AGY-27 | Department of Business and Consumer Affairs (1988) / Business and Consumer Affairs (1988-1991)

Full description

The Department of Business and Consumer Affairs was created on 25 March 1988, (1) " to provide a single contact point for the delivery of most Government services to business and consumers." (2) On 30 March the Department of Consumer Affairs was abolished and its branches were transferred to the Department of Business and Consumer Affairs. (3) In April the Properties Branch was removed from the Department of Business and Consumer Affairs and added to the Department of Housing. (4)

On 11 May 1988, the name of the Department of Business and Consumer Affairs was changed to Business and Consumer Affairs, and branches from several agencies were amalgamated to form the new agency. The Department of Cooperative Societies, and branches from the administrative office attached to the Corporate Affairs Commission were abolished and added to Business and Consumer Affairs. Those branches of the Department of State Development and the Department of Industrial Development, proclaimed in the Government Gazette No.66 and 73, 1988, respectively were also transferred to Business and Consumer Affairs. Removed from the new agency was the Licensing Branch (Consumer Affairs), which were attached to the Department of Housing on 20 April 1988. (5)

In his first full annual report the Managing Director summarised the functions of the Department as follows:
* business development
* Company, cooperatives and incorporated associations
* fair trading
* investor protection
* license reduction
* business regulation. (6)

Until 1990 the Corporate Affairs Commission continued to carry out its duties as delegate of the National Companies and Securities Commission while being responsible for the "Compliance Division" within Business and Consumer Affairs. (7)

In June 1990, following the agreement reached at meeting of Ministers, a legislative program involving the enactment of Bills by the Commonwealth, States and the Northern Territory was set in train, the overall objectives being the replacement of the co-operative companies and securities scheme laws with virtually one system of uniform law, and to establish a single national regulatory authority (the Australian Securities Commission), with the capacity to effectively administer the laws throughout Australia. (8)

As part of this legislative scheme, the New South Wales Parliament passed the Corporations (New South Wales) Act (Act No.83, 1990). This Act, which commenced on 1 January 1991, (9) provided that references in other Acts, and in instruments of any kind, to the Corporate Affairs Commission were to be read as those to the Managing Director of Business and Consumer Affairs or to the prescribed officer or body. The records of the Corporate Affairs Commission were inherited by the NSW Department of Consumer Affairs.

In 1991 the Australian Securities Commission, (a federal body), took over responsibility for company legislation from the Corporate Affairs Commission of NSW.

On 1 July 1991, Business and Consumer Affairs was abolished and its branches were transferred to various agencies. The Business Deregulation Policy and the Commercial Services Division (except the Business Land Group and the Co-operatives Unit) were added to the Department of State Development. The Business Land Group was transferred to the Property Services Group and the Co-operatives Unit was transferred to the Department of Local Government and Co-operatives. The remaining branches were the Business Licenses Administration Centre, the Business Licenses Information Service, Business Registration (Names and Associations), Trading Standards Division and the Operational Support Division. These branches were transferred to the re-established Department of Consumer Affairs.(10)


FOOTNOTES
(1) New South Wales Government Gazette No.65, 25 March 1988, Vol.1, Part 2, p.2041.
(2) Annual Report of the Department of Business and Consumer Affairs, year ended 30 June 1989, p.6.
(3) New South Wales Government Gazette No.66, 31 March 1988, Vol.1, Part 2, p.2046.
(4) New South Wales Government Gazette No.77, 22 April 1988, Vol.2, p.2298.
(5) New South Wales Government Gazette No.85, 13 May 1988, Vol.2, p.2650.
(6) Department of Business and Consumer Affairs Annual Report, 1989 p. 6.
(7) Department of Business and Consumer Affairs Annual Report, 1989 p.10.
(8) "Concise Guide" 2nd Edition. "Corporate Affairs Commission" p.10.
(9) New South Wales Government Gazette No.180, 24 December, 1990, Vol.4, Part 2, p.11457.
(10) New South Wales Government Gazette, No.101, 28 June 1991, p.5335.

REFERENCES
(1) Business and Consumer Affairs Annual Report, 1988, 1989.
(2) NSW Government Directory, 1988-1991.