Fair Trading (Amendment) Act 2003
Act No. 30/2003
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purposes 1 2. Commencement 3
PART 2—AMENDMENTS TO THE FAIR TRADING ACT 1999 4
3. Purposes 4 4. Definitions 4 5. New section 6 substituted 6
6. Extra-territorial application of this Act 6
6. Amendment to penalty provisions in Part 2 6 7. Referral selling 6 8. Pyramid selling 7 9. Right to payment for unauthorised entry or advertisement 7 10. Address to be included in documents 8 11. Insertion of new Part 2A 10 PART 2A—IMPLIED CONDITIONS AND WARRANTIES IN CERTAIN CONTRACTS OF SUPPLY 10 Division 1—Interpretation 10
32A. Definitions 10 32B. What are conditions and warranties? 11 32BA. What are antecedent negotiations? 11 32C. When is a person "aware" of a fact, matter or circumstance? 12
Division 2—Application of Part 12
32CA. Application of Part 12 32D. This Part applies to certain kinds of contracts 13 32DA. This Part does not apply to certain kinds of contracts 13 32E. How is "cash price" determined for contracts generally? 14 32EA. How is "cash price" determined for leases of goods? 16 32EB. Presumption that this Part applies to supply 16 32F. Application of Part to mixed contracts 17 32FA. Application of Goods Act 1958 to contracts of supply 17
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Section Page
Division 3—Supply of Goods or Services 18
32G. Terms implied in contracts as to right to supply 18 32GA. Transfer of limited interest in goods 19 32GB. Terms implied in leases as to right to hire 20 32H. Supply of goods by description 21 32HA. Supply of goods by sample 21 32I. Merchantable quality of goods supplied 22 32IA. Fitness of goods for purpose 23 32J. Implied conditions in supply of services 23 32JA. Fitness of services for purpose 24 32K. Supply of services by demonstration 25 32KA. Terms implied in contracts of supply of both services and goods 26 32L. Contract cannot exclude this Part 27 32LA. Contract cannot exclude liability for damages 27 32M. Penalties for including void provisions 28
32MA. Limitation of liability generally 29 32N. Limitation of liability in relation to supply of
recreational services 31 32NA.
Exemption from waiver form requirement 34 32NB. Supplier to have reasonable opportunity to make good
title 36 32O.
Acceptance of goods 36 32OA.
Rescission for innocent misrepresentation 38 32P.
Discharge or rescission of contract of supply of goods 39 32PA.
When does a discharge or rescission have effect? 40 32Q. Liability of supplier and person conducting antecedent
negotiations 41 32QA.
Indemnity for supplier or dealer 43 32R.
Certain contracts or provisions void 43 32RA. Penalty for including void provision relating to
antecedent negotiations 44 Division 4—General 44 32S. Implied terms do not negative express terms unless
inconsistent 44 32SA.
Limit of liability of guarantors 44 32T.
Limit of liability under security 47 32TA.
Contract of supply not illegal etc. 48
12. Insertion of new Part 2B 48 PART 2B—UNFAIR TERMS IN CONSUMER CONTRACTS 48
32U. Definitions 48 32V. Application of…