Commonwealth Numbered Acts

TRADE PRACTICES REVISION ACT 1986 No. 17 of 1986 - SECT 39

39. Section 74A of the Principal Act is amended-
(a) by omitting from sub-section (1) the definition of "express warranty" and
substituting the following definition:

" 'express warranty', in relation to goods, means an undertaking, assertion or
representation in relation to-

   (a)  the quality, performance or characteristics of the goods;

   (b)  the provision of services that are or may at any time be required in
        respect of the goods;

   (c)  the supply of parts that are or may at any time be required for the
        goods; or

   (d)  the future availability of identical goods, or of goods constituting
        or forming part of a set of which the goods in relation to which the
        undertaking, assertion or representation is given or made form part,
given or made in connection with the supply of the goods or in connection with
the promotion by any means of the supply or use of the goods, the natural
tendency of which is to induce persons to acquire the goods;"; and

   (b)  by inserting after paragraph (2) (a) the following paragraph:

"(aa) a reference to a person who acquires goods from a consumer does not
include a reference to a person who acquires goods for the purpose of
re-supply;".