Queensland Consolidated Acts

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FAIR TRADING ACT 1989 - SECT 57

57 Definitions for div 4

In this division--

consumer means a consumer within the meaning of section 6 who--

(a) is an individual; and
(b) acquires goods or services otherwise than for a business carried on by the person, whether as an individual or a member of a business partnership.

contract to which this division applies means a contract to which this division applies because of section 58.

cooling-off period, in relation to a prescribed contract, means the period of 10 days starting on and including the day on which the contract is made.

dealer means a person who in the course of door-to-door trading--

(a) enters into negotiations with another person with a view to the making of a contract for the supply of goods or services to that other person; or
(b) calls on another person for the purpose of entering into such negotiations;

whether or not that person is or is to be the supplier of the goods or services.

door-to-door trading means the trading practice under which--

(a) a person--
(i) goes from place to place; or
(ii) 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 with a view to the making of such contracts.

negotiation includes any discussion or dealing directed towards the making of a contract (whether or not the terms of the contract are open to negotiation).

prescribed contract has the meaning assigned by section 60.

related contract or instrument, in relation to a contract to which this division applies, means--

(a) a contract of guarantee or indemnity that is related to the contract; or
(b) an instrument related to the contract that creates a mortgage or charge in favour of the supplier or dealer, or a person nominated by the supplier or dealer; or
(c) any other contract or instrument (not being an instrument of the kind referred to in paragraph (b)) that is collateral or related to the contract.


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