Queensland Consolidated Acts

FAIR TRADING ACT 1989

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title and citation
   3.      Objective of this Act
   4.      Application of Act
   5.      Definitions
   5A.     Meaning of engaging in conduct and conduct
   5B.     Effect of provision dealing with enforceability of a contract
   5C.     Further meaning of acquisition, supply or resupply of goods or services
   5D.     Meaning of loss or damage and amount of loss or damage
   5E.     Meaning of making of a representation
   5F.     Meaning of persons involved in contravention
   5G.     Meaning of related corporation
   6.      Meaning of consumer
   7.      Crown bound

           Part 2--Consumer authorities

           Division 1--Consumer Affairs Council

   8.      Establishment and function of council
   9.      Membership of council
   10.     Chairperson
   11.     Deputy chairperson
   12.     Deputy members
   13.     Vacating office of member of council
   14.     Meetings of council
   16.     Fees and allowances for council members
   17.     Cooperation with other organisations or persons
   18.     Secretary

           Division 2--Commissioner for fair trading and Office of Fair Trading

   19.     Commissioner and other officers
   19A.    Delegation by commissioner
   20.     Office of Fair Trading
   21.     Functions of office
   22.     Acting inspectors
   23.     Aid by government departments in supplying information

           Division 3--Consumer Safety Committee

   24.     Consumer Safety Committee
   25.     Term of appointment
   26.     Casual vacancies
   27.     Vacation of office
   28.     Meetings of the committee
   30.     Fees and allowances of committee members
   31.     Committee may obtain advice
   32.     Reference to the committee
   33.     Committee to report to Minister or commissioner
   34.     Commissioner to assist investigations
   35.     Powers of committee to investigate matters
   36.     Appointment of deputies

           Part 3--Trade practices

           Division 1--General rules

   37.     Interpretation for div 1—TPA s 51A
   38.     Misleading or deceptive conduct—TPA s 52
   39.     Unconscionable conduct—TPA s 51AB
   40.     False or misleading representations—TPA s 53
   40A.    False representations and other misleading or offensive conduct in relation to land—TPA s 53A
   41.     Misleading conduct in relation to employment—TPA s 53B
   42.     Cash price to be stated in certain circumstances—TPA s 53C
   43.     Offering gifts and prizes—TPA s 54
   44.     Certain misleading conduct in relation to goods—TPA s 55
   45.     Certain misleading conduct in relation to services—TPA s 55A
   46.     Bait advertising—TPA s 56
   47.     Referral selling—TPA s 57
   48.     Accepting payment without intending or being able to supply as ordered—TPA s 58
   49.     Misleading representation about certain business activities—TPA s 59
   50.     Harassment and coercion—TPA s 60
   51.     Application of certain provisions to prescribed information providers—TPA s 65A

           Division 2--Unsolicited goods and services

   52.     Assertion of right to payment for unsolicited goods or services, or for making entry in directory—TPA s 64
   53.     Liability of recipient of unsolicited goods—TPA s 65
   54.     False orders
   55.     Obscene material not to be sent

           Division 2A--Pyramid selling

   55A.    Definitions for div 2A
   55B.    Meaning of trading scheme
   55C.    Meaning of payment to or for the benefit of a person
   55D.    Offences about pyramid selling

           Division 2B--Loan fund schemes

   55E.    Definitions for div 2B
   55F.    Operating a loan fund scheme
   55G.    Implying that a loan fund scheme is operating

           Division 3--Mock auctions

   56.     Prohibition on mock auctions

           Division 4--Door-to-door sales

   57.     Definitions for div 4
   57A.    References to consumer or supplier under a contract for the supply of goods or services
   57B.    References to contract for the supply of goods or services to a person who is a party to the contract
   57C.    References to negotiation of a contract to which this division applies
   58.     Contracts to which this division applies
   58A.    Division does not apply to particular emergency repair contracts
   59.     Prohibition of certain contractual terms
   60.     Meaning of prescribed contract
   61.     Requirements in relation to prescribed contracts
   62.     No consideration during cooling-off period
   63.     Prohibited hours
   64.     Duties of dealers
   65.     Harassment or coercion
   66.     Right of rescission
   67.     Exercise of right of rescission
   68.     Restitution
   69.     Related contracts or instruments
   70.     No waiver of rights
   71.     Prohibition of certain actions
   71A.    Exemptions from division for particular contracts or types of contract
   71B.    Register of exemptions
   72.     Evidentiary matters concerning this division

           Division 5--Express warranties concerning defective goods or services

   73.     Definitions for div 5
   74.     Definition of persons associated with warranty
   75.     Offence to issue warranty lacking prescribed particulars
   76.     Requirements prescribed for a warranty
   77.     Use as warranties of deficient documents prohibited
   78.     Belief that warranty will be honoured
   79.     Benefits under warranty additional to legal rights

           Part 4--Information, safety and codes of practice

           Division 1--Information provisions

   81.     Information standards
   82.     Compliance with information standard

           Division 2--Safety provisions

   83.     Safety standards
   84.     Compliance with safety standard

           Division 3--Ministerial prohibition

   84A.    Definition for div 3
   85.     Minister may make orders prohibiting or restricting supply of dangerous or undesirable goods or services
   85A.    Interim orders
   86.     Offence
   87.     Seizure etc. of goods in certain cases

           Division 4--Codes of practice

   88A.    Codes of practice

           Part 5--Enforcement and remedies

           Division 1--Powers of commissioner and inspectors

   88B.    Commissioner's power to ask for substantiation of claims about the supply of goods or services
   89.     Powers of inspectors
   90.     Power to obtain information
   91.     Obstruction

           Division 1A--General power of inspectors to seize goods
           Subdivision 1--Seizing and returning goods

   91A.    General power to seize goods
   91B.    Returning the seized goods
           Subdivision 2--Appealing against seizure of the goods
   91C.    Where and how to start appeal
   91D.    Hearing procedures
   91E.    Powers of Magistrates Court on appeal
   91F.    Appeal to District Court on questions of law only
           Subdivision 3--Forfeiting the goods
   91G.    Court hearing offence proceeding may order forfeiture of seized goods

           Division 1B--Commissioner's power to accept undertakings

   91H.    Undertaking under a condition of an exemption
   91I.    Undertaking about contravention of Act
   91IA.   Undertaking about other matter
   91J.    Variation and withdrawal of undertakings
   91K.    Enforcement of undertakings
   91L.    Register of undertakings

           Division 2--Offences, court enforcement and remedies

   92.     Offences
   92A.    Aggregate penalties limited
   92B.    Attempts to commit offences
   93.     Continuing offences
   94.     Proceedings for offences
   95.     Conduct by directors, servants or agents—TPA s 84
   96.     Vicarious liability
   97.     Defences in proceedings for an offence against this Act—TPA s 85
   98.     Injunctions—TPA ss 79(4) and 80
   99.     Actions for damages—TPA s 82
   100.    Compensation and other remedial orders—TPA s 87
   101.    Mode of enforcement of compensation
   102.    Power of Court to prohibit payment or transfer of money or other property—TPA s 87A
   103.    Jurisdiction
   103A.   Examination costs

           Part 6--General

   104.    Impersonation
   105.    Reference to consumer authorities and other matters restricted
   106.    Savings of rights and remedies
   107.    Contracting out prohibited
   108.    Severability
   109.    Limitation of action
   109A.   Insurance contracts—limitation on effect of information disclosure
   110.    Preservation of secrecy
   111.    Service of documents etc.
   112.    Evidence
   113.    Regulation-making power
   114.    Approval of forms

           Part 7--Transitional provisions for Equity and Fair Trading (Miscellaneous Provisions) Act 1999

   115.    Transitional provision for references to commissioner for consumer affairs
   116.    Transitional provision for references to Office of Consumer Affairs

           Part 8--Transitional provision for Tourism, Racing and Fair Trading (Miscellaneous Provisions) Act 2003

   117.    Transitional provision for actions for damages and compensation and other remedial orders—TPA, ss 82 and 87

           Part 9--Transitional provision for Criminal Proceeds Confiscation and Other Acts Amendment Act 2009

   118.    Existing exemptions and applications for exemptions for section 63
           SCHEDULE SUBJECT MATTERS FOR REGULATIONS
   1.      Functions, powers and duties
   2.      Qualifications and appointments
   3.      Supply of goods and services
   4.      Fees etc.
   5.      Advertisements
   6.      Prevention of injury
   7.      Prevention of deception of consumers
   8.      Matters ancillary to Act
   9.      Shoes
           Endnotes