Door to Door Trading Amendment Act 1990 (WA)

WESTERN AUSTRALIA

DOOR TO DOOR TRADING

AMENDMENT ACT

No. 45 of 1990

AN ACT to amend the Door to Door Trading Act 1987.

[Assented to 22 November 19903

The Parliament of Western Australia enacts as follows:

Short title

1. This Act may be cited as the Door to Door Trading Amendment

Act 1990.

No. 45] Door to Door Trading Amendment Act [1990

Section 13 amended

2. Section 13 of the Door to Door Trading Act 1987* is amended–

(a) in subsection (1)–

(i)     by deleting "or" after paragraph (a); and

(ii)  by deleting paragraph (b) and substituting the following paragraphs

CC

(b) if

(i) a dealer

(A) engages in conduct prohibited by section 9 or by section 12; or

(B) fails to comply with a requirement of section 10 or of section 11; or

(ii)

a supplier engages in conduct

prohibited by section 12,

in the course of, or in relation to, the negotiations leading to the formation of the contract; or

(c) if

(i)

the contract is a prescribed

contract; and

(ii)   a supplier or dealer accepts any money or other consideration from a consumer under that prescribed contract, or a related contract or instrument, before the expiration of the cooling-off period. "; and

(b) in subsection (2)–

(i) by deleting "or" after paragraph (a); and

1990] Door to Door Trading Amendment Act [No. 45

(ii) by deleting the full stop after paragraph (b) and substituting the following-

; or

(c) if a supplier supplies services, other than services of a kind excluded by the regulations from the application of section 8 (2), under the prescribed contract before the expiration of the cooling-off period, within 6 months of the date of the contract. ".

[*Act No. 7 of 1987 as amended by Act No. 94 of 1987.]