Door to Door (Sales) Act Amendment Act 1973 (Qld)

147 AN NO VICESIMO SECUN DO E LI ZABETHAE SECU NDAE E No. 19 of 1 9 73 An Act to a m end The Door to Door (Sales) Act of 1966 in certain particulars [ ASSENTED TO 13TH APRIL, 1973] 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. (1) Short title and citation . This Act may be cited as the Door to Door (Sales) Act Amendment Act 1973. (2) The Door to Door (Sales) Act of 1966 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Door to Door (Sales) Act 1966-1973. 2. Commencement . This Act shall cone into operation on a date to be appointed by Proclamation.

148 Door to Door (Sales) Act Amendment Act 1973, No. 19 3. Amendment of s. 2. Interpretation. Section 2 of the Principal Act is amended- (a) by omitting from the definition "Agreement to which this Act applies " the word " credit "; (b) by omitting from the definition "Appropriate trade premises " the word " credit "; (c) by omitting the definition " Credit purchase agreement "; (d) by omitting from the definition " Dealer " the word " credit " wherever it occurs; (e) by inserting after the definition " Hiring agreement " the following definition:- " " Purchase agreement " means any agreement for or with respect to the bailment or sale of goods but does not include- (a) any hiring agreement; (b) any agreement under which the bailee or purchaser is a body corporate; (c) any agreement under which the prospective bailee or purchaser is a person whose trade or business is the trade or business of buying and selling goods of the same nature or description as the goods to which the agreement relates."; (f) by, in the definition " Services ", (i) omitting the word " and " where it occurs between paragraphs (f) and (g); (ii) inserting after paragraph (f) the following paragraph:-- (g) cladding of a dwelling-house and the application of any coating other than paint to the exterior of a dwelling-house; ";. (iii) re-designating paragraph (g) as paragraph. (h); (g) by omitting from the definition " Services ageement " the words " not being an agreement under which the whole of the monetary or other consideration is paid by the prospective purchaser in cash or by cheque at or before the time at which the agreement is made "; (h) by omitting from the definition " The prospective bailee " the word " credit "; (i) by omitting from the definition " The prospective purchaser " the word " credit ". 4 . Amendment of s. 3. Agreement to which this Act applies to be in writing , etc. Section 3 of the Principal Act is amended-- (a) by numbering that section as subsection (1); (b) by omitting from paragraph (b) of subsection (1) the words at the time at which the agreement or offer is made by the prospective bailee or purchaser " and inserting in their stead the words " within twenty-one days after the making of the agreement or offer "; (c) by adding at the end thereof the following subsections:- " (2) Notwithstanding the provisions of subsection (1), the agreement shall not be unenforceable by the vendor under that subsection by reason only of an error, omission, misdescription or mis-statement in any particular in the statement given to the prospective bailee or purchaser in purported compliance with the

Door to Door (Sales) Act Amendment Act 1973, No. 19 149 provisions of paragraph (c) of that subsection if a further statement in compliance with the requirements of the said paragraph (c) is given to the prospective bailee or purchaser with the copy of the agreement or offer given to such person pursuant to paragraph (b) of that subsection or at any time before the copy is so given. Where a further statement is given with the copy of the agreement or offer, the further statement shall be endorsed on or attached to that copy. (3) The copy of the agreement or offer given to the prospective bailee or purchaser pursuant to paragraph (b) of subsection (1) or the further statement given to the prospective bailee or purchaser pursuant to the provisions of subsection (2) may be given- (a) by delivering it to him personally; (b) by leaving it at his place of abode or business with some other person apparently an inmate thereof or employed thereat and apparently of or over the age of sixteen years; or (c) by posting it by pre-paid post addressed to him at his last known place of business or abode. (4) Where a copy of the agreement or offer is not given to the prospective bailee or purchaser at the time at which the, agreement or offer is made by him the copy of the agreement or offer given in compliance with the provisions of paragraph (b) of subsection (1) shall have endorsed thereon or attached thereto- (a) a copy of the further statement given in accordance with subsection (2); or (b) where no such further statement is or has been given, a copy of the statement given to the prospective bailee or purchaser in compliance with the provisions of paragraph (c) of subsection (1).". 5. Amendment of s. 4. Power to terminate agreements . Section 4 of the Principal Act is amended- (a) by, in subsection (1), (i) inserting after the words " named as vendor " the words " in the further statement given to the prospective bailee or purchaser pursuant to the provisions of subsection (2) of section 3 or, where no further statement is so given,"; (ii) omitting the words " paragraph (c) of section three of this Act " and inserting in their stead the words " paragraph (c) of subsection (1) of section 3 "; (b) by omitting subsection (2) and inserting in its stead the following subsection:- (2) Notice pursuant to subsection (1) may be given- (a) by delivering it personally to the person named as vendor in the further statement given to the prospective bailee or purchaser pursuant to the provisions of subsection (2) of section 3 or, where no further statement is so given, in the statement. given to the prospective bailee or purchaser pursuant to the provisions of paragraph (c) of subsection (1) of section 3;

150 Door to Door ( Sales ) Act Amendment Act 1973, No. 19 (b) by delivering it personally to the address shown in the further statement given to the prospective bailee or purchaser pursuant to the provisions of the said subsection ( 2) or, where no further statement is so given, in the statement given to the prospective bailee or purchaser pursuant to the provisions of paragraph (c) of subsection ( 1) of section 3 , as the address of the person named therein as vendor; or (c) by properly addressing , pre-paying and posting a letter containing the notice to the address in the further statement referred to in paragraph ( b) or, where no further statement is so given , in the statement referred to in that paragraph, at any time after the date on which the agreement or offer was made and before the expiration of the period of seven days commencing on the day next after the day on which the prospective bailee or purchaser receives the copy of the agreement or offer."; (c) by omitting from subsection ( 4) the words " A vendor " and inserting in their stead the words " Subject to this Act , a vendor "; (d) by adding at the end thereof the following subsections:- (6) Without limiting the generality of the power conferred by section 9, regulations may be made under that section declaring that subject to such terms and conditions as may be specified therein the provisions of subsection ( 4) do not apply in relation to such goods or classes of goods as may be prescribed for the purposes of this subsection and upon the making of such a regulation and for so long as the regulation remains in force the said provisions of subsection ( 4) shall not apply to the extent specified in the regulation. (7) Where the copy of the agreement or offer referred to in paragraph ( b) of subsection ( 1) of section 3 or the further statement referred to in subsection ( 2) of that section is given by posting such copy or statement in accordance with the provisions of paragraph ( c) of subsection ( 3) of that section, the copy of the agreement or offer or the further statement, as the case may be, shall unless the contrary is proved be deemed to have been received by the prospective bailee or purchaser when the letter containin the same would , in the ordinary course of post, have been deliver-;:` to such person.". 6. <<,. _4 of s. 5. As to effect of term' E.,. Section 5 of the Principal Act is amended- 5. (a) by, in subsection (1), (i) inserting after the words " the vendor " the words " or, if there is a dealer who has received and has not paid or delivered to the vendor the moneys or goods or other property hereafter in this subsection mentioned, then the dealer "; (ii) omitting the word " credit "; (b) by, in subsection (2), (i) inserting after the words "Any vendor " the words "or dealer "; and (ii) omitting the words " as aforesaid " wherever they occur and inserting in their stead in each case the words " as required by subsection (1)";

Door to Door (Sales) Act Amendment Act 1973, No. 19 151 (c) by adding at the end thereof the following subsections:- " (3) Subject to subsection (4), where pursuant to this Act subsection (4) of section 4 does not apply in relation to certain goods the subject matter of an agreement to which this Act applies and a notice of termination of the agreement is given pursuant to the provisions of section 4, the prospective bailee or purchaser shall deliver up forthwith on demand being made by the vendor, or, if there is a dealer, by the dealer, the goods delivered to him pursuant to the agreement. (4) The prospective bailee or purchaser shall not be under any obligation (whether arising by contract or otherwise) to deliver the goods except at his own premises. (5) A prospective bailee or purchaser who upon demand being made by the vendor or, as the case may be, the dealer fails to deliver up the goods delivered to him pursuant to an agreement to which this Act applies shall be guilty of an offence against this Act and, (without prejudice to the right of the vendor or dealer to recover such goods by action in a court of competent jurisdiction), liable to a penalty of not more than two hundred dollars. (6) Subject to subsection (7), the prospective bailee or purchaser shall be liable to pay compensation to the vendor or dealer for any damage done to the goods referred to in subsection (3) whilst the goods have been in the custody of the prospective bailee or purchaser other than damage arising from the normal use of the goods or loss or damage arising from circumstances beyond his control. (7) If the prospective bailee or purchaser sends the goods referred to in subsection (3) to the vendor, or if there is a dealer, to the dealer, at the address shown in the further statement given to the prospective bailee or purchaser pursuant to the provisions of subsection (2) of section 3 or, where no further statement is so given, then in the statement given to the prospective bailee or purchaser pursuant to the provisions of paragraph (c) of subsection (1) of that section, as the address of the person named. therein as vendor he shall be taken to have done so with the consent of the vendor and, if there is a dealer, of the dealer but he shall be under an obligation to take reasonable care to see that they are received by the vendor or the dealer, as the case may be, and are not damaged in transit to him but in other respects the prospective bailee's or purchaser's obligations to take care of the goods or articles shall cease on his sending the goods or articles to the vendor or dealer.". 7. Amendment of s. 6. Act not to be applicable to agreements the request of the prospective bailee or purchaser. Section 6 of the Principal Act is amended- (a) by inserting in subsection (I) after the words " to the vendor " the words " or the dealer "; (b) by adding at the end of subsection (1) the following words:- " or that, instead of attending at such a place as a result of such a request, the vendor or the dealer, as the case may be, continued the negotiations for the agreement by telephone or other similar means of instantaneous communication ".

152 Door to Door (Sales) Act Amendment Act 1973, No. 19 8. Amendment of s. 7. Avoidance of certain provisions . Section 7 of the Principal Act is amended- (a) by, in subsection (1), (i) omitting the words "A provision , term , condition or covenant in an agreement to which this Act applies , or in any offer to enter into or make " and inserting in their stead the words " A provision, term, condition or covenant in an agreement made at a place other than appropriate trade premises or in an offer to enter into or make an agreement at a place other than appropriate trade premises , being in either case an agreement to which this Act applies and not being in either case an agreement in respect of which either of the matters referred to in subsection ( 1) of section 6 is proved,"; (ii) omitting paragraphs ( c) and ( e) and inserting after paragraph (d) the following paragraph:- (e) the vendor is relieved from liability for the acts or defaults of any person acting in connection with or in the course of the negotiations leading to the entering into the agreement; ",- (iii) adding at the end of paragraph (f) the words "but, notwithstanding the provisions thereof, nothing in this paragraph (f) shall be taken to render void any statement or provision in an agreement or offer to which subsection (1) applies, that, or to the effect that, the agreement or offer is subject to or governed by the laws of the State of Queensland "; (iv) adding at the end of paragraph ( g) the words "but where the goods are secondhand goods and the vendor proves that the prospective bailee or purchaser has acknowledged in writing that the provision, term, condition or covenant was brought to his notice, nothing in this paragraph ( g) prohibits the inclusion of a provision , term, condition or covenant expressly negativing conditions and warranties as to quality, fitness and suitability with respect to such goods "; (b) by adding at the end thereof the following subsection:- " (3) _ ' .. Save as is otherwise provided in subsection (1) of section 3 or in subsection ( 1) of this section , this Act applies so as not to render illegal ' or void or unenforceable the agreement or offer.". 9. New s. 7A. The Principal Act is amended by inserting after section 7 the following section:- " 7,a. Vendor or person acting for vendor to carry -..on card , (1) A vendor or a person acting on behalf of a ven for who is making any approach or is carrying on any negotiations, at a place other than appropriate trade premises, that may lead to an agreement to which this Act applies or to an offer to enter into or make an agreement to which this Act applies- (a) shall carry on his person an identification card showing his name in full, his business address and the name of the firm or company (if any) that he is representing; (b) shall produce the identification card required by this section to be carried by him to the potential prospective bailee or purchaser upon his first approach to that person;

Door to Door (Sales) Act Amendment Act 1973, No. 19 153 (c) shall produce the identification card required by this section to be carried by him to the potential prospective bailee or purchaser at any time after his first approach to that person when he is requested by that person so to'do. (2) A person who fails to comply with any provision of subsection (1) is guilty of an offence against this Act. Penalty: One hundred dollars.". 10. Amendment of s. 9. Regulations. Section 9 of the Principal Act is amended by omitting from paragraph (c) the words " an amount prescribed " and inserting in their stead the words " or less than an amount prescribed, subject to such terms and conditions as may be prescribed ". 11. Repeal of and new Schedule . The Principal Act is amended by repealing the Schedule and inserting in its stead the following Schedule:- "SCHEDULE ss. 3 and 4] STATEMENT To (Insert name and address of prospective bailee or purchaser) Take notice that you are entitled to terminate the agreement made by you on the day of 19 , to purchase (or hire or be provided with) (Insert concise description of goods or services) by giving to the vendor written notice in the form of the Appendix to this Statement or to the effect that the agreement is terminated addressed to the address of the vendor shown in the said Appendix at any time after the date on which the agreement or offer was made and before the expiration of the period of seven days commencing on the day next after the day on which you receive the copy of the agreement or offer. f (This further statement is in substitution for the statement previously given to you) Notice may be given- (a) by delivering it personally, to the person named as vendor in the notice set out in the Appendix to this Statement; or (b) by delivering it personally to the address shown as the address of the person named as vendor in the notice set out in the Appendix to this Statement; or {c) by properly addressing, prepaying and posting a letter containing the notice to that address, within the time specified in this Statement for the giving thereof. .^ Insert these words in any further statement given pursuant to subsection (2) of section 3,

154 Door to Door (Sales) Act Amendment Act 1973, No. 19 APPENDIX NOTICE To (Insert name and address of vendor) Take notice that I hereby terminate the agreement made by me to purchase (or hire or be provided with) the abovementioned goods (or services) and require the repayment of all moneys paid by me under or with respect to such agreement and the redelivery of all goods or other property given by me pursuant to such agreement forthwith. Dated this day of 19 *(Signed) * To be signed by the prospective bailee or purchaser. Nom.-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."