Door to Door (Sales) Act of 1966 (Qld)

129 (1 uYEnefanh ANNO QUINTO DECIMO ELIZABETHAE SECUNDAE BEGIN AE No. 17 of 1966 An Act to make provision with respect to certain Credit Purchases and other Agreements, and for incidental and other purposes [ASSENTED TO 12TH DECEMBER, 1966] 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. This Act may be cited as " The Door to Door (Sales) Act of 1966." (2) Commencement. This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 2. Interpretation . (1) In this Act unless inconsistent with the context or subject-matter- Agreement to which this Act applies " means an agreement which constitutes a credit purchase agreement or a services agreement; 5

130 Door to Door ( Sales ) Act of 1966, No, 17 " Appropriate trade premises "- (a) used in relation to a credit purchase agreement, means premises at which the vendor or a dealer normally carries on business or at which goods of the kind or class to which the agreement relates are normally offered or exposed for sale in the course of a business carried on at those premises; (b) used in relation to a services agreement means the premises or place at which the vendor normally carries on business or at which services of the kind or class to which the agreement relates are normally offered, performed, provided or made available in the course of a business carried on at that place or those premises but does not include the purchaser's place of residence; " Credit purchase agreement " means any agreement for or with respect to the bailment or sale of goods not being an agreement under which the whole of the purchase price, rent or other consideration is paid by the prospective bailee or purchaser in cash or by cheque at or before the time at which the agreement is made 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; " Dealer " means a person not being the prospective bailee or purchaser or the vendor or a servant of the vendor, by whom or on whose behalf negotiations, transactions, dealings or arrangements leading to the making of a credit purchase agreement with the vendor were carried out or by whom or on whose behalf the transaction leading to the credit purchase agreement with the vendor was promoted or arranged; " Goods " means- (a) any book, engraving, lithograph, picture, or other like matter, whether illustrated or not; (b) saucepans and other kitchen ware; (c) jewellery of any kind; (d) watches of any kind; (e) household appliances and lighting fittings; (f) knitting machines and machines adapted or held out by any person as being adapted for making articles out of wire or other prescribed material; and (g) any articles or class of articles prescribed to be goods for the purposes of this Act; " Hiring agreement " means any agreement for the letting of goods which is not a hire-purchase agreement within the meaning of " The Hire.Purchase Act of 1959 " or is not a rental agreement within the meaning of section 32A of " The Stamp Acts, 1894 to 1966 ";

Door to Door ( Sales ) Act of 1966, No. 17 131 Services " means- (a) fitness services, including physical culture, physical fitness, body building and weight reducing courses or services; (b) personal beauty services, including hair-waving, facial treatment, massage and manicuring; (c) tuition, coaching or instruction in any course of study whether for educational, business, trade or other purposes whatsoever; (d) tuition, coaching or instruction in any form of art, including painting, music, drawing, sketching, verse speaking, and dancing; _ (e) tuition, coaching or instruction in any form of sporting or recreational activities; (f) television repair services; and (g) any services or class of services prescribed to be services for the purposes of this Act; Services agreement " means any agreement for or with respect to the provision, performance or making available of services 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; " The prospective bailee " used in relation to a credit purchase agreement means the person to whom goods are bailed under the agreement; " The prospective purchaser "- (a) used in relation to a credit purchase agreement means the person to whom goods are sold or agreed to be sold under the agreement; (h) used in relation to a services agreement means the person, being a party to the agreement, to for or, whom or on whose behalf the services are agreed to be made available, provided or performed; " The vendor " used in relation to an agreement to which this Act applies means- (a) the person who, at the time when the agreement is signed by the prospective bailee or purchaser is specified in the agreement as the person who is to bail or sell the goods to the prospective bailee or purchaser or, as the case may be, as the person who agrees to make available, provide or perform the services to, for or on behalf of the prospective purchaser; or (b) if no person is so specif ed at that time any person by whom, or on whose behalf, the agreement is executed at any subsequent time and who is then specified in the agreement as the person bailing or selling the goods or, as the case may be, the person agreeing to make available, provide or perform the services.

132 Door to Door ( Sales ) Act of 1966, No. 17 (2) For the purposes of this Act where an. offer to make an agreement to which this Act applies is made by any person, the agreement shall be deemed to have been made at the time and at the place at which the offer to enter into that agreement to which this Act applies, was made. 3. Agreement to which this Act applies to be in writing, &c. Where .in agreement to which this Act applies is made by the prospective bailee or purchaser (as the case may be) at a place other than appropriate trade premises, the agreement shall be unenforceable by the vendor unless- (a) the agreement or offer is in writing; (b) a copy of the agreement or offer (as the case requires) is given to the prospective bailee or purchaser at the time at which the agreement or offer is made by the prospective bailee or purchaser; and (c) a statement in the form of the Schedule to this Act duly completed by the vendor in accordance with the instructions contained in the said Schedule is given to the prospective bailee or purchaser at the time at which. the agreement or offer is made by the prospective bailee or purchaser. 4. Power to terminate agreements . (1) Where an agreement to which this Act applies is made by the prospective bailee or purchaser at a place other than appropriate trade premises, the agreement may be terminated by the prospective bailee or purchaser, as the case may require, by his giving personally or by post as hereinafter provided to the person named as vendor in the statement given to the prospective bailee or purchaser pursuant to the provisions of paragraph (c) of section three of this Act a written notice in the form set out in the Appendix in the Schedule to this Act or to the effect that the agreement is terminated. (2) Notice pursuant to the last preceding subsection may be given by delivering it personally to the address shown. in the statement given to the prospective bailee or purchaser pursuant to the provisions of paragraph (c) of section three of this Act as the address of the person named therein as vendor within seven, days of the date upon which the agreement was made or by properly addressing, prepaying and posting a letter containing the notice to that address within seven days of the date upon which the agreement was made. (3) A vendor, a dealer, or an agent of a vendor or a dealer, shall not at any time, whether before or during the period within which, pursuant to the foregoing provisions of this section, an agreement may be terminated by a prospective bailee or purchaser, solicit, or in any other manner whatsoever otherwise attempt to importune or persuade any person not to exercise his right of termination of an agreement which arises or may arise pursuant to the foregoing provisions of this section. Penalty: Two hundred dollars. (4) A vendor, a dealer, or an agent of a vendor or a dealer, shall not deliver to a prospective bailee or purchaser any goods or other property the subject matter of an agreement to which this Act applies until after the expiration of the period during which, pursuant to the foregoing provisions of this section, an agreement may be terminated. Penalty: Two hundred dollars.

Door to Door (Sales) Act of 1966, No. 17 133 (5) The prospective bailee or purchaser shall not be liable to pay compensation to the vendor for loss of or any damage done to the goods or other property the subject matter of an agreement to which this Act applies delivered to the prospective bailee or purchaser in contravention of subsection (4) of this section whilst the goods or other property are or have been in the custody of the prospective bailee or purchaser. 5. (1) As to effect of termination of agreements . Where a notice of termination is given pursuant to the provisions of section four of this Act the agreement shall be deemed to have been rescinded by mutual consent and there shall also be deemed to have been a total failure of consideration in respect of the agreement and the vendor shall forthwith repay to the prospective bailee or purchaser all moneys paid under or with respect to the agreement and, in the case of a credit purchase agreement, redeliver any goods or other property given by the prospective bailee or purchaser pursuant to the agreement. (2) Offence. Any vendor who fails to pay any moneys paid by the prospective bailee or purchaser as aforesaid or to redeliver any goods or other property given as aforesaid after a notice of termination has been given pursuant to section four of this Act shall be guilty of an offence against the Act and, (without prejudice to the right of the prospective bailee or purchaser to recover such moneys, goods or other property by action in a court of competent jurisdiction) liable to a penalty of not more than two hundred dollars. 6. Act not to be applicable to agreements initiated at the request of the prospective bailee or purchaser . (1) Nothing in this Act shall render an agreement to which this Act applies unenforceable or authorise the termination of any such agreement if it is proved that the agreement was made at a place other than appropriate trade premises as a result of an unsolicited request made by the prospective bailee or purchaser to the vendor to attend at that place to negotiate the particular transaction which resulted in the agreement. (2) A person shall not, in the course of a business carried on by him or by any other person, at any time before the making of an agreement to which this Act applies, solicit or in any other manner whatsoever otherwise attempt to obtain from any person. a request to the person carrying on the business or any one on his behalf to attend at a place other than the premises or place at which the person carrying on the business normally carries on business to negotiate a particular transaction for the purpose of making such an agreement. Penalty: Two hundred dollars. 7. Avoidance of certain provisions. (1) A provision, term, condition or covenant in an agreement to which this Act applies, or in any offer to enter into or make, or relating to the entering into or making of, such an agreement, or in any other document to which the prospective bailee or purchaser under such an agreement is a party is void if- (a) it excludes, limits, modifies, or restricts the right to terminate the agreement conferred by this Act on the prospective bailee or purchaser; (b) it provides or declares that the agreement or offer- (i) was, or is to be treated as having been; or

134 Door to Door ( Sales ) Act of 1966, No. 17 (ii) was not, or is to be treated as not having been, entered into, made, signed, or accepted at any particular place; (c) it provides that a dealer, or any person acting, or purporting to act, on behalf of the vendor in connection with or in the course of any negotiation, transaction, or dealing leading to the entering into or making of the agreement or the making of the offer is or is not, or is or is not to be treated as, or declares a dealer or any such person to be or not to be, the agent or servant of the vendor or to be acting under the authority of the vendor; (d) it provides or declares that a dealer, or any person acting, or purporting to act on behalf of the vendor in, connection with or in the course of any negotiation, transaction, or dealing leading to the entering into or making of the agreement or the making of the offer- (i) called on the prospective bailee or purchaser or carried out, effected, or took part in any such negotiation, transaction, or dealing at the request of the prospective bailee or purchaser; or (ii) is, or shall be treated as being, the agent of the prospective bailee or purchaser, or authorised by the prospective bailee or purchaser to make to the vendor any offer on behalf' of the prospective bailee or purchaser; (e) it relieves the vendor from liability for any act or default of the vendor or any other person acting in connection with or in the course of any negotiation, transaction, or dealing leading to the entering into, making, signing, or acceptance of the agreement or offer; (f') it provides or declares that the agreement or offer- (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 any particular State or Territory of the Commonwealth or of any place outside the Commonwealth; (g) it provides or declares that any warranty, privilege, right, or protection to the benefit of which the prospective bailee or purchaser would or might otherwise be entitled by virtue of the provisions, effect, or operation of any law (other than this Act) or of any rule of law is waived, abridged, abandoned, excluded, limited, modified, or restricted; (h) it provides or declares that the offer is not revocable or cannot be cancelled or withdrawn; of (1) it excludes, limits, modifies, or restricts the effect or operation of all or any of the provisions of this Act. (2) Where any agreement, offer, or document referred to in subsection (1) of this section contains a provision, term, condition, or covenant that is void under that subsection, the vendor under the agreement is guilty of an offence against this Act. Penalty: Four hundred dollars. 8. Offen ces to be tried summarily. Proceedings in respect of offences under this Act or any regulations made under this Act shall be heard and determined summarily.

Door to Door (Sales) Act of 1966, No. 17 i35 9. Regulations . The Governor in Council may make regulations not inconsistent with this Act for or with respect to any matter or thing which is required or is necessary or expedient to be prescribed for the purposes of this Act and, without limiting the generality of the foregoing, such regulations may- (a) prescribe any articles or class of articles to be goods for the purposes of this Act; (b) prescribe any services or class of services to be services for the purposes of this Act; (c) exempt from the provisions of this Act any goods or services or any goods or services, the purchase price of which is not in excess of an amount prescribed; (d) impose penalties not exceeding one hundred dollars for breach of any regulation. 10. Publication of regulations . (1) Every regulation made under this Act shall- (a) be published in the Gazette; (b) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (c) take effect on and from the date of such publication, unless a later date is specified in that or any ether such regulation for its commencement when in such event it shall take effect from that later date; and (d) be laid before the Legislative Assembly within fourteen sitting days after such publication if the Legislative Assembly is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2) If the Legislative Assembly passes a resolution, of which notice has been given at any time within fourteen sitting days after any such regulation has been laid before the Legislative Assembly, disallowing such regulation or part thereof, that regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done thereunder in the meantime or to the power to make a new regulation. SCHEDULE STATEMENT To.......................................... . . . .. ............ [Insert name and address of prospective purchaser or bailee] 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 dcscription of goods ............ ..... _............................. * by giving to the vendor written notice in the form of or services] 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 within seven days of the date upon which the agreement was made by you. * The notice may be given 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 within seven days of the date upon which the agreement was made or by properly addressing,prepaying and posting a letter containing the notice to that address within seven days of the date upon which the agreement was made.

136 Door to Door (Sales ) Act of 1966, No. 17 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 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. Dated. this day of 19 *(Signed) * To be signed by the prospective bailee or purchaser. 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,