 2010 requirements, and cross-framework mapping helps you leverage existing controls from other frameworks you may already comply with. Create a free account to access all 12 controls and track your progress.
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