South Australia
Fair Trading Regulations 2010
under the Fair Trading Act 1987

Contents
1	Short title
3	Interpretation
4	Related Acts (section 3 of Act)
5	Liability relating to supply of recreational services may be limited (section 42 of Act)
6	Embargo notices (section 78C of Act)
7	Expiation of offences against Australian Consumer Law (SA)
Schedule 1—Forms
Legislative history

1—Short title
These regulations may be cited as the Fair Trading Regulations 2010.
3—Interpretation
In these regulations—
Act means the Fair Trading Act 1987.
4—Related Acts (section 3 of Act)
For the purposes of paragraph (b) of the definition of related Act in section 3(1) of the Act, each of the following is prescribed as a related Act:
	(a)	the Hairdressers Act 1988;
	(b)	the Land and Business (Sale and Conveyancing) Act 1994;
	(c)	Part 41 of the Landlord and Tenant Act 1936;
	(d)	the Residential Parks Act 2007;
	(e)	the Building and Construction Industry Security of Payment Act 2009.
Note—
1	Part 4 of the Landlord and Tenant Act 1936 was repealed by section 81 of the Retail and Commercial Leases Act 1995. However, it continues to apply (subject to modifications prescribed by regulation under the Retail and Commercial Leases Act 1995) to a retail shop lease entered into before the commencement of the Retail and Commercial Leases Act 1995.
5—Liability relating to supply of recreational services may be limited (section 42 of Act)
	(1)	Form 1 in Schedule 1 is prescribed for the purposes of section 42 of the Act.
	(2)	For the purposes of section 42(2)(b) of the Act, a term of a contract for the supply of recreational services that excludes, restricts or modifies the liability of the supplier for any personal injury suffered by the consumer or a third party consumer must be in the form prescribed by Form 1 and contain the particulars prescribed in that form.
	(3)	If a consumer agrees to a term that excludes, restricts or modifies the liability of the supplier (as specified in Form 1), the consumer must indicate his or her agreement by signing and dating the completed form.
	(4)	If the consumer requests a copy of the signed and completed Form 1, the supplier must give the consumer the copy within 7 days of the request.
6—Embargo notices (section 78C of Act)
For the purposes of section 78C of the Act, an embargo notice must contain the following details in addition to the matters required by section 78C(4) of the Act:
	(a)	a description of the thing to which the notice applies;
	(b)	either the name of the person on whom the notice is to be served or a statement that the notice is to be affixed to the thing;
	(c)	the name, signature and business telephone number of the authorised officer who issued the notice;
	(d)	the date on which the notice was served or affixed.
7—Expiation of offences against Australian Consumer Law (SA)
The expiation fees specified in the following table are fixed for alleged offences against the Australian Consumer Law (SA) arising from an alleged contravention of the section specified opposite the fee:

Section		Fee	
Section 151	False or misleading representations about goods or services	$1 200	
Section 152	False or misleading representations about sale etc of land	$1 200	
Section 153	Misleading conduct relating to employment	$1 200	
Section 154	Offering rebates, gifts, prizes etc	$1 200	
Section 155	Misleading conduct as to the nature etc of goods	$1 200	
Section 156	Misleading conduct as to the nature etc of services	$1 200	
Section 157	Bait advertising	$1 200	
Section 158	Wrongly accepting payment	$1 200	
Section 159	Misleading representations about certain business activities	$1 200	
Section 161	Unsolicited cards etc	$1 200	
Section 162	Assertion of right to payment for unsolicited goods or services	$1 200	
Section 163	Assertion of right to payment for unauthorised entries or advertisements	$1 200	
Section 164	Participation in pyramid schemes	$1 200	
Section 165	Multiple pricing	$150	
Section 166	Single price to be specified in certain circumstances	$1 200	
Section 167	Referral selling	$1 200	
Section 168	Harassment and coercion	$1 200	
Section 169	Display notices	$500	
Section 170	Permitted hours for negotiating an unsolicited consumer agreement	$500	
Section 171	Disclosing purpose and identity	$500	
Section 172	Ceasing to negotiate on request	$500	
Section 173	Informing person of termination period etc	$500	
Section 174	Requirement to give document to the consumer	$500	
Section 175	Requirements for all unsolicited consumer agreements etc	$500	
Section 176	Additional requirements for unsolicited consumer agreements not negotiated by telephone	$500	
Section 177	Requirements for amendments of unsolicited consumer agreements	$500	
Section 178	Obligations of suppliers on termination	$500	
Section 179	Prohibition on supplies for 10 business days	$500	
Section 180	Repayment of payments received after termination	$500	
Section 181	Prohibition on recovering amounts after termination	$500	
Section 182	Certain provisions of unsolicited consumer agreements void	$500	
Section 183	Waiver of rights	$500	
Section 188	Lay by agreements must be in writing etc 	$300	
Section 189	Termination charges	$300	
Section 190	Termination of lay by agreements by suppliers	$300	
Section 191	Refund of amounts	$300	
Section 192	Prescribed requirements for warranties against defects	$500	
Section 193	Repairers must comply with prescribed requirements	$500	
Section 194	Supplying etc consumer goods that do not comply with safety standards	$1 200	
Section 195	Supplying etc product related services that do not comply with safety standards	$1 200	
Section 196	Requirement to nominate a safety standard	$150	
Section 197	Supplying etc consumer goods covered by a ban 	$1 200	
Section 198	Supplying etc product related services covered by a ban	$1 200	
Section 199	Compliance with recall orders	$1 200	
Section 200	Notification by persons who supply consumer goods outside Australia if there is compulsory recall	$150	
Section 201	Notification requirements for a voluntary recall of consumer goods	$150	
Section 202	Suppliers to report consumer goods etc associated with the death or serious injury or illness of any person	$150	
Section 203	Supplying etc goods that do not comply with information standards	$1 200	
Section 204	Supplying etc services that do not comply with information standards	$1 200	
Section 205	Compliance with substantiation notices	$150	
Section 206	False or misleading information etc	$150	

Schedule 1—Forms
Form 1—Recreational services—Exclusion, restriction or modification of rights under the Australian Consumer Law (SA)
Your rights:
Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services (including recreational services1), there is—
	•	a statutory guarantee that those services will be rendered with due care and skill; and
	•	a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired (as long as that purpose is made known to the supplier); and
	•	a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve (as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services).
Excluding, restricting or modifying your rights:
Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services (a third party consumer).
If you sign this form, you will be agreeing to exclude, restrict or modify the supplier's liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury2.
Important
You do not have to agree to exclude, restrict or modify your rights by signing this form.
The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form. 
Even if you sign this form, you may still have further legal rights against the supplier.
A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.
A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child's rights.
Agreement to exclude, restrict or modify your rights:
I agree that the liability of ................................................ [the supplier of recreational services] for any personal injury that may result from the supply of the recreational services that may be suffered by me (or a person for whom or on whose behalf I am acquiring the services) is—
	(a)	excluded;
	(b)	restricted as set out below:
[specify the nature of the restriction]
	(c)	modified as set out below:
[specify the nature of the modification]
*Strike out whichever of (a), (b) or (c) do not apply and specify the nature of the restriction or modification, as is relevant.
Signature:
Date:
Signature of witness:
Name and address of witness:
Definitions
	1	Recreational services are services that consist of participation in—
	•	a sporting activity or similar leisure‑time pursuit; or
	•	any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.
	2	Personal injury is bodily injury and includes mental and nervous shock and death.
Further information:
Further information about your rights can be found at www.ocba.sa.gov.au

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Legislation revoked by principal regulations
The Fair Trading Regulations 2010 revoked the following:
Fair Trading (General) Regulations 1999
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
2010	259	Gazette 9.12.2010 p5613	1.1.2011: r 2	
2011	252	Gazette 1.12.2011 p4787	10.12.2011: r 2	
2013	184	Gazette 18.7.2013 p3093	28.10.2013: r 2	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
r 2	omitted under Legislation Revision and Publication Act 2002	10.12.2011	
r 4	varied by 252/2011 r 4	10.12.2011	
Sch 2	omitted under Legislation Revision and Publication Act 2002	10.12.2011