Australian Capital Territory Consolidated Acts

FAIR TRADING ACT 1992

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Dictionary  
   3.      Notes  
   5.      Meaning of certain terms  
   6.      Consumers  
   7.      Meaning of acquisition, supply and resupply  
   8.      Loss or damage to include injury  
   9.      Severability  
   10.     Extended application of pt 2  

   PART 2--UNFAIR PRACTICES

           Division 2.1--False and misleading conduct

   11.     Representations in relation to future matters  
   12.     Misleading or deceptive conduct  
   13.     Unconscionable conduct  
   14.     False or misleading representations  
   15.     False representations and other misleading or offensive conduct in relation to  
   16.     Misleading conduct in relation to employment  
   17.     Cash price to be stated in certain circumstances  
   18.     Offering gifts and prizes  
   19.     Misleading conduct in relation to goods  
   20.     Misleading conduct in relation to services  
   21.     Bait advertising  
   22.     Dual pricing  
   23.     Referral selling  
   24.     Accepting payment without intending or being able to supply as  
   25.     Misleading representations about certain business activities  

           Division 2.2--Pyramid selling

   25A.    Definitions—div 2.2  
   25B.    Pyramid selling schemes—participation prohibited  
   25C.    What is a pyramid selling scheme  
   25D.    Marketing schemes—are they pyramid selling schemes?  

           Division 2.3--Other conduct

   26.     Harassment and coercion  
   28.     Unsolicited credit and debit cards  
   28A.    Credit card contracts and increases in credit card limits  
   28B.    Cash card use disclosure  
   29.     Assertion of right to payment for unsolicited goods or services or for making entry in  
   30.     Liability of recipient of unsolicited goods  
   31.     Application of provisions of pt 2 to prescribed information providers  

   PART 3--CODES OF PRACTICE

   32.     Definitions for pt 3  
   33.     Preparation of draft codes of practice  
   34.     Approval of codes of practice  
   35.     Evidence of approved code  
   36.     Undertakings following contravention of approved code  
   37.     Powers of Magistrates Court  
   38.     Variation or discharge of restraining order  
   39.     Registers of undertakings  

   PART 4--ENFORCEMENT AND REMEDIES

   40.     Meaning of person involved in contravention  
   41.     Offences against pt 2  
   42.     Enforcement and recovery of certain fines  
   43.     Prosecutions  
   44.     Injunctions  
   45.     Order to disclose information or publish advertisement  
   46.     Actions for damages  
   47.     Finding in proceedings to be evidence  
   48.     Acts and omissions of representatives of individuals  
   49.     Defences  
   50.     Other orders  
   51.     Power of Magistrates Court to prohibit payment or transfer of money or other  
   51AA.   Power of Magistrates Court for pt 4  
   51A.    Enforcement of undertakings  
   51B.    Substantiation of claims  

   PART 5--MISCELLANEOUS

   52.     Intervention by Minister  
   53.     Saving of rights and remedies  
   54.     Regulation-making power  
           DICTIONARY
           ENDNOTES