Trade Descriptions and False Advertisements Act Amendment Act 1973 (WA)
WESTERN AUSTRALIA.
TRADE DESCRIPTIONS AND
FALSE ADVERTISMENTS.
No. 43 of 1973.
AN ACT to amend the Trade Descriptions and False
Advertisements Act, 1936-1969.
[Assented to 18th October, 1973.]
BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-
1. (1) This Act may be cited as the Trade tttiltigttlieon.
Descriptions and False Advertisements Act Amend-
ment Act, 1973.
| (2) | In this Act the Trade Descriptions and False ogrrithi: |
Advertisements Act, 1936-1969 is referred to as the Reprinted
| principal Act. | further | |
|
(3) The principal Act as amended by this Act VAG&
may be cited as the Trade Descriptions and False
Advertisements Act, 1936-1973.
| No. 43.] Trade Descriptions and False | [1973. |
Advertisements.
| Commence- | 2. | This Act shall come into operation on a date |
| ment. |
to be fixed by proclamation.
| Long title | 3. | The long title to the principal Act is amended |
| amended. |
by deleting the words "in relation to Property for
sale".
| Section lA | 4. | Section 1A of the principal Act is amended by |
| amended. |
deleting the passage "SCHEDULE—GOODS TO
WHICH ACT APPLIES.".
Section 2
| amended. | 5. | Section 2 of the principal Act is amended |
| (a) | by deleting the definition "Chief Inspector" and substituting the following definition |
"Chief Inspector" has the same meaning as is given to that term in the Factories and Shops Act, 1963. ;
| (b) | by deleting the definition "Goods" and substituting the following definition |
"Goods" includes anything that is the subject of trade, manufacture or merchandise. ;
| (c) | by deleting the definition "Inspector" and substituting the following definition |
"Inspector" means
| (a) | an inspector within the meaning of the Factories and Shops Act, 1963; and |
| (b) | a Health Surveyor within the meaning of the Health Act, 1911. ; |
| 1973.] | Trade Descriptions and False [No. 43. |
Advertisements.
| (d) | by adding after the definition "Retailer" the following definition |
"Services" includes, without limiting the generality of the expression, the rights or benefits that are to be provided under an agreement for
| (a) | the performance of work (otherwise than under con- tract) whether with or without the supply of goods; |
| (b) | the provision of, or the use or engagement of, facilities for amusement, entertainment, recreation or instruction; or |
| (c) | the conferring of rights or privileges for which remuner- ation is payable in the form of a royalty, tribute, levy or similar exaction. ; and |
| (e) | by deleting the definition "To sell" and substituting the following definition |
"To sell" includes to exhibit, expose or have in possession for sale or for any purpose of advertisement, manufac- ture or trade, and inflections and derivatives of the verb "to sell" have correlative meanings. .
Section 4
| 6. | Section 4 of the principal Act is repealed. | repealed. |
| Section 4F | ||
| 7. | Section 4F of the principal Act is repealed. | repealed. |
| Section 5 |
8. Section 5 of the principal Act is amended— amended.
| (a) | by deleting the passage commencing with the word "sell" in line one of subsection (1), and ending with the passage "Act," in line two of paragraph (b), and substituting the passage "sell any goods that are declared, by the regulations, to be goods to which this section applies"; |
| No. 43.] Trade Descriptions and False | [1973. |
Advertisements.
| (b) | by deleting paragraph (i) of the proviso to subsection (1); |
| (c) | by substituting for the word "Act" in line two of paragraph (ii) of the proviso to subsection (1), the word "section"; |
| (d) | by substituting for the passage "for the purpose of paragraph (b) of this subsection" in lines one and two of paragraph (iii) of the proviso to subsection (1), the passage "declaring any goods to be goods to which this section applies,"; |
| (e) | by deleting paragraph (v) of the proviso to subsection (1); and |
(1) by repealing subsection (3).
Section 8
| amended. | 9. Section 8 of the principal Act is amended |
| (a) | by repealing subsection (1) and substi- tuting the following subsections |
(1) (a) A person shall not publish or cause to be published any statement which is intended or is apparently intended to promote the sale, disposal or letting of any land or goods or to induce any other person to make use on payment of a fee or other consideration of any services and which-
(i) is to his knowledge false or misleading in a material particular; or
is to his knowledge likely to deceive or mislead any person in a material way.
(b) For the purposes of this subsection but without limiting the generality of paragraph (a) thereof, a statement is misleading if-
(i) the statement specifies an amount payable as portion of the consideration for goods, services or land offered for sale in the statement; and
| 1973.] | Trade Descriptions and False [No. 43. |
Advertisements.
(ii) the statement does not contain the total consideration for which the goods, services or land may be obtained for cash.
(la) A person shall not publish or cause to be published any statement, or do or cause to be done any act in relation to goods or services produced, manufactured, prepared or supplied by him which may reasonably be construed to indicate that the goods or services are produced, manufactured, prepared or supplied by any other person.
(lb) A person shall not, in the conduct of his trade or business, do or cause to be done any act in relation to goods produced, manufactured, prepared or sold by him that is likely to mislead any other person as to the purpose for which the goods are suitable. ;
| (b) | by repealing paragraph (e) of subsection (2) and substituting the following para- graph |
| (e) | publicly announced by means of transmission of light or sound; ; |
| (c) | by repealing subsection (3) and substi- tuting the following subsection |
(3) If in a proceeding against any person for publishing or causing to be published a statement in contravention of this section it is proved that the statement was in contravention of this section when published that person shall be deemed to have had knowledge that the statement contravened this section unless he proves
| (a) | that he took all reasonable precautions against committing the contravention; and |
| No. 43.] Trade Descriptions and False | [1973. |
Advertisements.
| (b) | that at the time of publishing the statement he had reasonable grounds to believe and did believe that the statement did not contravene this section when it was published and that he had no reason to suspect otherwise. ; |
(d) as to subsection (4)-
(i) by deleting the words "broadcasting company" in line four, and substi- tuting the words "licensee of a commercial broadcasting station or a commercial television station" ;
(ii) by deleting the passage "advertise- ment, dodger, or catalogue" in lines six and seven, and substituting the word "statement" ;
(iii) by deleting the words "of the falsity of" in line three of subparagraph (i) of paragraph (a), and substituting the words "of the contravention in" ;
(iv) by deleting the passage "advertise- ment, dodger, or catalogue" in lines one and two of paragraph (b), and substituting the word "statement" ;
(v) by deleting the words "of the falsity of" in lines two and three of subparagraph (i) of paragraph (b), and substituting the words "of the contravention in" ;
(vi) by deleting subparagraph (ii) of paragraph (b) and substituting the following subparagraph
(ii) such printer has not immedi- ately withdrawn the statement from all publications in his possession or in the case of any publications in which state- ments are purely incidental,
| 1973.] | Trade Descriptions and False [No. 43. |
Advertisements.
such printer has not amended the statement to the satis- faction of an inspector so that the statement no longer contravenes this section; ;
(vii) by deleting paragraph (c) of subsection (4) and substituting the following paragraph
in the case of a
| (c) | commercial broad- casting station or a commercial television station- |
(i) the licensee of the station has been warned in writing by the Minister or the Chief Inspec- tor of the contra- vention in the statement or any other statement substantially the same as the state- ment published by the station and that the publica- tion thereof is an offence under this section; and
(ii) that licensee has not immediately withdrawn a n y such statements in contravention of this section from publication thereafter b y that station. ; and
| No. 43.] Trade Descriptions and False | [1973. |
Advertisements.
(e) by adding after subsection (5) a subsection
as follows
(6) A person convicted of an offence against this section is liable to the following penalties
| (a) | for a first offence to a fine of not more than two hundred dollars or to imprisonment for six months or to both; |
| (b) | for a second offence to a fine of not less than two hundred dollars or more than five hundred dollars or imprisonment for twelve months or to both; |
| (c) | for a third or subsequent offence to a fine of not less than five hundred dollars or more than one thousand dollars or imprisonment for twelve months or to both. . |
Section 9
| amended. | 10. Section 9 of the principal Act is amended |
(a) by repealing subsection (1); and
| (b) | by deleting the words "relating to trade descriptions and false advertisements" in lines two and three of subsection (2). |
Schedule
| repealed. | 11. The Schedule to the principal Act is repealed. |
0
0
0