Queensland Consolidated Acts

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FAIR TRADING ACT 1989 - SECT 58

58 Contracts to which this division applies

(1) Subject to this section, this division applies to a contract for the supply of goods or services to a consumer (whether or not the law of Queensland is the proper law of the contract) if the following conditions are satisfied--

(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 a dealer in each other's presence in Queensland at a place other than trade premises of the supplier;
(b) the dealer attends at that place--
(i) in the course of door-to-door trading; and
(ii) otherwise than at the unsolicited invitation of the consumer.

(2) For the purposes of subsection (1)(b)--

(a) in determining whether an invitation is solicited or unsolicited, any solicitation by way of--
(i) printed or written material delivered but not addressed personally to the consumer which contains a readily legible and easily understood statement soliciting an invitation; or
(ii) advertisement addressed to the public or a substantial section of the public;

shall be disregarded; but

(b) except as provided in paragraph (a), where an invitation arises from a communication initiated by the supplier or dealer, or a person acting on behalf of the supplier or dealer, the invitation shall not be regarded as unsolicited.


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