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Consumer information regulations.
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50.— (1) Subject to subsection (5), if the Minister considers it to be in the interest of consumers to have a product, or a class or type of product, marked with or accompanied by any information (or both), the Minister may make regulations—
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(a) prescribing the product or class or type of product,
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(b) prescribing—
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(i) any stamps, marks, tags and labels for use on those products and the manner of their use, or
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(ii) any information to accompany those products when they are supplied to consumers by traders, or
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(iii) the matters referred to in both of the foregoing subparagraphs,
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(c) requiring traders who supply a prescribed product, or a product of a prescribed class or type, to—
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(i) stamp, mark, tag or label them in accordance with regulations made under paragraph (b)(i), or
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(ii) have prescribed information under paragraph (b)(ii) accompany those products in the manner and form specified in the regulations, or
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(iii) do the things referred to in both of the foregoing subparagraphs,
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and
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(d) regulating or prohibiting the supply of a prescribed product, or a product of a prescribed class or type, if any regulation under paragraph (b) or (c) is not complied with.
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(2) Subject to subsection (5), if the Minister considers it to be in the interest of consumers that advertisements for a product, or a class or type of product, contain or refer to any information relating to those products (or do both those things), the Minister may make regulations—
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(a) prescribing the product, or class or type of product, and that information, and
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(b) requiring traders who market or advertise those products to do either or both of the following, as the Minister considers necessary or appropriate:
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(i) include that information in their advertisements and to do so in the manner and form specified in the regulations;
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(ii) specify in their advertisements the means by which that information may be obtained by a consumer.
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(3) The Minister may make different regulations under this section for—
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(a) different classes or types of products or traders,
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(b) different classes or types of advertisements,
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(c) different circumstances, and
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(d) different geographical areas of the State.
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(4) A regulation made under this section may apply to the whole State or to a specified geographical area of the State.
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(5) The Minister may not make a regulation under this section unless the Minister is satisfied that in the context—
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(a) the average consumer would need the stamp, mark, tag, label or information in order to make an informed transactional decision (“material information”), and
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(b) if such material information was withheld, omitted or concealed, it would be likely to cause the average consumer to make a transactional decision that the average consumer would not otherwise make.
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(6) Subsection (5) does not apply in respect of regulations that may be made under subsection (1) relating to indications of the standard of fineness of articles of precious metal.
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