Consumer Affairs Act Amendment Act 1987 (Qld)

529 (1 ueenst 9 azt -1 i ANNO TRICESIMO SEXTO EL,IZA ET AE SEC N AE 7EGINAE An Act to amend the Consumer Affairs Act 1970-1985 in certain particulars [ASSENTED TO 21ST AUGUST, 1987]

530 Consumer Affairs Act Amendment Act 1987, No. 43 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- 1. Short title and citation . (1) This Act may be cited as the Consumer Affairs Act Amendment Act 1987. (2) In this Act , the ConsumerAffairs Act 1970-1985 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the ConsumerAffairs Act 1970-1987. 2. Amendment of s. 4 . Definitions . Section 4 of the Principal Act is amended by- (a) in subsection (1), omitting the definition " consumer"; (b) adding at the end thereof the following subsections:- "(3) In this Act , unless the contrary intention appears, a reference to a consumer is a reference to a person who, in relation to a separate transaction , being either a separate contract or separate transaction under a contract , buys or hires goods or acquires services for fee or reward payable by him, as a consumer, or does each of these acts as a consumer in any case where he does more than one of them in a separate transaction. (4) A person buys or hires goods or acquires services for fee or reward payable by him, as a consumer , within the meaning of subsection (3), if- (a) being a person other than an incorporated person, the goods he buys or hires and the services he acquires under the separate transaction , are bought , hired or acquired by him otherwise than in the course of or for the purposes of a trade or business carried on by him or than as a member of a business partnership and, in a case where he buys or hires goods in the separate transaction , he buys or hires them otherwise than for re - sale or letting on hire; or (b) the total cash price for all goods bought or hired and services acquired by him under the separate transaction is less than $40,000 and, in a case where he buys or hires goods under the separate transaction, he buys or hires them otherwise than for re-sale or letting on hire. (5) For the purposes of paragraph (b) of subsection (4), in any case where the total cash price is not ascertainable by reference to cash prices stipulated in the contract in question, the total cash price for the goods and services shall be deemed to be the reasonable cash price for them having regard to the circumstances of the case.

Consumer Affairs Act Amendment Act 1987, No. 43 531 (6) Where it is alleged in any proceeding under this Act or in any other proceeding in respect of a matter arising under this Act that a person was a consumer in relation to particular goods or services or goods and services, it shall be presumed unless the contrary is proved, that the person was a consumer in relation thereto.".