Commonwealth Numbered Acts

TRADE PRACTICES AMENDMENT ACT 1977 No. 81 of 1977 - SECT 34

34. Section 56 of the Principal Act is amended by adding at the end thereof
the following sub-sections:-

''(2) A corporation that has, in trade or commerce, advertised goods or
services for supply at a special price shall offer such goods or services for
supply at that price for a period that is, and in quantities that are,
reasonable having regard to the nature of the market in which the corporation
carries on business and the nature of the advertisement.

''(3) In a prosecution of a corporation under Part VI in relation to a failure
to offer goods or services to a person (in this sub-section referred to as the
'customer') in accordance with sub-section (2), it is a defence if the
corporation establishes that-

   (a)  it offered to supply, or to procure another person to supply, goods or
        services of the kind advertised to the customer within a reasonable
        time, in a reasonable quantity and at the advertised price; or

   (b)  it offered to supply immediately, or to procure another person to
        supply within a reasonable time, equivalent goods or services to the
        customer in a reasonable quantity and at the price at which the
        first-mentioned goods or services were advertised, and, in either
        case, where the offer was accepted by the customer, the corporation
        has so supplied, or procured another person to supply, goods or
        services.''.