Australian Capital Territory Consolidated Acts

DOOR-TO-DOOR TRADING ACT 1991 - SECT 4

    (1)     Subject to this section, this Act applies to a contract for the supply of goods or services to a consumer (whether or not the law of the ACT is the proper law of the contract) if—

        (a)     negotiations leading to the making of the contract (whether or not they are the only negotiations that precede the making of the contract) take place between the consumer and a dealer—

              (i)     in each other's presence in the ACT at a place other than trade premises of the supplier; or

              (ii)     in a telephone call made, or received, by the consumer in the ACT; and

        (b)     the dealer attends at the place or takes part in the telephone call—

              (i)     in the course of door-to-door trading; and

              (ii)     otherwise than at the unsolicited invitation of the consumer.

    (2)     Subject to subsection (3), for subsection (1) (b) in determining whether an invitation is solicited or unsolicited, any solicitation by way of—

        (a)     printed or written material delivered but not addressed personally to the consumer; or

        (b)     advertisement addressed to the public or a substantial section of the public;

shall be disregarded, but if an invitation arises from a communication initiated by the supplier or dealer, or a person acting on behalf of the supplier or dealer, the invitation shall not be regarded as unsolicited.

    (3)     If an invitation referred to in subsection (1) (b) arises from a communication initiated by the supplier or dealer, or a person acting on behalf of the supplier or dealer, the invitation shall not be regarded as unsolicited.

    (4)     This Act does not apply to—

        (a)     a contract made by a consumer in the course of, or in connection with, a business carried on by the consumer; or

        (b)     a contract, or part of a contract, exempted (with or without conditions) from the operation of this Act by regulation.

Note 1     A reference to an Act includes a reference to a provision of an Act (see Legislation Act, s 7 (3)).

Note 2     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Note 3     Power to make a statutory instrument includes power to make different provision for different categories (see Legislation Act, s 48).

    (5)     In proceedings in which it is alleged that a contract for the supply of goods or services is a contract to which this Act applies, the contract shall be presumed to be such a contract in the absence of proof to the contrary.