Consumer Transactions Act 1972 (SA)

South Australia

Consumer Transactions Act 1972

An Act to provide protection for consumers who enter consumer contracts; and for other purposes.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Consumer Transactions Act 1972.

In this Act, unless the contrary intention appears—

Commissioner means the Commissioner for Consumer Affairs;

consumer means a person (other than a body corporate) who enters into a consumer contract with a view to purchasing, or acquiring the use or benefit of, goods or services, and includes a person to whom rights, interests or liabilities under the consumer contract are assigned;

consumer contract means a contract or agreement—

1. (a)

   under which a person (other than a body corporate)—

   1. (i)

      purchases goods or contracts for the performance of services; or

   2. (ii)

      takes goods on hire (whether or not the contract purports to confer a right or option on the consumer to purchase the goods); or

   3. (iii)

      acquires by other means the use or benefit of goods or services; and

2. (b)

   under which the consideration to be paid or provided by or on behalf of the consumer in money or money's worth does not exceed $40 000 (excluding any interest or fees or charges payable because credit is or is to be provided for the transaction),

but does not include—

1. (c)

   a sale by auction; or

2. (d)

   a contract or agreement for the sale, bailment, or disposition of goods to a person who trades in goods of that description; or

3. (e)

   a contract or agreement that includes a provision conferring a right or licence to occupy land; or

4. (f)

   a contract or agreement of a kind declared by regulation not to be a consumer contract for the purposes of this Act;

consumer lease means a consumer contract under which a supplier lets goods on hire to a consumer for a period exceeding four months, but which does not purport to confer on the consumer a right or option to purchase the goods subject to the lease;

goods has the same meaning as in the Consumer Credit (South Australia) Code;

Magistrates Court means the Civil (Consumer and Business) Division of the Magistrates Court;

services means any of the following services:

1. (a)

   the cleaning, ironing or repair of articles of clothing or personal ornament; and

2. (b)

   the repair or servicing of articles of household use or ornament; and

3. (c)

   the repair, reinstatement or renovation of part of a dwellinghouse; and

4. (d)

   the painting or decoration of the whole or part of a dwellinghouse; and

5. (e)

   the performance in relation to a dwellinghouse or its curtilage of work of a kind usually performed by a plumber or electrician; and

6. (f)

   the servicing, repair or painting of a motor vehicle; and

7. (g)

   any other services that may be prescribed;

supplier in relation to a consumer contract means a person carrying on a business in the course of which—

1. (a)

   the person enters into the consumer contract; or

2. (b)

   negotiations…