Consumer Affairs Act 1972 (Vic)

No judgment structure available for this case.

Version No. 071

Consumer Affairs Act 1972

Act No. 8276/1972

Version incorporating amendments as at 1 July 1998

TABLE OF PROVISIONS

Section Page

1. Short title 1
2. Division 1
3. Savings 3
4. Definitions 4

PART 1—ADMINISTRATION 6
Division 1—Consumer Affairs Committee 6

5. Consumer Affairs Committee 6
6. Functions of the Committee 6
7. Annual report to Minister 7

Division 2—The Director and Officers 7

8. Duties of the Director 7
9. Staff 9

PART 1A—PROCEEDINGS ON BEHALF OF CONSUMERS 10

9A. Definition 10

9B. Director may institute or defend proceedings on behalf of

consumers 10
9C.

Conduct of proceedings and payment of costs 11

PART 2—DISHONEST OR UNDESIRABLE TRADE PRACTICES 13
Division 1—Trading Stamps or Coupons 13

10. Definitions 13
11. Trading stamps abolished 13
12. Meaning of "goods" in certain sections 14

Division 2—False or Misleading Advertising 15

13. False or misleading advertisements 15

i

Section Page

Division 2A—Misleading Marking of Prices 16

13A. Cash price of goods to be indicated 16

Division 2B—Mock Auctions 18

13B. Definitions 18
13C. Prohibition of mock auctions 19
13D. Repealed 20
13E. Savings of other remedies or actions 20
13F. Regulations 21

Division 3—Door to Door Sales 21

14. Definitions and application of Division 21
15. Credit purchase agreement or offer to be in writing etc. 27
16. Purchaser may terminate agreement or offer 27
17. Effect of termination of credit purchase agreements and offers 29
18. Effect of termination of credit purchase agreement where goods
given as trade-in 32
19. Offences 34
20. Certain provisions in agreements and offers void 35

20A. Vendor or person acting for vendor to carry identification card 36

Division 4—Unordered Goods and Services 37

21–31. Repealed 37

32. Regulations 37

Division 5—Pyramid Selling Schemes 38

32A–32E. Repealed 38

Division 6—Referral Selling 38

32F. Repealed 38

PART 3—MARKING OF MERCHANDISE 39
Division 1—Merchandise Marks 39

33. Definitions 39
34. Certain goods not to be sold unless prescribed particulars as to
quality, composition etc. attached thereto 41
35. Certain goods not to be sold unless country of origin indicated
thereon 42
36. False trade descriptions 42
37. False representations as to Royal Warrant etc. 43
38. Textile products not be sold unless labelled with particulars of
composition etc. 43
39. Search warrants 45
40. Offences 46

ii

Section Page

41. Regulations 47

Division 2—Footwear Regulation 47

42. Definitions 47
43. Certain particulars to be marked on boots and shoes 48
44. Defence 50
45. Soles not to contain weighting substance 51
46. Powers of inspectors 51
47. Proof of manufacture for sale etc. 52
48. Section 43 not to apply to goods for export outside Australia 52
49. Regulations 52

Division 3—Furniture Regulation 53

50. Definition 53
51. Stamping of furniture in factories 53
52. Furniture made in Victoria to be stamped 53
53. Certain particulars to be shown by stamp 54
54. Failure to stamp furniture an offence 54
55. Imported furniture to be stamped 54
56. Penalty 54
57. Stamps to be pointed out to inspector if required 55

PART 4—SAFE DESIGN AND CONSTRUCTION OF GOODS 56
Division 1—Prohibition on Supply of Dangerous Goods 56

57A. Definitions 56
57B. Other Acts to prevail 56
57C. Power of Minister to make interim orders prohibiting supply of

dangerous goods 57

57D. Power of Minister to make final orders prohibiting supply of

dangerous goods 58

57E. Right of appeal against orders made under section 57D 60
57F. Offences 60

Division 2—Imposition of Safety Requirements by Regulation 61

58. Definitions 61
59. Regulations 61
60. As to regulations under section 59 62
61. Non-compliance with section 60 an offence 63

iii

Section Page

PART 4A—MISCELLANEOUS PROVISIONS 65

61A. Packaging of goods 65
61B. Invoice to be supplied on request 66
61C. Repairer to offer to return replaced parts to customer 67

PART 5—GENERAL 68

62. Employment of inspectors 68
63. Certificates of appointment 69
64. Powers of inspectors 69
65. Obstructing etc. an inspector to be an offence 71

65A. Penalty 72

66. Prosecutions 72
67. Evidence as to imported goods 73

67A. Offences by bodies corporate 73

68. All documents to be legible 73
69. Regulations 74
70. Repeals 75

__________________

SCHEDULES 76
SCHEDULE 1—Statement 76
SCHEDULE 2—Notice 77
SCHEDULE 3—Extent of Repeal 78

═══════════════

NOTES 79
1. General Information 79
2. Table of Amendments 80
3. Explanatory Details 83
INDEX 85

iv

s. 2

Version No. 071

Consumer Affairs Act 1972

Act No. 8276/1972

Version incorporating amendments as at 1 July 1998

Long title

amended by	An Act to continue a Consumer Affairs Council, to make further
No. 9197	Provision with respect to certain dishonest or undesirable Trade
s. 7(2)(b).	Practices, to consolidate and amend certain Enactments relating

to the Protection of the Consumer and for other purposes.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1. Short title

S. 1(1)

amended by

(1) This Act may be cited as the Consumer Affairs

No. 8630

Act 1972.

s. 3(1).

S. 1(2)

*

repealed by
No. 8382
s. 2(1).

S. 2

amended by

2. Division

Nos 8382 s. 3,

8488 s. 2(a)(b),

This Act is divided into Parts and Divisions as

8630

follows:

ss 2(a)(b),

Division 1—Consumer

4(1)(a), 9197



ss 4(2), 7(2)(a),

Affairs Committee

9909 s. 3(2)(a),

ss 5–7

9961 s. 5(a).

Part I—Administration

ss 5–9 Division 2—The
Director and Officers
ss 8–9

1
Consumer Affairs Act 1972

Act No. 8276/1972

Part IA—Proceedings on behalf of Consumers
ss 9A–9C

 Division 1—Trading
 Stamps or Coupons
 ss 10–12
 Division 2—False or
 Misleading
 Advertising s. 13

 Division 2A—
Misleading Marking
 of Prices s. 13A


Part II—Dishonest or  Division 2B—Mock
Undesirable Trade Auctions ss 13B–13F
Practices ss 10–32 
 Division 3—Door to
 Door Sales ss 14–20
 Division 4—
 Unordered Goods and
 Services ss 21–32

 Division 5—Pyramid
 Selling Schemes
 ss 32A–32E
 Division 6—Referral
 Selling s. 32F
 Division 1—
 Merchandise Marks
 ss 33–41

Part III—Marking of Division 2—Footwear
Merchandise ss 33–57  Regulation ss 42–49
 Division 3—Furniture
 Regulation and
 Labelling ss 50–57C


2
Consumer Affairs Act 1972

s. 3	Act No. 8276/1972

 Division 1—
 Prohibition on Supply
 of Dangerous Goods ss

Part IV—Safe Design  57A–57F
and Construction of  Division 2—
Goods ss 57A–61  Imposition of Safety
 Requirements by
Regulation ss 58–61
Part IVA—Miscellaneous Provisions
ss 61A–61C
Part V—General ss 62–70.

3. Savings
(1) Except as in this Act expressly or by necessary implication provided—
(a) all persons things and circumstances
appointed or created by or under the Acts or
enactments hereby repealed or existing or
continuing under such Acts or enactments
immediately before the commencement of
the relevant provision of this Act shall under
and subject to this Act continue to have the
same status operation and effect as they
respectively would have had if such Acts or
enactments had not been so repealed;
(b) in particular without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of the Consumer Affairs Council,
the Consumer Protection Bureau or any regulation appointment report direction proceeding liability or right made effected
issued incurred or acquired or existing or
continuing by or under such Acts or
enactments before the commencement of the
relevant provision of this Act.

3
Consumer Affairs Act 1972

Act No. 8276/1972 s. 4
(2) Notwithstanding the repeal of the Door to Door (Sales) Act 1963 the provisions of that Act shall continue to apply to and in relation to credit
purchase agreements made before the
commencement of this Act.

4. Definitions
In this Act unless inconsistent with the context or subject-matter—

S. 4 def. of

* * * * * "bureau"
amended by

No. 8630 s. 4(1)(b),
repealed by
No. 9197

s. 7(1)(a). S. 4 def. of

"Committee" means the Consumer Affairs "Committee"

Committee established under this Act; inserted by
No. 9909

s. 3(1)(a). S. 4 def. of

* * * * * "Council"
repealed by

No. 9909 s. 3(1)(a).
S. 4 def. of

"Director" means the Director of Consumer Affairs appointed for the purposes of the

"Director"
inserted by

Ministry of Consumer Affairs Act 1973; No. 8488 s. 3.
"hire-purchase agreement" means an agreement

that is a hire-purchase agreement within the
meaning of the Hire Purchase Act 1959;

"inspector" means a person appointed to be an inspector under this Act;

S. 4 def. of

"member" means a member of the Committee and includes an acting member;

"member"
amended by
No. 9909
s. 3(2)(b).

4
Consumer Affairs Act 1972

s. 4	Act No. 8276/1972
S. 4 def. of	"prescribe" means prescribe by this Act or by
"prescribe"
inserted by	any regulation made under this Act;
No. 9909 s. 3(1)(b).

"to sell" includes—
(a) to barter or exchange;
(b) to agree to sell or to offer or expose for
sale;

(c) to keep or have in possession for sale;
(d) to send forward or deliver for or on
sale;
(e) to authorize, direct, suffer, permit or

attempt any of such acts or things; and
"sale" has a corresponding
interpretation.

_______________

5
Consumer Affairs Act 1972

s. 5
s. 6

Act No. 8276/1972

PART I—ADMINISTRATION

Pt 1 Div. 1

Division 1—Consumer Affairs Committee

amended by Nos 8382 s. 4,

5. Consumer Affairs Committee 8488 s. 4,
9059 s. 2(1),

(1) For the purposes of this Act there shall be a
Committee to be called the Consumer Affairs
Committee.
substituted by
No. 9909 s. 2.

(2) The Committee shall be appointed by the Minister and shall consist of not less than nine persons.

(3) A member of the Committee shall hold office for such period as is specified in the instrument of his appointment and shall be eligible for re-
appointment.

(4) Notwithstanding the provisions of sub-section (3), the Minister may at any time remove an appointed member from office.

S. 5(5)

(5) Members of the Committee and persons co-opted under sub-section (5) of section 6 shall not as such

amended by
No. 46/1998

be subject to the Public Sector Management and s. 7(Sch. 1).
Employment Act 1998.
S. 5(6)

(6) The Governor in Council shall from time to time prescribe the remuneration and travelling and

amended by

No. 31/1994 s. 3(Sch. 1

other allowances to be paid to those members of item 13).
the Committee and those persons co-opted under
sub-section (5) of section 6 who are not otherwise
in receipt of remuneration and allowances for the
performance of their duties as members or persons
so co-opted.

(7) Subject to this Division and any regulations made
hereunder, the Committee may regulate its proceedings in such manner as it thinks fit.

6. Functions of the Committee

6
Consumer Affairs Act 1972
Act No. 8276/1972

(1) The Committee shall advise the Minister on any matters referred to it by the Minister.
(2) To enable it so to advise the Minister, the Committee may—
(a) consult with or receive and consider
submissions from any person or persons or
body corporate or unincorporate; and
(b) conduct any other investigation or enquiry which it considers necessary.

(3) The Committee may appoint a sub-committee to

conduct and report to the Committee on such
investigation or enquiry as the Committee directs.

(4) Subject to this Division, the proceedings of a sub-

committee appointed under sub-section (3) shall
be regulated by the Committee.

(5) The Committee may with the consent of the

Minister co-opt a person or persons to assist the of their functions.

7. Annual report to Minister
The Committee shall make an annual report to the
Minister on its activities.

Pt 1 Div. 2

(Heading)	Division 2—The Director and Officers
amended by Nos 8630 s. 4(1)(c), 9197 s. 7(1)(b).
S. 8
amended by	8. Duties of the Director
Nos 8630
s. 4(1)(d), 9197	(1) The Director shall—
s. 7(1)(c)(i).

(a) advise persons with respect to the provisions

of this Act and take and initiate action for
remedying infringements of those provisions
whether on complaint or otherwise;

7
Consumer Affairs Act 1972

Act No. 8276/1972 s. 8
(b) advise persons in respect of other matters affecting their interests as consumers;

S. 8(1)(c)

(c) receive complaints from persons as to amended by

fraudulent or other illegal or unfair trade or No. 9036
commercial practices in relation to goods or s. 2(a).
services and, where appropriate, to refer any
such complaint to that government
department or statutory body which it
considers best able to take action or furnish
advice in the matter;
S. 8(1)(d)

(d) in respect of matters affecting the interests of consumers—

substituted by
No. 8630 s. 5.
(i) investigate such matters;
(ii) conduct research; and
(iii) collect and collate information; and

S. 8(1)(e)

(e) where a dispute arises between the consumer and the supplier in respect of goods or

inserted by
No. 9036

services, attempt to settle the dispute if it s. 2(b).
deems that such action is in the best interests
of the parties.
S. 8(2)

(2) The Director or his deputy shall attend any meeting of the Committee to which he is

inserted by
No. 9197
s. 7(1)(c)(ii),

summoned by the Committee. amended by
No. 9909
s. 3(2)(b).
S. 8(3)

(3) The Director shall give every assistance to the Committee in carrying out its functions under this

inserted by
No. 9197
s. 7(1)(c)(ii),

Act and without affecting the generality of the amended by
foregoing shall make available to the Committee No. 9909
or any member thereof any information in his s. 3(2)(b).
possession which would assist the Committee in
the carrying out of those functions.

8
Consumer Affairs Act 1972

s. 9	Act No. 8276/1972
S. 9	9. Staff
amended by
No. 9059
s. 2(1),	Any employees that are necessary for the purposes
substituted by	of this Act may be employed under Part 3 of the
Nos 9197
s. 7(1)(d),	Public Sector Management and Employment
46/1998	Act 1998.
s. 7(Sch. 1).

_______________

9
Consumer Affairs Act 1972

Act No. 8276/1972 s. 9A

Pt 1A

PART IA—PROCEEDINGS ON BEHALF OF CONSUMERS (Heading and
ss 9A–9C)
inserted by
No. 8488 s. 5.
S. 9A

9A. Definition inserted by

In this Part unless inconsistent with the context or No. 8488 s. 5.
subject-matter, "consumer" does not include a
body corporate.
S. 9B

9B. Director may institute or defend proceedings on inserted by

behalf of consumers No. 8488 s. 5.
(1) Where—
S. 9B(1)(a)

(a) a consumer has made a complaint under this amended by

Act; and No. 9197
s. 7(1)(e)(i).
Cf. S.A. No. 40

(b) the Director is satisfied— of 1970, s. 6;
W.A. No. 68 of

(i) that the consumer has a cause of action
or a good defence to an action relating
to a matter to which the complaint
refers; and
1971, s. 18.
(ii) that it is in the public interest to
institute or defend proceedings on
behalf of the consumer with a view to
enforcing or protecting the rights of the
consumer in relation to an infringement
or suspected infringement by another
person of those rights or of this Act or
any other law relating to the interests of
consumers—

the Director may, subject to this section, on behalf
of and in the name of the consumer, institute
proceedings against that other person or defend
proceedings brought against the consumer.

10
Consumer Affairs Act 1972

s. 9C

Act No. 8276/1972

(2) The Director shall not under sub-section (1)

institute or defend proceedings on behalf of a
consumer unless—

S. 9B(2)(a)

amended by	(a) the amount claimed or involved in the
Nos 8824
s. 2, 9197	proceedings does not exceed $10 000;
s. 7(1)(e)(ii).

(b) the Minister has given his consent in writing

subject to such conditions (if any) as he
determines; and

(c) the consumer has given his consent in
writing and has not revoked that consent.
(3) A consumer may not except with the consent of

the Director revoke a consent given for the
purposes of sub-section (2).

S. 9C

inserted by	9C. Conduct of proceedings and payment of costs
No. 8488 s. 5.	(1) Where, under section 9B, the Director institutes or defends proceedings on behalf of a consumer—

(a) the Director may settle the proceedings

either with or without obtaining judgment in
the proceedings;

(b) if a judgment is obtained in the proceedings in favour of the consumer, the Director may take such steps as are necessary to enforce
the judgment;
(c) an amount (other than an amount in respect

of costs) recovered in the proceedings is
payable to the consumer;

(d) an amount in respect of costs recovered in
the proceedings is payable to the Director;
(e) the consumer is liable to pay an amount (not

being an amount of costs) awarded against
him in the proceedings; and

11
Consumer Affairs Act 1972

Act No. 8276/1972 s. 9C

(f)

the Director is liable to pay the costs of or incidental to the proceedings that are payable by the consumer.

(2) Where, in proceedings instituted or defended
under section 9B on behalf of a consumer—
(a) a party to the proceedings files a counterclaim; or
(b) the consumer is entitled to file a
counterclaim—
and the counterclaim is not or would not be
related to the proceedings and to the interests of
the consumer as a consumer the Director may
apply to the court hearing the proceedings for an

order that the counterclaim be heard otherwise
than in the course of those proceedings.

(3) The court may, where it makes an order under

sub-section (2), make such ancillary or
consequential provisions as it thinks just.

_______________

12
Consumer Affairs Act 1972

s. 10

Act No. 8276/1972

PART II—DISHONEST OR UNDESIRABLE TRADE

PRACTICES

Division 1—Trading Stamps or Coupons

No. 6265 Pt IV.

10. Definitions

In this Division, if not inconsistent with the
context or subject-matter—
"sale" includes the exchange or other disposition
of any property;
"trader" means any person firm or company

carrying on any business who issues trading
stamps to customers;

"trading stamp" includes any stamp coupon

cover or package document means or device
supplied by any trading stamp company or
issued by any trader which entitles the holder
thereof to demand and receive from any
trading stamp company or from any person
firm or company any money or goods;

"trading stamp company" means and includes any person firm or company who supplies any trading stamps to any trader and
undertakes to redeem the same or that the
same will be redeemed by giving or
delivering to the holder thereof any money
or goods.

No. 6265 s. 85.

11. Trading stamps abolished

(1) No person shall on the sale of any goods issue any trading stamps to any person.
(2) No person shall give or deliver any money or goods on presentation of any trading stamp.

13
Consumer Affairs Act 1972

Act No. 8276/1972 s. 12
(3) Every person who contravenes any of the

preceding provisions of this section shall be liable
to a penalty of not more than $200.

(4) For the purposes of this section the person on whose behalf any sale is made by a servant or agent shall be deemed to be the person who
effected the sale; and such servant or agent shall
be liable to the same penalty as the person on
whose behalf the sale was made.

(5) Any person—
(a) who incites counsels or procures any other person to issue any trading stamp;
(b) who promotes any scheme for the issue of trading stamps by other persons;
(c) who carries on the business of providing any

service of or incidental to or in connexion
with the issue of trading stamps by any other
person; or

(d) who carries on the business of a trading stamp company—
shall be guilty of an offence against this Division.
Penalty: $1000.

12. Meaning of "goods" in certain sections No. 6265 s. 86.
In section 10 and in sub-section (2) of section 11 the word "goods" wherever occurring shall be deemed and taken to include trading stamps or any tickets checks tokens documents or orders directly or indirectly authorizing or entitling any person to travel by any public or private railway tramway boat or conveyance or to obtain meals or refreshment or to play or take part in any indoor or outdoor game or sport or to be admitted into any theatre concert hall race-course cricket or football ground circus or place of public

14
Consumer Affairs Act 1972

s. 13

Act No. 8276/1972

amusement or to obtain or receive any valuable
consideration or benefit or advantage of any kind
whatsoever.

Division 2—False or Misleading Advertising

13. False or misleading advertisements

No. 7405 s. 36.	*	*	*	*	*
S. 13(1)(2)
repealed by
No. 10201
s. 46.
S. 13(2A)	*	*	*	*	*
inserted by No. 8630 s. 6(a), repealed by No. 10201 s. 46.
S. 13(2B)

inserted by	(2B) A person who publishes or causes to be published
No. 8630	a statement that—
s. 6(a).

(a) is intended or likely to promote the sale or

disposal of goods or the provision of
services; and

(b) includes a reference to a private box
number—
shall also include in the statement the name and the address of the place of business or residence of the person by whom the private box number is
rented or was obtained.

S. 13(2C)

inserted by	(2C) A person who contravenes or fails to comply with
No. 8630	sub-section (2B) is guilty of an offence.
s. 6(a).
Penalty: $500.

(3) A statement shall be deemed to be published within the meaning of this section if it is—

S. 13(3)(a)

amended by	(a) inserted in a newspaper or other publication
No. 9036	printed or published in Victoria;
s. 3(1).

15
Consumer Affairs Act 1972

Act No. 8276/1972 s. 13A
(b) disseminated in Victoria by broadcasting television or cinematograph;
(c) publicly exhibited—
(i) in on over or under any building
vehicle or place (whether or not a
public place and whether on land or
water); or

(ii) in the air—
in view of persons being or passing in a
public place; or

(d)

contained in any document gratuitously sent or delivered to any person or thrown or left upon premises in the occupation of any person.

S. 13(4)–(9)

* * * * * repealed.1
S. 13(10)

(10) In this Division— substituted by
No. 8630

"newspaper" includes any periodical publication; s. 6(b).

"private box number" means a private box or
private bag under the Post and Telegraph Act
1901–1974 of the Commonwealth of
Australia.
S. 13(11)(12)

* * * * * repealed by
No. 10201
s. 46.
Pt 2 Div. 2A
(Heading and

Division 2A—Misleading Marking of Prices s. 13A)
inserted by
No. 8382 s. 6.
S. 13A

13A. Cash price of goods to be indicated inserted by
No. 8382 s. 6,

(1) A person offering to supply goods or services of any description shall not advertise display state or

amended by
Nos 8630 s. 7,
8824 s. 3.

16
Consumer Affairs Act 1972

s. 13A

Act No. 8276/1972

otherwise indicate—
(a) the deposit required;
(b) any periodic rates of payment—
unless the cash price of the goods or services is
also indicated.

S. 13A(1A)

inserted by	(1A) A person shall not advertise that goods or services (a) the deposit required; (b) any periodic rates of payment—
No. 9036	of any description are or will be offered for supply
s. 4(a).	at any place or places and indicate—
unless the cash price of the goods or services is also indicated.
S. 13A(2)
amended by	(2) Subject to sub-section (3) a person offering to
Nos 9036	supply goods or services of any description or
s. 4(b), 9197
s. 2(a).	advertising that goods or services of any description are or will be offered for supply at any place or places shall not give any indication (whether by way of advertisement display statement or otherwise) likely to be taken as an indication that the goods or services are being offered at a price less than the price at which they or similar goods or services have previously been offered unless he also indicates in an equally distinct manner the present price of the goods or services. Penalty: $400.
S. 13A(3)
inserted by	(3) Where on the recommendation of the Minister the
No. 9197
s. 2(b).	Governor in Council is satisfied that in relation to a particular class of goods or services it will be unduly onerous for a person offering to supply that class of goods or services to comply with the provisions of sub-section (2), the Governor in Council may by regulations prescribe the manner in which the offer to supply goods or services of

17
Consumer Affairs Act 1972

Act No. 8276/1972 s. 13B
that class may be made, and where goods or
services of that class are offered in the manner so
prescribed there shall be sufficient compliance
with sub-section (2).

Pt 2 Div. 2B

Division 2B—Mock Auctions

(Heading and ss 13B–13F)
inserted by
No. 8382 s. 6.
S. 13B

13B. Definitions inserted by

(1) In this Division, unless the contrary intention
appears—
"competitive bidding" in relation to the sale of
No. 8382 s. 6.
goods includes any mode of sale whereby
prospective purchasers are enabled to
compete for the purchase of goods whether
by way of increasing bids or by the offer of
goods to be bid for at successively
decreasing prices or otherwise;
"lot to which this Division applies" means a lot

consisting of or including one or more
prescribed articles;

"prescribed articles" means any plate, plated

articles, linen, china, glass, books, pictures,
prints, furniture, jewellery, articles of
household or personal use or ornament or
any musical or scientific instrument or
apparatus and includes any articles for the
time being prescribed as being articles to
which this Division applies;

"sale of goods by way of competitive bidding"

means any sale of goods at which the
persons present, or some of them, are invited
to buy articles by way of competitive
bidding;

18
Consumer Affairs Act 1972

s. 13C

Act No. 8276/1972

"stated" in relation to a sale of goods by way of competitive bidding means stated by or on behalf of the person conducting the sale by an announcement made to the persons for the
time being present at the sale.
(2) For the purposes of this Division—
(a) any bid stated to have been made at a sale of

goods by way of competitive bidding shall
be conclusively presumed to have been made
and to have been a bid of the amount stated;

(b) any reference in this Division to the sale of a

lot to a person who has made a bid for it
includes a reference to a purported sale
thereof to a person stated to have made a bid
for it, whether that person exists or not; and

(c) anything done in or about the place where a sale of goods by way of competitive bidding is held, if done in connexion with the sale,
shall be taken to be done during the course
of the sale whether it is done at the time
when any goods are being sold or offered for
sale by way of competitive bidding or before
or after any such time.

S. 13C

inserted by	13C. Prohibition of mock auctions
No. 8382 s. 6.

(1) A person shall not promote or conduct or assist in
the promotion or conduct of a mock auction at which one or more lots to which this Division applies are offered for sale.
Penalty: $1000.

(2) For the purposes of this section and subject to

sub-section (3) a sale of goods by way of
competitive bidding shall be a mock auction if,
but only if, during the course of the sale—

(a) any lot to which this Division applies is sold to a person and either—

19
Consumer Affairs Act 1972

Act No. 8276/1972 s. 13E
(i) it is sold to him at a price lower than the amount of his highest bid for that lot; or
(ii) part of the price at which it is sold to him is repaid or credited to him or is stated to be so repaid or credited;
(b) the right to bid for any lot to which this
Division applies is restricted, or is stated to be restricted, to persons who have bought or agreed to buy one or more articles; or
(c) any articles are given away or offered as
gifts.

(3) A sale of goods shall not be a mock auction by virtue of paragraph (a) of sub-section (2) if it is proved that the reduction in price of the
repayment or credit, as the case may be—
(a) was on account of a defect discovered after the highest bid in question had been made, being a defect of which the person
conducting the sale was unaware when the
bid was made; or
(b) was on account of damage sustained after that bid was made.

S. 13D

* * * * * inserted by
No. 8382 s. 6,
repealed by
No. 9036
s. 8(2).
S. 13E

13E. Savings of other remedies or actions inserted by

Nothing in this Division shall derogate from any No. 8382 s. 6.
right of action or other remedy, whether civil or
criminal, in proceedings instituted otherwise than
under this Act.

20
Consumer Affairs Act 1972

s. 13F	Act No. 8276/1972
S. 13F	13F. Regulations
inserted by
No. 8382 s. 6.	(1) The Governor in Council may make regulations for or with respect to—

(a) prescribing any articles or articles of a class to be articles to which this Division applies; and
(b) generally any matter which is authorized or required or which is necessary for carrying out the provisions of this Division.
Division 3—Door to Door Sales

No. 7091.

14. Definitions and application of Division

(1) In this Division unless inconsistent with the context or subject-matter—

No. 7964 s. 2.	"appropriate trade premises" means—
S. 14(1) def. of "appropriate trade	(a) in relation to a purchase agreement or
premises"	an offer to enter into a purchase
amended by
No. 9197	agreement for or with respect to the
s. 3(1)(a)(i).	sale or bailment of goods, premises at which the vendor normally carries on business or at which the goods are
normally offered or exposed for sale in the course of a business carried on at those premises;

(b) in relation to a purchase agreement or

an offer to enter into a purchase
agreement for or with respect to the
provision of services, premises at which
the vendor normally carries on business
or at which the services are normally
offered performed provided or made
available in the course of a business
carried on at those premises—

21
Consumer Affairs Act 1972

Act No. 8276/1972 s. 14
but does not include any such premises if
they are the purchaser's place of residence or
business;

S. 14(1) def.

"cash purchase agreement" means an agreement for or with respect to the sale or bailment of

of "cash
purchase
agreement"

goods or the provision of services where the inserted by
purchase price or other consideration No. 9197
s. 3(1)(a)(ii),
payable after the deduction of any trade-in amended by
allowance or discount is paid by the No. 10191
purchaser in cash or by cheque at or before s. 276.
the time at which the agreement is made or
on delivery of the goods or on the
completion of the provision of the services
or is payable not later than the end of the
month next following the month in which the
agreement is made or the goods are delivered
or the services are provided, but does not
include—
(a) any hiring agreement;
(b) any agreement which relates to the
disposition of an estate or interest in
land; or

(c)

any agreement which relates solely to the performance of work under a contract of employment, or by virtue of which the contractor would be deemed to be a "worker" within the meaning of the Accident Compensation Act 1985.

No. 7091

"credit purchase agreement" means an s. 2(1).

agreement for or with respect to the sale or S. 14(1) def. of
bailment of goods or the provision of "credit
purchase

services, but does not include—

agreement" amended by

(a) any hiring agreement; No. 10191
s. 276.
(b) any agreement which relates to the

22
Consumer Affairs Act 1972

s. 14

Act No. 8276/1972

disposition of an estate or interest in
land;
(c) any agreement which relates solely to

the performance of work under a
contract of employment, or by virtue of
which the contractor would be deemed
to be a "worker" within the meaning of
the Accident Compensation Act 1985;
or

(d) an agreement under which the whole of
the purchase price rent or other consideration payable after the deduction of any trade-in allowance or
discount is paid by the purchaser in
cash or by cheque at or before the time
at which the agreement is made or on
delivery of the goods or is payable not
later than the end of the month next
following the month in which the
agreement is made or the goods are
delivered;

No. 6531

s. 2(1).	"dealer" in relation to a hire-purchase agreement or an offer to enter into a hire-purchase agreement has the meaning assigned to it by the Hire-Purchase Act 1959;
"goods" includes all chattels personal other than money or livestock and includes any fixtures severable from the realty;
No. 7091
s. 2(1).	"hiring agreement" means any agreement for the bailment of goods but does not include—

(a) a hire-purchase agreement; or
(b) a rental agreement within the meaning
of subdivision (14) of Division 3 of
Part II of the Stamps Act 1958;

23
Consumer Affairs Act 1972

Act No. 8276/1972 s. 14
"owner" in relation to a hire purchase agreement

or an offer to enter into a hire purchase
agreement has the meaning assigned to it by
the Hire-Purchase Act 1959;

S. 14(1) def. of

"purchase agreement" includes—

"purchase agreement"

(a) a credit purchase agreement; and inserted by
No. 9197

(b) a cash purchase agreement where the
whole of the purchase price or other
consideration payable by the purchaser
for all the goods and services purchased
bailed or provided by virtue of that
agreement and any other such
agreement between the vendor and the
purchaser on that day and the seven
days preceding that day exceeds $50;
s. 3(1)(a)(iii).

"purchaser" means a person to whom goods are bailed or sold or services are provided or to

No. 7744 s. 2. S. 14(1) def. of
"purchaser"

whom goods are agreed to be bailed or sold amended by
No. 9197
or services are agreed to be provided under a s. 3(1)(a)(i).

purchase agreement and in relation to an offer to enter into a purchase agreement means the person to whom, if the offer was
accepted, goods or services would be sold
bailed or provided;
S. 14(1) def. of

"vendor" means— "vendor"
amended by

(a) in relation to a credit purchase No. 9197

agreement (other than a hire purchase s. 3(1)(a)(iv).
agreement or an offer to enter into a
credit purchase agreement), the person
by whom or on whose behalf—
(i) goods are bailed or sold or services are provided; or
(ii) goods are agreed to be bailed or sold or services are agreed to be provided;
24

Consumer Affairs Act 1972

s. 14

Act No. 8276/1972

(b)

in relation to an offer by a purchaser to enter into a hire purchase agreement and to any agreement resulting therefrom—

(i) the dealer;

(ii) where there is no dealer, the owner;

(c) in relation to an offer to enter into any

other credit purchase agreement, the
person by whom or on whose behalf the
goods or services would be sold bailed
or provided; and

(d) in relation to an offer to enter into a
cash purchase agreement, the person by whom or on whose behalf the goods or services would be sold bailed or
provided.

S. 14(2)

amended by	(2) This Division does not apply—
No. 9197
s. 3(2)(a) (as	(a) to a purchase agreement under which—
amended by
No. 9427	(i) the purchaser is a body corporate;
s. 6(1)).
(ii) the purchaser is a person whose trade or business is the trade or business of buying selling or hiring goods of the same nature or description as goods to which the agreement relates;

(b) to an offer to enter into a purchase agreement made by or on behalf of—
(i) an intending purchaser being a body

corporate;

(ii) an intending purchaser being a person whose trade or business is the trade or business of buying selling or hiring
goods of the same nature or description

25
Consumer Affairs Act 1972

Act No. 8276/1972 s. 14
as the goods to which the offer relates;
or
(c) to a purchase agreement with or an offer to enter into a purchase agreement made by or on behalf of an intending purchaser to a
person carrying on the business of financing pastoral pursuits or the business of a stock or station agent if such agreement or proposed

agreement is or will be made in the course of
carrying on that business.

S. 14(3)

(3) Subject to sub-section (2), this Division applies to all purchase agreements and all offers to enter into

amended by
Nos 9197
s. 3(2)(a), 9427

purchase agreements unless— s. 6(1).
S. 14(3)(a)

(a) the original approach leading to the substituted by

agreement or offer was made at appropriate

No. 8824 s. 4, amended by
trade premises; and No. 9036
s. 5(a).
S. 14(3)(b)

(b) any negotiations leading to the agreement or offer which took place away from

amended by
No. 9036

appropriate trade premises took place— s. 5(b).
(i) as a result of a request by the

purchaser; or

(ii) in the course of a demonstration or
inspection of any vehicle or boat or any
commercial or farm machinery or
equipment to which the agreement or
offer relates or of any goods which
under section 18 would be a trade-in
pursuant to the agreement or offer.

(4) For the purposes of sub-section (3) an approach to the spouse or a relative of the purchaser or to any other person shall be deemed to be an approach to the purchaser if the approach was made with a
view to or might reasonably have been expected

26
Consumer Affairs Act 1972

s. 15

Act No. 8276/1972

to have led to the making of an offer by or an
agreement with the purchaser.

No. 7091 s. 3.	15.	Credit purchase agreement or offer to be in writing etc.
S. 15(1)
amended by	(1) An agreement or offer to which this Division

No. 8382	applies shall be in writing and shall be signed by
s. 7(a).	the purchaser or a person acting on his behalf and the vendor shall give to the purchaser at the time the agreement or offer is made—
S. 15(1)(a)
amended by	(a) a copy of the agreement or offer; and
No. 8382 s. 7(b).
S. 15(1)(b)
amended by	(b) a statement in the form of or to the effect of
No. 8382	the statement set out in Schedule One duly
s. 7(c).	completed by the vendor.

(2) Where the vendor complies with the provisions of

sub-section (1) in relation to an offer the
provisions of this section shall not apply to an
agreement made as the result of the acceptance of
that offer.

S. 15(3)

amended by	(3) Where there is a failure by a vendor to comply
No. 8382
s. 7(d).	with this section the vendor shall be guilty of an offence and liable to a penalty of not more than $200.
S. 15(4)
inserted by	(4) Where there is a failure by a vendor to comply
No. 8382	with this section the agreement shall not be
s. 7(e).	enforceable by the vendor and any person asserting a right of payment in respect thereof shall be guilty of an offence and liable to a penalty of not more than $500.
No. 7091 s. 4.	16. Purchaser may terminate agreement or offer

(1) Subject to sub-section (3) an agreement or offer in

respect of which a statement is required to be
given under section 15 may be terminated by the
purchaser by notice given as hereafter provided in

27
Consumer Affairs Act 1972

Act No. 8276/1972 s. 16
the form of or to the effect of the notice set out in
the appendix to Schedule One.

(2) A notice under sub-section (1) may be given— (a) if a statement has been given to the
purchaser in accordance with paragraph (b) of sub-section (1) of section 15 by leaving it at or posting it to the address shown in the
appendix to that statement within ten days
after the day upon which the purchaser made
the agreement or offer; or
(b) if a statement had not been given in
accordance with paragraph (b) of sub-section (1) of section 15 by leaving it at or posting it to any address at which the purchaser has
reasonable grounds for believing the vendor
carries on business at any time within six
months after the day upon which the
purchaser made the agreement or offer.

(3) The vendor and in the case of a hire purchase
agreement or an offer to enter into a hire purchase agreement the owner may at any time after the day on which the agreement or offer was made post to the purchaser a notice in or to the effect of the
form set out in Schedule Two together with, if he thinks fit, an explanatory letter in or to the effect of one of the forms prescribed for that purpose
and if the purchaser posts the notice set out in the
appendix to that Schedule confirming the
agreement or offer to the person to whom it is
addressed at the address shown in the notice, the
purchaser shall not thereafter be entitled under
sub-section (1) to terminate the agreement or
offer.

(4) If any person—

28
Consumer Affairs Act 1972

s. 17

Act No. 8276/1972

(a) obtains confirmation from the purchaser

other than in accordance with sub-section
(3); or

(b) has contacted the purchaser to suggest that

the purchaser return the portion of the notice
confirming the agreement or offer—

the provisions of sub-section (3) shall not apply. (5) Any person who obtains or attempts to obtain
confirmation of an agreement or offer otherwise than in accordance with sub-section (3) shall be guilty of an offence.
Penalty: $200.

(6) The calculation of a period of time for the

purposes of this section—
(a) in the case of an agreement made as the

result of the acceptance by the vendor of an
offer made by the purchaser shall be
calculated from the day upon which the offer
was made by the purchaser; and

(b) in the case of an agreement made as the

result of the acceptance by the purchaser of
an offer made by the vendor shall be
calculated from the day upon which the offer
was accepted by the purchaser.

No. 7091 s. 5.	17.	Effect of termination of credit purchase agreements and offers
(1) Where a notice of termination of an agreement or offer is given pursuant to section 16—

(a) the agreement shall be deemed to have been rescinded by mutual consent;
(b) the offer shall be deemed to have been
revoked notwithstanding any provision to the
contrary in the terms of the offer and any
agreement resulting from that offer shall be

29
Consumer Affairs Act 1972

Act No. 8276/1972 s. 17
deemed to have been rescinded by mutual
consent;
(c) the agreement or offer and any contract of

guarantee relating to it shall be deemed
never to have had effect; and

(d) any security given by the purchaser in
respect of money payable thereunder or
given by a guarantor in respect of money
payable under a contract of guarantee shall
be deemed never to have been enforceable.
(2) On the service of a notice of termination the
vendor shall forthwith repay to the purchaser all sums which have been paid by the purchaser in respect of the goods or services to which the
agreement or offer relates.

(3) The vendor shall be entitled to make a reasonable

charge for any services rendered prior to the
termination of the agreement or offer or for any
goods which the purchaser is unable to return.

(4) A sum to which sub-section (2) refers is
recoverable by the purchaser from the vendor and if the purchaser is in possession of goods to which the agreement or offer relates he shall have a lien
on them for any sum which he is entitled to
recover under that sub-section.

(5) An obligation to pay a sum of money which if it

had been paid before the giving of a notice of
termination would have been recoverable by the
purchaser under sub-section (4) shall be
extinguished on the giving of the notice.

(6) A sum recoverable under sub-section (4) is a civil

debt recoverable summarily in a court of
competent jurisdiction.

(7) Subject to this section where a notice of
termination is given pursuant to section 16 the

30
Consumer Affairs Act 1972

s. 17

Act No. 8276/1972

purchaser shall deliver up on the premises of the
purchaser goods delivered to him pursuant to or in
anticipation of the agreement forthwith on
demand being made in writing by or on behalf of
the vendor before or at the time when the goods
are collected from those premises.
(8) If the purchaser—
(a) delivers the goods to an authorized person or to a person designated for the purpose by an authorized person; or
(b) sends the goods at his own expense to an authorized person—
he shall be deemed to have done so with the consent of the authorized person and (if the authorized person is not for the time being entitled
to possession of the goods) with the consent of the
person so entitled and shall be discharged from
any obligation (whether arising by contract or
otherwise) to retain the goods or to deliver them
to a person so entitled.

(9) The purchaser shall take reasonable care of the goods until—
(a) the expiration of twenty-one days after the date on which the notice of termination is given; or
(b) delivering or sending the goods in
accordance with sub-section (8)—
whichever first happens.

(10) Where the purchaser sends the goods at his own

expense to an authorized person he is under an
obligation to take reasonable care to see that they
are received by that person and are not damaged
in transit to him.

31
Consumer Affairs Act 1972

Act No. 8276/1972 s. 17
(11) Where at any time during the period of twenty-

one days referred to in sub-section (9) the
purchaser unreasonably refuses or fails to comply
with a demand made as mentioned in sub-section
(7) his obligation to take reasonable care of the
goods shall continue until he sends the goods as
mentioned in sub-section (8).

(12) The person for the time being entitled to
possession of the goods may by action in a court
of competent jurisdiction recover compensation in
respect of damage suffered as a result of a breach
of an obligation under sub-sections (9) (10) or
(11).

S. 17(13)

(13) Subject to this section the purchaser is not under an obligation (whether arising by contract or

amended by
No. 9197
s. 3(b)(ii) (as

otherwise) to take care of goods delivered to him amended by
pursuant to a purchase agreement or offer. No. 9427
s. 6(1)).
S. 17(14)

(14) In this section— amended by
No. 9197

(a) "authorized person" in relation to goods to
which an agreement or offer relates means a
person who is or is acting on behalf of—
s. 3(2)(b).
(i) a person who conducted negotiations in

pursuance of which the purchaser
entered into the purchase agreement or
offer;

(ii) a person who is entitled for the time
being to possession of the goods; or
(iii) the vendor; and
(b) a reference to the premises of the purchaser

is a reference to the premises which in the
purchase agreement or offer are specified as
the address of the purchaser.

18. Effect of termination of credit purchase agreement No. 7964 s. 6.

32
Consumer Affairs Act 1972

s. 18

Act No. 8276/1972

where goods given as trade-in

(1) This section has effect where a notice of

termination under section 16 is given in respect of
an agreement or offer pursuant to which goods
have been delivered by the purchaser to the
vendor as a trade-in.
(2) The vendor shall before the end of the period of

ten days after the date on which the notice of
termination is given deliver to the purchaser the
goods in a condition substantially as good as when
they were delivered to the vendor or other person.

(3) Where the goods are delivered to the purchaser in accordance with sub-section (2) title in the goods shall revest in the purchaser.
(4) If the vendor does not comply with sub-section (2)

the purchaser is entitled to recover from the
vendor a sum equal to the trade-in allowance.

(5) During the period of ten days referred to in sub-
section (2) the purchaser, if he is in possession of the goods to which the credit purchase agreement refers, is entitled to retain possession of them
until—
(a) those goods agreed to be taken as a trade-in are delivered to him in such condition as is mentioned in sub-section (2); or
(b) a sum equal to the trade-in allowance is paid
to him—
and if immediately before the end of that period
he continues to be entitled to retain possession of
the goods he shall have a lien on them for any sum
which he is entitled to recover under sub-section
(4).

(6) A sum recoverable under sub-section (4) is a civil

debt recoverable summarily in a court of
competent jurisdiction.

33
Consumer Affairs Act 1972

Act No. 8276/1972 s. 19
(7) For the purposes of this section—

S. 18(7)(a)

(a) a vendor or other person shall be deemed to have agreed to take goods as a trade-in

amended by
No. 9197
s. 3(2)(c) (as

pursuant to the agreement or offer which has amended by
been terminated if in pursuance of No. 9427
antecedent negotiations he has purchased or s. 6(1)).
agreed to purchase the goods or has accepted
or agreed to accept them as part of the
consideration for the transaction to which the
purchase agreement relates; and
(b) the trade-in allowance shall be taken to be

the sum which in the antecedent negotiations
was agreed to be allowed in respect of the
goods or if no such sum was agreed the
trade-in allowance shall be deemed to be
such sum as is reasonable to allow in respect
of the goods.

19. Offences No. 7964 s. 6.
(1) A vendor who fails to pay moneys paid by the
purchaser in accordance with section 17 or to re- deliver goods in accordance with section 18 after a notice of termination has been given pursuant to section 16 shall be guilty of an offence against
this Division and (without prejudice to the right of
the purchaser to recover moneys goods or other
property by action in a court of competent
jurisdiction) liable to a penalty of not more than
$200.

S. 19(2)

(2) A purchaser who fails to deliver up any goods delivered to him pursuant to a purchase agreement

amended by
No. 9197
s. 3(2)(d) (as

or offer in accordance with section 18 shall be amended by
guilty of an offence against this Division and No. 9427
(without prejudice to the right of the vendor to s. 6(1)).
recover such goods by action in a court of
competent jurisdiction) liable to a penalty of not
more than $200.

34
Consumer Affairs Act 1972

s. 20	Act No. 8276/1972
No. 7964 s. 8.	20. Certain provisions in agreements and offers void (1) A provision term condition or covenant in an agreement or an offer to which this Division

applies is void if—
(a) it excludes limits modifies or restricts or

purports to exclude limit modify or restrict
the right to terminate the agreement or offer
conferred by this Act on the purchaser; or

(b) it provides or declares that a person acting or

purporting to act on behalf of the vendor in
connexion with or in the course of any
negotiation transaction or dealing leading to
the making of an agreement or offer at the
request of the purchaser approached the
purchaser or conducted negotiations with the
purchaser at a place other than appropriate
trade premises at the request of the
purchaser.

(2) A provision term condition or covenant in an agreement or an offer to which this Division applies is void in so far as it excludes this
Division by—
(a) providing or declaring that the agreement— (i) was or is to be treated as having been
made at a place at which it was not
made; or

(ii) was not or is to be treated as not having

been made at a place at which it was
made;

(b) providing that a person acting or purporting to act on behalf of the vendor in connexion with or in the course of any negotiation transaction or dealing leading to the making of the
agreement is or is not, or is or is not to be
treated as or is declared to be or not to be, the

35
Consumer Affairs Act 1972

s. 20
s. 20A

Act No. 8276/1972

agent or servant of the vendor or a person
acting under the authority of the vendor;
(c) providing or declaring that a person acting or

purporting to act on behalf of the vendor in
connexion with or in the course of any
negotiation transaction or dealing leading to
the making of an agreement is or is not to be
treated as being the agent of the purchaser or
as authorized by the purchaser to make to the
vendor an offer on behalf of the purchaser;

(d) relieving the vendor from liability for an act or default of the vendor or any other person acting in connexion with or in the course of any negotiation transaction or dealing
leading to the making of the agreement; (e) providing or declaring that the agreement—
(i) is or is not; or
(ii) is or is not to be treated as being—
subject to, or enforceable in accordance with,
the law of a particular State or Territory of
the Commonwealth or of a place outside the
Commonwealth; or

(f) in any other way, excluding limiting modifying or restricting the effect or operation of any of the provisions of this
Division.
(3) Where an agreement or offer contains a provision term condition or covenant that is void under sub- section (1) the vendor under the agreement offer is guilty of an offence against this Division and
liable to a penalty of not more than $400.

S. 20A

20A. Vendor or person acting for vendor to carry inserted by

identification card No. 8382 s. 5.
(1) A vendor or person acting on behalf of a vendor

36
Consumer Affairs Act 1972

s. 32

Act No. 8276/1972

making any approach or carrying on any
negotiations which may lead to an agreement or
offer to which this Division applies shall carry an
identification card showing his name in full, his
business address and the name of the firm or
company (if any) which he is representing and
shall produce it on his first approach to a potential
purchaser and at any time thereafter when so
requested by a potential purchaser or purchaser.
(2) A person who fails to comply with sub-section (1)

shall be guilty of an offence against this Act.
Penalty: $50.

Division 4—Unordered Goods and Services

Ss 21–31	*	*	*	*	*
repealed.2

32. Regulations
(1) The Governor in Council may make regulations

for or with respect to any matters or things
required or permitted to be prescribed under this
Division.

(2) Without limiting the generality of sub-section (1) the regulations may—
(a) prescribe a directory or other similar
publication as a directory or publication to and in relation to which this Division does not apply;
(b) prescribe a publisher as a publisher to whom

and in relation to whom this Division does
not apply;

(c) prescribe a service as being a service to which this Division applies; and

37
Consumer Affairs Act 1972

Act No. 8276/1972

(d) provide for and prescribe penalties not
exceeding in each case $200 for the breach
of a provision of the regulations.

Pt 2 Div. 5

Division 5—Pyramid Selling Schemes

(Heading) inserted by

No. 8488 s. 6. Ss 32A–32E

* * * * * repealed.3
Pt 2 Div. 6

Division 6—Referral Selling (Heading and
s. 32F)
inserted by
No. 8630 s. 9.
S. 32F

* * * * * inserted by
No. 8630 s. 9,
repealed by
No. 10201
s. 46.

_______________

38
Consumer Affairs Act 1972

s. 33

Act No. 8276/1972

PART III—MARKING OF MERCHANDISE

Division 1—Merchandise Marks

No. 6265 Pt V.

33. Definitions

In this Division unless inconsistent with the
context or subject-matter—
"covering" includes stopper glass cask bottle
vessel box cover container capsule case

frame or wrapper;
"false trade description" means a trade
description which by reason of anything contained therein or omitted therefrom is false or likely to mislead in a material
respect as regards the goods to which it is
applied or in connexion with which it is
used, and includes every alteration of a trade
description whether by way of addition
effacement or otherwise which makes the
description false or likely to mislead in a
material respect;
"goods" means anything which is the subject of trade manufacture or merchandise;
"label" includes band or ticket;
"leather goods" means trunks kit bags suit cases
and similar travel goods, attache cases school bags hat cases ladies' handbags shopping bags purses wallets and pouches,
document cases folio cases and similar
articles, musical instrument cases wireless
cases and gramophone cases, razor strops,
footballs punching balls boxing gloves
cricket gear golf bags and similar sporting
goods, leggings, men's belts, leather gloves,
bicycle saddles, harness saddles horse collars

39
Consumer Affairs Act 1972

Act No. 8276/1972 s. 33
and bridles, and machine belting, where the
greater part of the area of the outside or
exposed surface thereof is composed of—

(a)

leather or a material resembling leather in texture or appearance; or

(b) fibre or vulcanite or a material
resembling fibre or vulcanite in texture
or appearance; or
(c) plastic having the appearance of or
made to resemble leather;

S. 33 def. of

"trade description" means any description "trade

statement indication or suggestion direct or

description" amended by
indirect as to— Nos 8488 s. 7,
127/1986

(a) the nature quality purity characteristics number quantity class grade measure

s. 102(Sch. 4
item 3).
size gauge or weight of any goods;

(b) the price from which any goods have been reduced;
(c) the country or place in or at which any

goods or any portions or constituents
thereof were made or produced;

(d) the suitability for any purpose of any
goods;

(da) the suitability in relation to particular
goods of particular methods of washing cleaning ironing or otherwise caring for the goods;

(db) in the case of goods that are articles of
wearing apparel, the size of the goods;
(e) the manufacturer or producer of any

goods or the person by whom they were
selected packed graded or in any way
prepared for the market;

40
Consumer Affairs Act 1972

s. 34

Act No. 8276/1972

(f) the mode of manufacturing producing selecting packing grading or otherwise preparing any goods;
(g) the material or ingredients of which any

goods are composed or from which
they are derived; or

(h) the mileage that has been travelled by a vehicle which is a motor vehicle within the meaning of the Road Safety Act
1986—

and includes a newspaper advertisement
relating to goods and the use of any figure
word initials or mark which according to the
custom of the trade is commonly taken to be
an indication of any of the above matters.

No. 6265 s. 88.

34.

Certain goods not to be sold unless prescribed particulars as to quality, composition etc. attached thereto

(1) No person shall sell any goods to which this

section applies unless there is applied to such
goods (or, if so prescribed, to any covering label
reel or thing used in connexion therewith) in the
manner prescribed a trade description containing
such particulars as are prescribed.

(2) The goods to which this section applies are

quilts, cushions), upholstered furniture artificial or
imitation leather and such articles of wearing
apparel (including boots and shoes) and of leather
goods as are specified for the purposes of this
section in a proclamation of the Governor in

bedding (including mattresses, pillows, bolsters, the Governor in Council may from time to time revoke or amend any such proclamation by a further proclamation published in the Government Gazette.

41
Consumer Affairs Act 1972

Act No. 8276/1972 s. 35

35. Certain goods not to be sold unless country of origin No. 6265 s. 89.
indicated thereon
(1) No person shall sell any goods to which this

section applies unless there is applied to such
goods (or, if so prescribed, to any covering label
reel or thing used in connexion therewith) in the
manner prescribed a trade description of such
character as is prescribed indicating the country or
place in or at which the said goods or such
portions or constituents thereof as are prescribed
were made or produced.

(2) This section applies to any goods specified for the

purposes of this section or any corresponding
previous enactment in a proclamation of the
Governor in Council published in the Government
Gazette.

(3) This section does not apply to any goods or

portions or constituents thereof aforesaid which
were made or produced within the
Commonwealth of Australia.

36. False trade descriptions No. 6265 s. 90.
(1) No person shall apply a false trade description to any goods or sell any goods to which a false trade description is applied.
(2) For the purposes of this section a trade description shall be deemed to be applied to—
(a) any goods if—
(i) it is applied to woven into impressed on or otherwise worked into or annexed or affixed to the goods or any covering
label reel or thing used in connexion
therewith;

(ii) it is used in any manner likely to lead to the belief that it describes or designates the goods; or

42
Consumer Affairs Act 1972

s. 37

Act No. 8276/1972

(iii) it is used, whether in an advertisement

or catalogue or otherwise, in any
manner in connexion with or for the
purposes of the sale of the goods; or

S. 36(2)(b)

amended by	(b) a vehicle that is a motor vehicle within the
No. 127/1986	meaning of the Road Safety Act 1986 if an
s. 102(Sch. 4
item 3).	odometer in the vehicle indicates a mileage.
No. 6265 s. 91.	37. False representations as to Royal Warrant etc.

Every person who falsely represents that any goods are made by a person holding a Royal Warrant or for the service of Her Majesty or of
any Government department or have been tested penalty of not more than $100.
or inspected by or on behalf of Her Majesty or any

No. 6265 s. 92.

38.

Textile products not be sold unless labelled with particulars of composition etc.

(1) No person shall sell or offer for sale any textile

products unless there is in the manner prescribed
applied by printing or stamping on or weaving
into or securely attaching to such textile products
or where so required or permitted by the
regulations to the several prescribed portions
thereof or to some covering label reel or thing
used in connexion therewith a trade description in
the English language in legible characters
conspicuously placed so as to be clearly visible
and containing particulars as to quality purity
weight and other matters as prescribed by this
section and the regulations.

(2) Such trade description—

(a) for textile products which contain ninety-five per centum or more by weight of wool—

43
Consumer Affairs Act 1972

Act No. 8276/1972 s. 38
shall include the words "pure wool" or "all
wool";
(b) for textile products which contain less than

ninety-five per centum by weight of wool—
shall not except in any case provided for in
sub-section (3) include the words "pure
wool" or "all wool";

(c) for textile products which contain less than
ninety-five per centum but not less than five per centum by weight of wool—shall except where the trade description includes the
words "pure wool" or "all wool" in
pursuance of the provisions of sub-section
(3) include a statement specifying—
(i) the percentage by weight of wool which

is contained in the products; and
(ii) the other fibres contained in the
products in order of dominance by
weight;

(d) for textile products which contain less than
five per centum by weight of wool—shall state the fibres other than wool in order of dominance by weight followed by the words
"less than five per centum wool";
(e) for textile products which contain no wool— shall include a statement specifying the fibre contained in the products or if the products
contain more than one fibre the fibres in
order of dominance by weight.
(3) A trade description for textile products which
contain ninety-five per centum or more by weight of a mixture of not less than eighty per centum by weight of wool with cashmere or mohair or the
hair of the alpaca camel llama or vicuna or a mixture of not less than eighty per centum by

44
Consumer Affairs Act 1972

s. 38

s. 39

Act No. 8276/1972

weight of wool with a mixture of those fibres may
include the words "pure wool" or "all wool".
(4) In this section unless inconsistent with the context

or subject-matter—
"fibre" means wool hair silk cotton linen and any

other fibrous material whether natural or
artificial;
"textile products" means—
(a) woven knitted or felted materials
manufactured from fibre;

(b) tops yarns threads and lace;
(c) articles manufactured in whole or in
part of any materials referred to in
paragraph (a) or paragraph (b) of this
definition but not including linings
inter-linings or trimmings forming part
of such articles;

(d) carpets of all kinds whatsoever;
(e) any goods declared by the regulations
to be textile products for the purposes
of this section—

but excludes any goods which by the
regulations are declared not to be textile
products for the purposes of this section;
"wool" means the natural fibre from the fleece of any variety of domestic sheep or lamb.

No. 6265

s. 93(3).	39. Search warrants
S. 39
amended by	Where on a charge for an offence against this
No. 57/1989	Division either a summons requiring the
s. 3(Sch. item	defendant to appear to answer the same or a
31.1(a)-(f)).
warrant for the arrest of such defendant has been issued, and either at the time of the issue of the summons or warrant or at any time thereafter a

45
Consumer Affairs Act 1972
Act No. 8276/1972

magistrate is satisfied by evidence on oath or by affidavit that there is reasonable cause to suspect that any goods or things by means of or in relation
to which such offence has been committed are in any premises ship or vehicle of the defendant or otherwise in his possession or under his control in
any place, the magistrate may issue a search
warrant by virtue of which it shall be lawful for
any member of the police force named or referred
to in the warrant to break and enter such premises
ship vehicle or place at any reasonable time by
day and to search there for and seize and take
away those goods or things; and any goods or
things seized under any such warrant may be
brought before the Magistrates' Court.

40. Offences No. 6265 s. 94.
(1) Every person who contravenes or fails to comply with any of the provisions of this Division shall, unless he proves—
(a) that—
(i) having taken all reasonable precautions
against committing an offence against this Division he had at the time of the commission of the alleged offence no reason to suspect that he was
committing such an offence; and

(ii) on demand made by or on behalf of the

informant or an inspector he gave all
the information in his power with
respect to the persons from whom he
obtained the goods with respect to
which the offence was committed; or

(b) in the case of a contravention or failure to

comply with sub-section (1) of section 36 in
relation to a vehicle, that he believed on
reasonable grounds that the trade description

46
Consumer Affairs Act 1972

s. 41

s. 42

Act No. 8276/1972

was not false or that he had taken reasonable
steps to indicate that the trade description
was in his opinion unreliable—
be guilty of an offence against this Division. (2) Every person who is guilty of an offence against
this Division shall unless any other penalty is
expressly provided therefor be liable in the case of
a first offence to a penalty of not more than $100
and in the case of a second or any subsequent
offence to a penalty of not more than $500 or
imprisonment for a term of not more than six
months.

No. 6265 s. 98.

41. Regulations

(1) The Governor in Council may make regulations for or with respect to—
(a) forms for the purposes of this Division (and

all such forms or forms to the like effect
shall be sufficient in law);

(b) any matters which by this Division are
required or permitted to be prescribed or which are necessary to be prescribed for giving effect to the provisions of this
Division; and
(c) penalties not exceeding $50 for any offence against the regulations.
(2) No such regulation shall require the disclosure in

any trade description of any trade secret of
manufacture or preparation, except in any case
where the Minister so recommends on the ground
that the disclosure is necessary for the protection
of the health or well-being of the public.

Division 2—Footwear Regulation

No. 8073 s. 3.

42. Definitions

47
Consumer Affairs Act 1972

Act No. 8276/1972

In this Division unless inconsistent with the
context or subject-matter—
"prescribed" means prescribed by this Act or
regulations;
"shoes" includes boots slippers and sandals;
"sole" means all that part of a shoe which when
the shoe is worn by a person is under the foot
of the wearer including the heel but not
including—
(a) the insole;
(b) the thin slip of leather paper or like
material which is affixed to the upper
surface of the insole; or
(c) thread, wax, rivets, pegs, nails, toe- plates, heel plates, heel tips, or heel caps;

"upper" means the outer covering of that part of

a shoe above the sole, but does not include
any thread, lace, eyelet, buckle, button or
other adornment.

43. Certain particulars to be marked on boots and shoes No. 8073 s. 4.
(1) Any person who manufactures shoes for sale shall

mark in legible characters on the soles of such
shoes or where prescribed—

(a) the words "made by" or "manufactured by"
manufacturer or by a business name
registered under the Business Names Act
1962 or under a corresponding Act of any
other State or Territory of the

immediately followed by the name of the sole property of the manufacturer and if no other person has been granted the right to use that name by the manufacturer;

48
Consumer Affairs Act 1972

s. 43

Act No. 8276/1972

(b) in the case of shoes—
(i) the soles of which consist entirely of
leather, the words "all leather sole";

(ii) the uppers of which consist entirely of leather the words "all leather upper";
(iii) the quarter linings of which consist
entirely of leather the words "all leather
quarter lining";

(c) in the case of shoes, the soles of which do not consist entirely of leather—
(i) a true statement of the materials
composing the sole; or

(ii) in the case of soles consisting entirely

of synthetic material the words
"synthetic sole"; or

(iii) the words "non-leather sole";
(d) in the case of shoes the uppers of which do

not consist entirely of leather but consist
entirely or partly of a material resembling
leather—

(i) a true statement of the materials
composing the upper;
(ii) in the case of uppers consisting entirely

of synthetic material the words
"synthetic upper"; or

(iii) the words "non-leather upper";
(e) in the case of shoes the quarter linings of

which do not consist entirely of leather but
consist entirely or partly of a material
resembling leather—

(i) a true statement of the materials
composing the quarter lining;

49
Consumer Affairs Act 1972

s. 43
s. 44

Act No. 8276/1972

(ii) in the case of quarter linings consisting entirely of synthetic material the words "synthetic quarter lining"; or
(iii) the words "non-leather quarter lining".
(2) For the purposes of this section a sole shall be

deemed to consist entirely of leather if the only
material therein other than leather consists of one
or more of the following—

(a) ordinary fillers of cork or waterproof felt;
(b) canvas used to reinforce the insole;
(c) a prescribed material used as prescribed in

the manufacture of shanks;

(d) wood plastic or metal used in the heels

including heel tips or caps;

(e) stiffening of such materials and so made as
prescribed.
(3) Any manufacturer of shoes for sale who fails to
mark the shoes as required by this section and any person who sells or exposes for sale or supplies or has in his possession for sale or supply any shoes not so marked (wheresoever the shoes were
manufactured) shall be guilty of an offence
against this section and liable to a penalty of not
more than $200.

44. Defence No. 8073 s. 5.
It shall be a defence to any prosecution for an offence against section 43 if the defendant establishes that the shoes concerned were manufactured outside Australia and were sold or exposed for sale or supplied or in possession for sale or supply (as the case requires) having applied thereto a trade description showing all particulars required by or under the Commonwealth Act known as the Commerce

50
Consumer Affairs Act 1972

s. 46

Act No. 8276/1972

(Trade Descriptions) Act 1905–1966 or under that
Act as amended from time to time.

No. 8073 s. 6.

45. Soles not to contain weighting substance

(1) Every person who manufactures for sale or sells

or exposes for sale or supplies or has in his
possession for sale or supply any shoes the soles
of which consist of leather having an admixture of
any weighting substance specified in the
regulations shall be liable to a penalty of not more
than $200.

(2) It shall be a defence to any prosecution for an

offence against this section if the defendant
proves that the shoes concerned were purchased
by him from any manufacturer importer or
wholesale dealer and that he had no reason to
believe that the soles of such shoes contained any
weighting substance specified in the regulations.

(3) The provisions of Division 8 of Part XIV of the
Health Act 1958 with respect to warranties shall with such adaptations and modifications as are necessary extend and apply to a defendant in any proceedings under this Act for a breach of this section and in the construction of the said Division for the purposes of this sub-section but without affecting the generality thereof any reference in the said Division to any article of food or drug shall be read and construed as if it were a reference to shoes.

No. 8073 s. 7.

46. Powers of inspectors
(1) Any inspector—

(a) may enter any place where shoes are
manufactured or sold or supplied or exposed or kept for sale or supply or any place where he has reason to believe any of such things is done;

51
Consumer Affairs Act 1972

Act No. 8276/1972 s. 48
(b) may inspect any articles in such place;
(c) shall at the request of any person apparently
in charge of such place or of any work
carried on therein produce a certificate of his
appointment as inspector; and
(d) may in any such place take any shoes,
whether manufactured or partly
manufactured, paying a just price for the
same.

(2) Every person who hinders or obstructs or attempts to hinder or obstruct any inspector in the exercise by him of the powers conferred by this Division
shall be liable to a penalty of not more than $200.

47. Proof of manufacture for sale etc. No. 8073 s. 8.

goods, sales or packages or to sales by or to
specified classes of persons or in specified
places or circumstances or otherwise;
(b) may be expressed to apply generally to
packages and packaging whether outer or inner or to apply either to outer or to inner packages or packaging; and
(c) may, in respect of offences against the
regulations, provide that, in a prosecution for
an offence, the proving of specified matters
is a defence to the prosecution.

S. 61B

61B. Invoice to be supplied on request inserted by
No. 8630
s. 10(1).
S. 61B(1)

(1) Where a purchaser of goods or services makes a request of the vendor of the goods or services to amended by
No. 9197 s. 5.
the effect that he requires to be given an invoice or other document containing particulars of the goods or services sufficient to identify them and
particulars of such information as to standards of
the goods or services or of parts of the goods or
services as ought reasonably to be made known to
a purchaser of the goods or services or the
purchaser specifies in the request, the vendor shall
comply with the request and, where in relation to
the goods or services, particulars have been

66
Consumer Affairs Act 1972

s. 61C

Act No. 8276/1972

prescribed for the purposes of this section, shall
include the prescribed particulars.
(2) A vendor who refuses or fails to comply with a

request made under sub-section (1) is guilty of an
offence.

S. 61C

inserted by	61C. Repairer to offer to return replaced parts to customer
No. 8630
s. 10(1).	(1) Where a person, in the course of carrying on a business, effects repairs to or maintains, goods for another person and, in the course of effecting those repairs or carrying out that maintenance, permanently removes a part or parts of the goods (whether or not he also replaces the part or parts) he shall, at or before the time when the goods are returned to the other person, offer to return the part or parts removed and, upon being so requested, shall return the part or parts to the other person.
(2) A person who contravenes or fails to comply with sub-section (1) is guilty of an offence.
S. 61C(3)
inserted by	(3) This section does not apply in a case where no
No. 9036 s. 7.	charge is made for the removal of the part or, where the part is replaced, the removal and the replacement of the part.

_______________

67
Consumer Affairs Act 1972

Act No. 8276/1972 s. 62

PART V—GENERAL

62. Employment of inspectors

S. 62(1)

(1) There may be employed under Part 3 of the amended by

Public Sector Management and Employment No. 9059
s. 2(1),
Act 1998 persons to be inspectors under this Act. substituted by
No. 46/1998
s. 7(Sch. 1).
S. 62(2)

(2) Subject to the following sub-sections of this section the Minister may by writing authorize any

amended by
Nos 8630
s. 11(1), 9197

employee in the Public Service or a person s. 6(a)(i)–(iii),
appointed for the purposes of the Ministry of 46/1998
Consumer Affairs Act 1973 to be and to exercise s. 7(Sch. 1).
and perform all the powers authorities duties and
functions of an inspector, either during any
specified period or without any limitation of time
and may by writing revoke the authority.
S. 62(3)

(3) A person who by virtue of sub-section (1) or (2) is an inspector under this Act shall, while he is such

inserted by
No. 9197

an inspector, also be an inspector under and for s. 6(b).

the purposes of all the Consumer Acts, and may exercise and perform all the powers, authorities, duties and functions of an inspector under this Act
in respect of all those Consumer Acts.
S. 62(4)

(4) The provisions of sections 63 to 66 (hereinafter in this section called the "inspectoral sections") shall

inserted by
No. 9197

with such modifications as are necessary extend s. 6(b).
and apply to and with respect to all the Consumer foregoing, in particular with the modifications that—
(a) unless the contrary intention appears, a

reference to "this Act" includes a reference
to all the Consumer Acts; and

68
Consumer Affairs Act 1972

s. 63

Act No. 8276/1972

(b) a person who contravenes or fails to comply with the provisions of any of the inspectoral sections shall, irrespective of the Consumer Act in relation to which the inspector was
acting, be guilty of an offence against this set out in this Act.

S. 62(5)

inserted by

(5) For the purposes of this section "the Consumer

No. 9197

Acts" means the Acts and enactments set out

s. 6(b).

from time to time in the Schedule to the Ministry
of Consumer Affairs Act 1973.

S. 62(6)

*

inserted by
No. 9197
s. 6(b),
repealed by
No. 60/1995
s. 28(1).

63. Certificates of appointment

S. 63(1)

amended by	(1) Every inspector shall be furnished by the
No. 46/1998	Secretary with a certificate of his appointment,
s. 7(Sch. 1).	which shall be produced on demand to the occupier or person in charge of any building or place which an inspector intends to enter or enters in the course of his duty under this Act.

(2) Every person who forges any such certificate or

makes use of any forged or false certificate or who
falsely pretends to be an inspector under this Act
shall be guilty of an offence against this Act.

64. Powers of inspectors

S. 64(1)

amended by	(1) An inspector at any reasonable time by day or
No. 8630	night may—
s. 11(2)(a).

(a) with such assistance as he requires enter any

premises or place which he considers it
necessary to enter in the administration of
this Act;

69
Consumer Affairs Act 1972

Act No. 8276/1972 s. 64
(b) examine any part of such premises and any goods therein;
(c) on payment or tender of a reasonable price, demand select and obtain any goods or any sample of any goods which are in or on such
premises;
(d) examine with respect to any matters under this Act any person whom he finds in such premises;
(e) examine with respect to any matters under

this Act any documents found in such
premises and take copies or extracts
therefrom;

S. 64(1)(f)

(f) with respect to any matter under this Act, require a person— substituted by
No. 8630
s. 11(2)(b).
(i) to give him whether orally or in writing such information as he requires;

(ii) to answer whether orally or in writing any question put to him; and
(iii) to produce to him a document specified in the request; and

S. 64(1)(g)

(g) exercise such other powers as are necessary for carrying this Act into effect.

inserted by
No. 8630
s. 11(2)(b).
S. 64(2)

(2) Where under sub-section (1), an inspector requires information, an answer to a question or the

substituted by
No. 8630

production of a document from or by a person and s. 11(2)(c).
that person, without reasonable excuse—
(a) refuses or fails to reply to the request; or

70
Consumer Affairs Act 1972

s. 65

Act No. 8276/1972

(b) furnishes him with information that is false or misleading in a material particular—
that person is guilty of an offence.
Penalty: $500.

S. 64(3)

inserted by	(3) It is a defence to proceedings for an offence under this section if the defendant proves that he had not been informed that he was required to reply to the request.
No. 8630
s. 11(2)(c).
S. 64(4)
inserted by	(4) In proceedings for an offence under this section, a
No. 8824 s. 5.	request to a person for information, an answer to a question or production of a document sent in writing by prepaid certified mail to the address of the place of residence or business of that person last known to the person sending the request or, if the first-mentioned person is a body corporate, to the address of the registered office of the body corporate, shall in the absence of evidence to the contrary be deemed to have been duly made to the first-mentioned person and to have been received by him at the time at which it would have been delivered in the ordinary course through the certified mail service.

65. Obstructing etc. an inspector to be an offence
(1) The occupier of any premises or place and his
agents and employees shall provide an inspector with any facilities that are necessary or desirable to enable an entry or inspection to be made to the premises or place or to exercise or perform any

other power function or duty under this Act. (2) A person who—
(a) wilfully delays an inspector in the exercise of any power under this Act;
(b) fails to comply with a requisition of an
inspector made under any such power; or

71
Consumer Affairs Act 1972

Act No. 8276/1972 s. 65A
(c) conceals or prevents any person from
appearing before or being examined by an
inspector or attempts so to conceal or
prevent a person—

shall be guilty of an offence under this Act. (3) Every person who—
(a) obstructs hinders impedes resists or opposes;
or
(b) refuses admission to any premises to—
any inspector or person assisting an inspector or
other person in the performance of anything which
such inspector or other person is lawfully doing
under this Act and the occupier of any premises
where any such obstructing hindering impeding
resisting opposing or refusing occurs shall be
guilty of an offence against this Act.

(4) Every person who assaults or directly or indirectly

intimidates or threatens or attempts to intimidate
or threaten an inspector shall be liable to a penalty
of not more than $400 or imprisonment for a term
of not more than six months.

S. 65A

65A. Penalty inserted by

Every person who is guilty of an offence against No. 8382 s. 8.
this Act shall unless any other penalty is expressly
provided therefor be liable to a penalty of not
more than $100.
No. 4501 s. 2

66. Prosecutions [93].
Proceedings for any offence against this Act may be taken by any inspector or by any other person thereunto authorized in writing by the Minister
whether generally or in any particular case or by
any person whose rights are impaired or who is
specially aggrieved by the commission of such

72
Consumer Affairs Act 1972

s. 67

Act No. 8276/1972

offence or by the duly appointed attorney of any
such last-mentioned person.

67. Evidence as to imported goods
(1) In any prosecution for an offence against this Act, in the case of imported goods evidence of the port of shipment shall be prima facie evidence of the
country or place in or at which the goods were
made or produced.

S. 67(2)

amended by	(2) In any prosecution for an offence against this Act
No. 8382 s. 9.	the production by the prosecutor of the certificate of an analyst shall be sufficient evidence of the facts therein stated unless the defendant at least twenty-four hours before the hearing has given notice in writing to the prosecutor that he requires the analyst to be called as a witness.
S. 67A
inserted by	67A. Offences by bodies corporate
No. 9036 s. 8.	Where a person charged with an offence against this Act or any provision thereof is a body corporate a person who is concerned or takes part in the management of the body corporate may be charged with a like offence and where the body corporate is convicted of the offence a person who is so concerned or takes part in the management of the body corporate may be convicted of the like offence unless he proves that the act or omission constituting the offence took place without his knowledge or consent.

68. All documents to be legible
All agreements statements notices and other documents required by this Act shall be in clear and legible handwriting or in print or type of a size not less than the type known as ten point Times and the statement and appendix set out in Schedule One shall be in print or type of the size not less than the type known as twelve point

73
Consumer Affairs Act 1972

Act No. 8276/1972 s. 69
Times and shall, if endorsed on the offer or agreement, be prominently set out in relation to the other material in the offer or agreement.

S. 69

69. Regulations amended by
No. 8488

(1) The Governor in Council may make regulations for or with respect to—

s. 8(a).
S. 69(1)(a)

(a) the convening of meetings of the Committee and the conduct of such meetings;

amended by
No. 9909
s. 3(2)(b).
S. 69(1)(b)

(b) fees and allowances to be paid to members of the Committee;

amended by

Nos 8630 s. 10(2)(a),
9909 s. 3(2)(b).
S. 69(1)(ba)

(ba) prescribing particulars for the purposes of section 61B whether generally or in relation

inserted by
No. 8630

to specified goods or specified classes of s. 10(2)(b).
goods; and
(c) generally, any matter which is authorized or

required or which is necessary for carrying
out the provisions of this Act.

S. 69(2)

(2) Regulations under this Act may apply adopt or incorporate with or without modification matter

inserted by
No. 8488

contained in an instrument or writing as in force s. 8(b).
or existing at the time when the regulations are
made.
S. 69(3)

(3) The production of a document purporting to be a copy of an instrument or writing applied adopted

inserted by
No. 8488

or incorporated in regulations made under this Act s. 8(b).

that bears a certificate signed by the Minister to the effect that the document is a true copy of the instrument or writing is prima facie evidence of the application adoption or incorporation of that instrument or writing in the regulations.

74
Consumer Affairs Act 1972

s. 70

Act No. 8276/1972

70. Repeals

S. 70(1)

amended by

(1) The Acts and enactments mentioned in Schedule

No. 8382

Three to the extent to which they are therein

s. 10(1).

expressed to be repealed are hereby repealed
accordingly.

S. 70(2)(3)

*

repealed by No. 9863 s. 2.

__________________

75
Consumer Affairs Act 1972

Sch. 1
Sch. 1

Act No. 8276/1972

SCHEDULES

SCHEDULE ONE S. 15.

STATEMENT

To (Insert name and address of purchaser)
Take notice that you are entitled to terminate the agreement (or offer) made
by you on the day of 19 with respect to (insert concise
description of goods or services) ‡ by giving to the vendor notice in the
form of the Appendix to this statement addressed to the address of the vendor
shown in the said Appendix at any time within ten days after the day upon
which the agreement or offer was made by you.

APPENDIX

NOTICE OF TERMINATION

To (Insert name and address of vendor)
Take notice that I hereby terminate the agreement (or offer) made by me with respect to the above-mentioned goods or services and require you to repay all moneys paid by me under or with respect to such agreement and to deliver all goods or other property given to you by me pursuant to such agreement
forthwith.
I am unable to return (Specify any goods which cannot be returned)
Dated this day of 19 .

(Signed)*

*To be signed by the purchaser.
‡The notice may be given—

(a)

by leaving it at the address shown in the notice set out in the Appendix to this Schedule; or
(b) by posting the notice to that address—
within ten days after the day upon which the agreement (or offer) was made.
NOTE—If posting this notice you are recommended to send this notice by registered post in order to facilitate proof of the giving of the notice.

__________________

76
Consumer Affairs Act 1972

Sch. 2	Act No. 8276/1972
SCHEDULE TWO
S. 16.	To (Insert name and address of purchaser)
Sch. 2
amended by	You may by completing the notice in the appendix and posting it to the
No. 8630	person named therein at the address set out, confirm the agreement (or offer)
s. 3(2).	made by you on the day of 19 .
If the agreement (or offer) is one to which the Consumer Affairs Act 1972 applies you would have the right to terminate the agreement (or offer) within ten days of its making or if you did not receive a statement in writing of your rights to terminate the agreement (or offer) at the time you made the
agreement (or offer) you could terminate the agreement (or offer) within six months of its making.
If you did not receive a statement of your rights to terminate the agreement (or offer) at the time you made the agreement (or offer) you should seek advice.
Remember if you complete and post the notice in the appendix you will lose any rights you might have had under the Consumer Affairs Act 1972 to terminate the agreement (or offer).

APPENDIX

NOTICE

To (Insert name and address of person who has sent notice)
Take notice that I confirm the agreement (or offer) made by me on the day of 19 with respect to (insert concise description of goods or services).
I understand that in returning this notice I lose any rights that I might have to terminate the agreement (or offer) under section 16 of the Consumer Affairs Act 1972.

(Signed.)*

*To be signed by the purchaser.

__________________

77
Consumer Affairs Act 1972

Act No. 8276/1972 Sch. 3

SCHEDULE THREE

S. 70 Sch. 3 amended by
No. 8382 s. 11.

Number

of Act Title of Act Extent of Repeal
6265 Goods Act 1958 In Section 1 the expression "Part
IV—Trading Stamps or
Coupons Sections 84–86" and
the expression "Part V
Merchandise Marks Sections
87–98." Parts IV and V.

6283

Labour and Industry Act 1958

In Section 1 the expression "Division 7—Stamping Furniture Sections 112–121.";

Division 7 of Part VII and heading preceding that Division;
Sub-paragraph (ii) of paragraph
(h) of sub-section (1) of
section 192;
Paragraph (l) of sub-section (1)
of section 206;
Items 6, 7 and 9 of the Second
Schedule.

7091 Door to Door (Sales) Act 1963 The whole.
7131 Goods (Trading Stamps) Act 1964 The whole.
7405 Summary Offences Act 1966 S. 36.
7744 Door to Door (Sales) (Amendment) The whole.
Act 1968
7771 Goods (Textile Products) Act 1968 The whole.
7862 Goods (Trade Descriptions) Act 1969 The whole.
7964 Door to Door (Sales) (Amendment) The whole.
Act 1970
7965 Consumer Protection Act 1970 The whole.
8073 Footwear Regulation Act 1970 The whole.

═══════════════

78
Consumer Affairs Act 1972

Notes

Act No. 8276/1972

NOTES

1. General Information
The Consumer Affairs Act 1972 was assented to on 13 May 1972 and came into operation as follows:

Sections 1–4, Parts 1, 2 (except Divisions 2, 3), 3 (except Division 2), 4, 5 on
1 July 1972; Part 2 Divisions 2, 3, Part 3 Division 2 on 13 July 1972
(deemed by s. 2(2) of Act No. 8382).

The name of this Act was changed from the Consumer Protection Act 1972 to the Consumer Affairs Act 1972 by section 3(1) of the Consumer Affairs Act 1974, No. 8630/1974.

79
Consumer Affairs Act 1972

Notes
Notes

Act No. 8276/1972

2. Table of Amendments

This Version incorporates amendments made to the Consumer Affairs Act
1972 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Consumer Protection (Amendment) Act 1972, No. 8382/1972

Assent Date: 19.12.72
Commencement Date: S. 10(1) on 30.6.72: s. 10(2); rest of Act on 1.2.73:
Government Gazette 17.1.73 p. 119
Current State: All of Act in operation

Consumer Protection Act 1973, No. 8488/1973

Assent Date: 4.12.73
Commencement Date: All of Act (except ss 3–5) on 19.12.73: Government
Gazette 19.12.73 p. 4034; s. 4 on 6.2.74: Government
Gazette 6.2.74 p. 330; s. 3 on 4.4.74: Government
Gazette 3.4.74 p. 791; s. 5 on 3.6.74: Government
Gazette 1.5.74 p. 1055
Current State: All of Act in operation
Consumer Protection (Unordered Goods and Services Amendment) Act 1974,
No. 8540/1974

Assent Date: 30.4.74
Commencement Date: 30.4.74
Current State: All of Act in operation
Consumer Affairs Act 1974, No. 8630/1974

Assent Date: 17.12.74
Commencement Date: 1.1.75: Government Gazette 18.12.74 p. 4301
Current State: All of Act in operation
Consumer Affairs (Amendment) Act 1975, No. 8824/1975

Assent Date: 9.12.75
Commencement Date: 9.12.75
Current State: All of Act in operation
Consumer Affairs (Amendment) Act 1977, No. 9036/1977

Assent Date: 22.11.77
Commencement Date: 1.12.77: Government Gazette 30.11.77 p. 3645
Current State: All of Act in operation
Statute Law Revision Act 1977, No. 9059/1977

Assent Date: 29.11.77
Commencement Date: 29.11.77: subject to s. 2(2)
Current State: All of Act in operation
Consumer Affairs (Amendment) Act 1978, No. 9197/1978 (as amended by
Nos 9427/1980, 11/1995)

80
Consumer Affairs Act 1972

Notes

Act No. 8276/1972

Assent Date: 5.12.78
Commencement Date: All of Act (except s. 4) on 1.1.79: Government
Gazette 20.12.78 p. 3885; s. 4 never proclaimed,
repealed by No. 11/1995
Current State: All of Act in operation
Statute Law Revision Act 1980, No. 9427/1980

Assent Date: 27.5.80
Commencement Date: 27.5.80: subject to s. 6(2)
Current State: All of Act in operation
Statute Law Revision (Repeals) Act 1982, No. 9863/1982

Assent Date: 5.1.83
Commencement Date: 5.1.83
Current State: All of Act in operation
Consumer Affairs Committee Act 1983, No. 9909/1983

Assent Date: 21.6.83
Commencement Date: 1.7.83: Government Gazette 29.6.83 p. 1888
Current State: All of Act in operation
Consumer Affairs (Product Safety) Act 1983, No. 9961/1983

Assent Date: 22.11.83
Commencement Date: 1.2.84: Government Gazette 21.12.83 p. 4046
Current State: All of Act in operation
Accident Compensation Act 1985, No. 10191/1985

Assent Date: 30.7.85
Commencement Date: S. 276 on 31.8.85 (at 4 p.m.): Government Gazette
30.8.85 p. 3401
Current State: This information relates only to the provision/s
amending the Consumer Affairs Act 1972
Fair Trading Act 1985, No. 10201/1985 (as amended by No. 51/1987)

Assent Date: 29.10.85
Commencement Date: All of Act (except s. 46) on 1.4.86: Government
Gazette 12.3.86 p. 589; s. 46 on 3.4.88: Government
Gazette 30.3.88 p. 752
Current State: All of Act in operation
Courts Amendment Act 1986, No. 16/1986

Assent Date: 22.4.86
Commencement Date: S. 30 on 1.7.86: Government Gazette 25.6.86 p. 2180
Current State: This information relates only to the provision/s
amending the Consumer Affairs Act 1972
Road Safety Act 1986, No. 127/1986

81
Consumer Affairs Act 1972

Act No. 8276/1972

Assent Date: 23.12.86
Commencement Date: S. 102 on 1.3.87: Government Gazette 25.2.87 p. 445;
Sch. 4 item 3 on 1.7.87: Special Gazette (No. 27)
25.6.87 p. 1
Current State: This information relates only to the provision/s
amending the Consumer Affairs Act 1972
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date: 14.6.89
Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette
30.8.89 p. 2210; rest of Act on 1.9.90: Government
Gazette 25.7.90 p. 2217
Current State: All of Act in operation
Financial Management (Consequential Amendments) Act 1994, No. 31/1994

Assent Date: 31.5.94

Commencement Date:

S. 3(Sch. 1 item 13) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984
Current State: This information relates only to the provision/s
amending the Consumer Affairs Act 1972
Trade Measurement (Administration) Act 1995, No. 60/1995

Assent Date: 20.6.95
Commencement Date: S. 28(1) on 1.1.96: Government Gazette 7.12.95
p. 3381
Current State: This information relates only to the provision/s
amending the Consumer Affairs Act 1972
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date: 26.5.98
Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State: This information relates only to the provision/s
amending the Consumer Affairs Act 1972

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

82
Consumer Affairs Act 1972

Notes

Act No. 8276/1972

3. Explanatory Details
1 S. 13(4)–s. 13(9):
S. 13(4)–(7) repealed by No. 10201 s. 46.
S. 13(8) amended by No. 9036 s. 3(2), repealed by No. 10201 s. 46.
S. 13(9) repealed by No. 10201 s. 46.
2 Ss 21–31:
Ss 21–25 repealed by No. 10201 s. 46.
S. 26 amended by No. 8540 s. 2(a)(b), repealed by No. 10201 s. 46.
Ss 27–30 repealed by No. 10201 s. 46.
S. 31 repealed by No. 9036 s. 8(2).
3 Ss 32A–32E:
S. 32A inserted by No. 8488 s. 6, amended by No. 8630 s. 8(1)(a)(b), repealed by No. 10201 s. 46.
S. 32B inserted by No. 8488 s. 6, amended by No. 8630 s. 8(2), repealed by
No. 10201 s. 46.
Ss 32C–32E inserted by No. 8488 s. 6, repealed by No. 10201 s. 46.

83
Consumer Affairs Act 1972

Act No. 8276/1972

INDEX

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Subject Section
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Act

exemptions 14, 35, 48
repeals 70, Sch. 3
savings 3, 13E, 57B

Annual report 7
Consumer

consent 9B
definition 9A
Consumer Affairs Committee

appointment 5
functions 6
powers 6
sub-committee 6
Court

appeal 57E
evidence 47, 67
proceedings 9C, 66
Dangerous goods

appeal 57E
definitions 57A
prohibit supply 57C, 57D

Definitions

4, 9A, 10–13, 13B, 14, 17, 18, 33, 38, 42, 50, 57A, 58
Director

duties 8
powers 9B, 9C, 57

Documents 68
Door to Door

definitions 14
exclusions 14
identification 20A
termination 16, 17, 18, Sch. 1,
2
written agreement 15, 20, Sch.1

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

84
Consumer Affairs Act 1972

Act No. 8276/1972

Subject Section
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
False representation

defence 40
false trade description 33, 36, 37
Goods

dangerous 57A
definitions 12, 57A
description 34–36, 38
furniture 51–53, 55
invoice 61B
repair 61C
representation 37
shoes 43, 45, 48
textile 38

Hire purchase agreement 16
Inspectors

appointment 62, 63
powers 46, 57, 64
Marking of merchandise

composition 34, 38
defence 44
footwear 43, 45
furniture 50–55
origin 35
trade description 33
Mock auctions

definitions 13B
prohibition 13C
Offences

advertising 13
body corporate 67A
dangerous goods 57F, 60
defence 40, 44, 45, 61
false representation 37
hinder inspector 46, 65
hire purchase 16
identification 20A, 35
invoice 61B
marking of prices 13A
mock auctions 13C
prosecutions 47, 66, 67
purchaser 19
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Subject Section
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

85
Consumer Affairs Act 1972

Act No. 8276/1972

repair parts 61C
shoe soles 45
stamping furniture 54, 56
trading stamps 11
vendor 19
description 34, 36
Officer

appointment 9
inspectors 46

Penalties 11, 13, 13A, 13C,
16, 19, 20A, 36,
37, 40, 45, 54, 56,
57F, 65, 65A
Purchase agreement

documents 68
negotiations 20A
termination 16–18, 20, Schs 1
and 2
writing 15

Regulations

13F, 32, 41, 49, 59, 60, 61A, 69
Sale

door to door 14–17, 20A
furniture 55
goods 13C, 34, 35
invoice 61B
textile 38
trading stamps 11

Search warrants 39
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
NOTE:
This index does not form part of the Consumer Affairs Act 1972 and is provided for convenience of reference only.

86

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Consumer Affairs Act 1972 (Vic)

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PART 1—ADMINISTRATION	6
Division 1—Consumer Affairs Committee	6

5.	Consumer Affairs Committee	6
6.	Functions of the Committee	6
7.	Annual report to Minister	7

10.	Definitions	13
11.	Trading stamps abolished	13
12.	Meaning of "goods" in certain sections	14

Section	Page
Division 2A—Misleading Marking of Prices	16
13A. Cash price of goods to be indicated	16
Division 2B—Mock Auctions	18
13B. Definitions	18
13C. Prohibition of mock auctions	19
13D. Repealed	20
13E. Savings of other remedies or actions	20
13F. Regulations	21
Division 3—Door to Door Sales	21

14.	Definitions and application of Division	21
15.	Credit purchase agreement or offer to be in writing etc.	27
16.	Purchaser may terminate agreement or offer	27
17.	Effect of termination of credit purchase agreements and offers	29
18.	Effect of termination of credit purchase agreement where goods
given as trade-in	32
19.	Offences	34
20.	Certain provisions in agreements and offers void	35

20A. Vendor or person acting for vendor to carry identification card	36
Division 4—Unordered Goods and Services	37
21–31. Repealed	37

Division 5—Pyramid Selling Schemes	38
32A–32E. Repealed	38
Division 6—Referral Selling	38
32F. Repealed	38
PART 3—MARKING OF MERCHANDISE	39
Division 1—Merchandise Marks	39

33.	Definitions	39
34.	Certain goods not to be sold unless prescribed particulars as to
quality, composition etc. attached thereto	41
35.	Certain goods not to be sold unless country of origin indicated
thereon	42
36.	False trade descriptions	42
37.	False representations as to Royal Warrant etc.	43
38.	Textile products not be sold unless labelled with particulars of
composition etc.	43
39.	Search warrants	45
40.	Offences	46

42.	Definitions	47
43.	Certain particulars to be marked on boots and shoes	48
44.	Defence	50
45.	Soles not to contain weighting substance	51
46.	Powers of inspectors	51
47.	Proof of manufacture for sale etc.	52
48.	Section 43 not to apply to goods for export outside Australia	52
49.	Regulations	52

50.	Definition	53
51.	Stamping of furniture in factories	53
52.	Furniture made in Victoria to be stamped	53
53.	Certain particulars to be shown by stamp	54
54.	Failure to stamp furniture an offence	54
55.	Imported furniture to be stamped	54
56.	Penalty	54
57.	Stamps to be pointed out to inspector if required	55

PART 4—SAFE DESIGN AND CONSTRUCTION OF GOODS	56
Division 1—Prohibition on Supply of Dangerous Goods	56
57A. Definitions	56
57B. Other Acts to prevail	56
57C. Power of Minister to make interim orders prohibiting supply of

57E. Right of appeal against orders made under section 57D	60
57F. Offences	60
Division 2—Imposition of Safety Requirements by Regulation	61

58.	Definitions	61
59.	Regulations	61
60.	As to regulations under section 59	62
61.	Non-compliance with section 60 an offence	63

Section	Page
PART 4A—MISCELLANEOUS PROVISIONS	65
61A. Packaging of goods	65
61B. Invoice to be supplied on request	66
61C. Repairer to offer to return replaced parts to customer	67
PART 5—GENERAL	68

62.	Employment of inspectors	68
63.	Certificates of appointment	69
64.	Powers of inspectors	69
65.	Obstructing etc. an inspector to be an offence	71

68.	All documents to be legible	73
69.	Regulations	74
70.	Repeals	75

SCHEDULES	76
SCHEDULE 1—Statement	76
SCHEDULE 2—Notice	77
SCHEDULE 3—Extent of Repeal	78

NOTES	79
1. General Information	79
2. Table of Amendments	80
3. Explanatory Details	83
INDEX	85

	Division 1—Trading
	Stamps or Coupons
	ss 10–12
	Division 2—False or
	Misleading
	Advertising s. 13

	Division 2A—
Misleading Marking
	of Prices s. 13A


Part II—Dishonest or		Division 2B—Mock
Undesirable Trade	Auctions ss 13B–13F
Practices ss 10–32	
	Division 3—Door to
	Door Sales ss 14–20
	Division 4—
	Unordered Goods and
	Services ss 21–32

	Division 5—Pyramid
	Selling Schemes
	ss 32A–32E
	Division 6—Referral
	Selling s. 32F
	Division 1—
	Merchandise Marks
	ss 33–41

Part III—Marking of	Division 2—Footwear
Merchandise ss 33–57		Regulation ss 42–49
	Division 3—Furniture
	Regulation and
	Labelling ss 50–57C


	Division 1—
	Prohibition on Supply
	of Dangerous Goods ss

Part IV—Safe Design		57A–57F
and Construction of		Division 2—
Goods ss 57A–61		Imposition of Safety
	Requirements by Regulation ss 58–61

*	*	*	*	*	"bureau" amended by
No. 8630 s. 4(1)(b),
repealed by No. 9197
s. 7(1)(a). S. 4 def. of

"Committee" means the Consumer Affairs	"Committee"
Committee established under this Act;	inserted by No. 9909
s. 3(1)(a). S. 4 def. of

"Director" means the Director of Consumer Affairs appointed for the purposes of the	"Director"
inserted by
Ministry of Consumer Affairs Act 1973;	No. 8488 s. 3.

"member" means a member of the Committee and includes an acting member;	"member"
amended by No. 9909
s. 3(2)(b).

(1) For the purposes of this Act there shall be a Committee to be called the Consumer Affairs Committee.	substituted by
No. 9909 s. 2.
(2) The Committee shall be appointed by the Minister and shall consist of not less than nine persons.
(3) A member of the Committee shall hold office for such period as is specified in the instrument of his appointment and shall be eligible for re-

(5) Members of the Committee and persons co-opted under sub-section (5) of section 6 shall not as such	amended by
No. 46/1998

be subject to the Public Sector Management and	s. 7(Sch. 1).
Employment Act 1998.
S. 5(6)

(6) The Governor in Council shall from time to time prescribe the remuneration and travelling and	amended by
No. 31/1994 s. 3(Sch. 1