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This is a Bill, not an Act. For current law, see the Acts databases.
CONSUMER AFFAIRS AND FAIR TRADING AMENDMENT BILL 2006
Serial 58
Consumer Affairs and Fair
Trading Amendment Bill 2006
Dr
Toyne
AN ACT
to
amend the Consumer Affairs and Fair Trading Act
NORTHERN TERRITORY OF
AUSTRALIA
consumer affiars and fair trading AMENDMENT
ACT 2006
____________________
Act No. [ ] of 2006
____________________
TABLE OF PROVISIONS
Section
NORTHERN TERRITORY
OF AUSTRALIA
____________________
Act No. [ ] of 2006
____________________
AN ACT
[Assented to [ ]
2006]
[Second reading [ ]
2006]
The Legislative Assembly of the Northern Territory enacts
as follows:
Short title
This Act may be cited as the Consumer Affairs and Fair
Trading Amendment Act 2006.
Commencement
This Act commences on the date fixed by the Administrator
by Gazette notice.
Act amended
This Act amends the Consumer Affairs and Fair
Trading Act.
New section 8A
After section 8
insert
8A. Public
warning statements
(1) The Minister or Commissioner may issue a public
statement giving information (including warnings) about any of the
following:
(a) goods the Minister or Commissioner reasonably considers
are unsatisfactory or dangerous and people who supply the goods;
(b) services the Minister or Commissioner reasonably
considers are supplied in an unsatisfactory way and people who supply the
services;
(c) commercial practices the Minister or Commissioner
reasonably considers are unfair and people who engage in the
practices;
(d) anything else the Minister or Commissioner reasonably
considers adversely affects or may adversely affect the interests of people in
the acquisition by them of goods or services from suppliers.
(2) The statement may identify particular goods, services,
business practices, people or anything else to which the statement
relates.
(3) The Minister or Commissioner may issue a statement
under this section only if satisfied it is in the public interest to do
so.
Amendment of section 96 (Power of Court to prohibit payment
or transfer of money or other property)
Section 96(5)
omit, substitute
(5) A person must not contravene an order under this
section.
Maximum penalty: 500 penalty units.
Amendment of Part 7 heading
Part 7, heading, after "TRADING"
insert
AND TELEMARKETING
Amendment of section 97 (Interpretation of Part
7)
(1) Section 97(1)
omit
Part, unless the contrary intention appears –
substitute
Part:
(2) Section 97(1), definitions of "cooling-off period" and
"dealer"
omit
(3) Section 97(1)
insert (in alphabetical order)
"cooling-off period", see section 101A;
"dealer", see section 97A;
"telemarketing" means the trading practice under
which:
(a) a person makes telephone calls seeking out persons who
may be prepared to enter as consumers into contracts for the supply of goods or
services; and
(b) that person or some other person then or subsequently
enters into negotiations with those prospective consumers, either in person or
over the telephone, with a view to forming such contracts.
(4) Section 97(1), definition of "door-to-door trading",
paragraph (a)
omit, substitute
(a) a person goes from place to place seeking out persons
who may be prepared to enter as consumers into contracts for the supply of goods
or services; and
New section 97A
After section 97
insert
(1) A dealer is a person who, in the course of door-to-door
trading or telemarketing:
(a) enters into negotiations with another person with a view
to forming a contract for the supply of goods or services to the other person;
or
(b) calls on or telephones another person for the purpose of
entering into such negotiations.
(2) A person may be a dealer whether or not that person is
the supplier of the goods or services mentioned in subsection
(1)(a).
Amendment of section 98 (Contracts to which Part 7
applies)
(1) Section 98(1)(a)
omit, substitute
(a) negotiations leading to the formation of the contract
(whether or not they are the only negotiations that precede the formation of the
contract) take place between the consumer and the dealer:
(i) in each other's presence in the Territory at a place
other than the trade premises of the supplier of the goods or services; or
(ii) over the telephone;
(2) Section 98(1)(b)
omit
attends at that place –
substitute
calls on or telephones the consumer:
(3) Section 98(1)(b)(i), after "trading"
insert
or telemarketing
(4) Section 98(4), after "(a)"
insert
(i)
Amendment of section 100 (Certain Part 7 contracts to be
prescribed contracts)
(1) Section 100(1)(a)
omit
making
substitute
forming
(2) Section 100(1)(b)
omit, substitute
(b) is ascertainable at the time of forming the contract and
exceeds the amount prescribed by regulation.
Amendment of section 101 (Requirements in relation to
prescribed contracts)
(1) Section 101(1), after "prescribed contract"
insert
formed in the presence of both the consumer and the
dealer
(2) Section 101(1)(a)(i)
omit
manner
insert
way
(3) After section 101(1)
insert
(1A) The following requirements must be complied with for a
prescribed contract formed over the telephone:
(a) before the contract is formed, the consumer must be
fully informed of all contractual terms including:
(i) the total consideration to be paid or provided by the
consumer or, if the total consideration is not known at the time the contract is
formed, the way in which it is to be calculated; and
(ii) detailed particulars of work of a prescribed nature to
be carried out under the contract (including particulars required by
regulation); and
(iii) the consumer's right to rescind the contract during
the cooling-off period and the way in which that right may be
exercised;
(b) within 5 days after the contract is formed, the consumer
must be given the following documents:
(i) a written document containing the information in
paragraph (a) and, if the dealer is not the supplier for the contract, the
full name and address of the dealer;
(ii) a notice in the prescribed form explaining the right of
the consumer to rescind the contract;
(iii) a notice in the prescribed form that may be used by
the consumer to rescind the contract;
(c) the notices mentioned in paragraph (b)(ii) and (iii)
must:
(i) be printed or typewritten (apart from any insertion,
which may be handwritten); and
(ii) set out the full name and address of the supplier for
the contract and identify that person as the supplier; and
(iii) be separate from any other document;
(d) the documents mentioned in paragraph (b) must be readily
legible and conform with the requirements of the regulations;
(e) with the consent of the consumer, the documents
mentioned in paragraph (b) may be sent to the consumer by
email.
(4) Section 101(2) and (3)
omit
subsection (1)
substitute
subsection (1) or (1A)
New section 101A
insert
(1) The cooling-off period, for a prescribed contract
formed in the presence of both the consumer and the dealer, is the period of 10
days starting on the day the contract is formed.
(2) The cooling-off period, for a prescribed contract
formed over the telephone, is the period of 10 days starting on the day the
consumer receives the documents mentioned in section
101(1A)(b).
Amendment of Part 7, Division 3 heading
Part 7, Division 3 heading, after
"Trading"
insert
and Telemarketing
Amendment of section 103 (Dealers not to call during certain
hours)
Section 103, after "call on"
insert
or telephone
Amendment of section 104 (Dealers to indicate their purpose
for making calls)
(1) Section 104, after "calls on"
insert
or telephones
(2) Section 104(b), before "produce"
insert
if the dealer and that person are in each other's
presence,
New section 105A
After section 105
insert
105A. Dealers
to cease negotiations when requested
A dealer who telephones a person for the purpose of
negotiating a contract to which this Part applies or for an incidental or
related purpose must:
(a) cease those negotiations immediately on the request of
the person; and
(b) not contact the person for such a purpose for 30 days
afterwards.
Maximum penalty: 100 penalty units.
Amendment of section 107 (Right of consumer to rescind in
certain circumstances)
Section 107(1)(b), after "105"
insert
, 105A
Amendment of section 125 (Definitions for purposes of Part
10)
(1) Section 125(1), definition of "motor vehicle", after
"oil"
insert
, hydrocarbon
(2) Section 125(1), definition of "motor vehicle", paragraph
(b)
omit, substitute
(b) a vehicle included in a class or description of vehicles
declared by regulation not to be motor vehicles for this Part;
Amendment of section 169 (Exclusions from duty to
repair)
(1) Section 169(3)(a) and (b)
omit, substitute
(a) a commercial vehicle (other than one that, at the time
of its sale, is a commercial vehicle or is of a class or description of
commercial vehicles to which section 168 applies because of the Regulations);
and
(b) a vehicle that, at the time of its sale, is a vehicle or
is of a class or description of vehicles to which section 168 does not apply
because of the Regulations; and
(2) Section 169(3)(c), at the end
insert
and
Further amendments
The Schedule has effect.
____________________________
Section
|
Provision
|
Amendment
|
|
omit
|
substitute
|
|
Sections 8(4), 23(1), 122(4), 328(1) and
335(1)
|
the whole penalty provision
|
Maximum penalty: 400 penalty units or imprisonment for
2 years.
|
|
Sections 23(2), 29(7), 36, 102, 103, 104, 105, 150(3),
153(1), 158(1), 161, 163(1), 164, 166(1), 167, 172, 178, 201, 211, 212(1), 275,
276, 277(1), 279, 280(1), 281(1), 282(1), 283, 289, 290, 292, 293, 294, 296(2),
297(1), 298, 299, 300, 301(1), 302, 311(4), 315 and 316
|
the whole penalty provision
(all
references)
|
Maximum penalty: 100 penalty units.
|
|
Sections 23(4), 58(1), (2) and (3), 109(7), 141(6), 159(3),
198(6), 218(1) and (4), 257, 278, 284, 312(3), 313(4), 317(4), 318(2) and
327(3)
|
the whole penalty provision
|
Maximum penalty: 100 penalty units or imprisonment for
6 months.
|
|
Sections 88(1), 128, 129(1), 130, 144(4), 176(1), 177(3),
188(1), 188A(1), 194(2), 195(6), 203(4), 205(3) and (5), 213, 214(1), 227(3),
240(2), 242(7), 247, 248 and 249(2)
|
the whole penalty provision
|
Maximum penalty: 500 penalty units.
|
|
Sections 99(2), 101(2), 106, 112, 116, 117, 118, 119, 121
and 157(1)
|
the whole penalty provision
(all
references)
|
Maximum penalty: 200 penalty units.
|
|
Section 124A
|
the whole penalty provision
(all
references)
|
Maximum penalty: 500 penalty units or imprisonment for
2 years.
|
|
Sections 157(3), 174(1), 175, 209, 210, 267(4), 274, 280(3),
282(2), 285(2), 286(2) and 291(2)
|
the whole penalty provision
|
Maximum penalty: 20 penalty units.
|
|
Sections 160(1) and (7), 216(3) and 232(1) and
(2)
|
the whole penalty provision
|
Maximum penalty: 500 penalty units or imprisonment for
6 months.
|
|
Section 190(4) and (6)
|
the whole penalty provision
|
Maximum penalty: 50 penalty units.
|
|
Section 326(2) and (3)
|
the whole penalty provision
|
Maximum penalty: 20 penalty units or imprisonment for
6 months.
|
____________________________
__________________
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