Australian Capital Territory Numbered Acts

FAIR TRADING ACT 1992 (NO 72 OF 1992)

TABLE OF PROVISIONS

           Long Title

   PART I--PRELIMINARY SHORT TITLE

   1.      This Act may be cited as the Fair Trading Act 1992.  
   3.      The Pyramid Selling Act 1973 and the Pyramid Selling Act 1974 are repealed.  
   4.      This Act binds the Crown.  
   8.      In this Act—  
   9.      If the making of a contract after the commencement of this section contravenes this Act by reason of the inclusion of a particular provision in the contract, then, subject to any order made under section 50 or 51, nothing in this Act affects the validity or enforceability of the contract otherwise than in relation to that provision in so far as that provision is severable.  

   PART II--UNFAIR PRACTICES INTERPRETATION

   14.     A person shall not, in trade or commerce, in connection with the supply or possible supply of goods or services or in connection with the promotion by any means of the supply or use of goods or services—  
   16.     A person shall not, in relation to employment that is to be, or may be, offered by the person or by another person, engage in conduct that is liable to mislead persons seeking the employment as to the availability, nature, terms or conditions of, or any other matter relating to, the employment.  
   17.     A person shall not, in trade or commerce, in connection with the supply or possible supply of goods or services or in connection with the promotion by any means of the supply or use of goods or services, make a representation with respect to an amount that, if paid, would constitute a part of the consideration for the supply of the goods or services unless the person also specifies the cash price for the goods or services.  
   18.     A person shall not, in trade or commerce, in connection with the supply or possible supply of goods or services or in connection with the promotion by any means of the supply or use of goods or services, offer gifts, prizes or other free items with the intention of not providing them, or of not providing them as offered.  
   19.     A person shall not, in trade or commerce, engage in conduct that is liable to mislead the public as to the nature, the manufacturing process, the characteristics, the suitability for their purpose or the quantity of any goods.  
   20.     A person shall not, in trade or commerce, engage in conduct that is liable to mislead the public as to the nature, the characteristics, the suitability for their purpose or the quantity of any services.  
   24.     A person shall not, in trade or commerce, accept payment or other consideration for goods or services where, at the time of the acceptance—  

   PART III--CODES OF PRACTICE INTERPRETATION

   32.     In this Part, unless the contrary intention appears—  
   34.     The regulations may prescribe a code of practice that—  
   38.     The Court may, on the application of the Director, vary or discharge an order made under section 37.  

   PART IV--ENFORCEMENT AND REMEDIES INTERPRETATION

   40.     A reference in this Part to a person involved in a contravention of a provision of Part II shall be read as a reference to a person who—  
   43.     Proceedings for an offence against Part II of this Act may be taken and prosecuted only with the written consent of the Director.  
   45.     Without limiting the generality of section 44, where, on the application of the Minister or the Director, the Court is satisfied that a person has engaged in conduct constituting a contravention of a provision of Part II other than section 13, the Court may make either or both of the following orders:  
   47.     In proceedings against a person under section 46 or in an application under subsection 50 (2) for an order against a person, a finding of any fact by a court made in proceedings under section 44 or 45 or for an offence against section 41, in which that person has been found to have contravened, or to have been involved in a contravention of, a provision of Part II is evidence of that fact and the finding may be proved by production of a document under the seal of the court from which the finding appears.  

   PART V--MISCELLANEOUS INTERVENTION BY MINISTER

   53.     Except to the extent that this Act otherwise expressly provides, this Act does not limit, restrict or otherwise affect any right or remedy a person would have had if this Act had not been enacted.  
   54.     The Executive may make regulations not inconsistent with this Act, prescribing matters—