FAIR TRADING ACT 1992 (NO. 72 OF 1992)

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.  
   2.      Commencement  
   3.      Repeal  
   4.      Position of Crown  
   5.      Interpretation  
   6.      Consumers  
   7.      Acquisition, supply and re-supply  
   8.      Loss or damage to include injury  
   9.      Severability  
   10.     Extended application of Part II  

   PART II--UNFAIR PRACTICES INTERPRETATION

   11.     (1) For the purposes of this Part, where a person makes a representation with respect to any future matter (including the doing of, or the refusing to do, any act) and the person does not have reasonable grounds for making the representation, the representation shall be taken to be misleading.  
   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 land  
   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 ordered  
   25.     Misleading representations about certain business activities  
   26.     Harassment and coercion  
   27.     Pyramid selling  
   28.     Unsolicited credit and debit cards  
   29.     Assertion of right to payment for unsolicited goods or services or for making entry in directory  
   30.     Liability of recipient of unsolicited goods  
   31.     Application of provisions of Part to prescribed information providers  

   PART III--CODES OF PRACTICE INTERPRETATION

   32.     In this Part, unless the contrary intention appears—  
   33.     Preparation of draft codes of practice  
   34.     Regulations—codes of practice  
   35.     Codes of practice—amendment  
   36.     Undertakings following contravention of code  
   37.     Powers of the Court  
   38.     Variation or discharge of restraining order  
   39.     Registers of undertakings  

   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—  
   41.     Offences against Part II  
   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.     Conduct by directors, servants or agents  
   49.     Defences  
   50.     Other orders  
   51.     Power of Court to prohibit payment or transfer of moneys or other property  

   PART V--MISCELLANEOUS INTERVENTION BY MINISTER

   52.     (1) The Minister may, at any stage of proceedings brought before a court under—  
   53.     Saving of rights and remedies  
   54.     Regulations