South Australian Consolidated Acts

FAIR TRADING ACT 1987

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Crown bound

   PART 2--Administration

   5.      Commissioner for Consumer Affairs
   6.      Administration of this Act
   7.      Authorised officers
   8.      Functions of Commissioner
   8A.     Conciliation
   9.      Co-operation
   10.     Delegations
   11.     Secrecy
   12.     Annual report

   PART 3--Door-to-door trading

           Division 1--Preliminary

   13.     Interpretation
   14.     Application

           Division 2--Contracts

   15.     Prohibition of certain contractual terms
   16.     Prescribed contract
   17.     Requirements in relation to prescribed contracts
   18.     Acceptance of consideration etc

           Division 3--Door-to-door trading practices

   19.     Prohibition hours
   20.     Duties of dealers
   21.     Harassment or coercion

           Division 4--Rescission of contracts

   22.     Right of rescission
   23.     Exercise of right of rescission
   24.     Restitution
   25.     Related contracts or instruments
   26.     Waiver of rights
   27.     Prohibition of certain actions

   PART 4--Mock auctions

   28.     Prohibition of mock auctions

   PART 5--Fair reporting

   29.     Interpretation
   30.     Application of Part
   31.     Procedures in respect of prescribed reports
   32.     Duties of traders
   33.     Duties of reporting agencies
   34.     Correction of errors
   35.     Qualified privilege
   36.     Offences
   37.     Powers of District Court

   PART 6--Retail transactions

   38.     Limited offers and failing to supply as demanded
   40.     Price tickets

   PART 7--Advertisements

   41.     Approval of consumer affairs authority not to be implied
   42.     Substantiation of claims

   PART 8--Recovery of trading debts

   43.     Unlawful actions and representations

   PART 8A--Starr-Bowkett societies

   43A.    Prohibition on trading or carrying on business as Starr-Bowkett society

   PART 9--Third-party trading schemes

   44.     Interpretation
   45.     Power of Minister to approve third-party trading schemes
   45A.    Power of Minister to prohibit third-party trading schemes
   45B.    Offences
   45C.    Regulations

   PART 10--Trade practices--application of Commonwealth provisions

           Division 1--Preliminary

   46.     Interpretation
   47.     Application of provisions rendering contracts etc unenforceable
   48.     Consumers
   49.     Acquisition, supply and re-supply
   50.     References to purpose or reason
   51.     Leases and licences of land and buildings
   52.     Loss or damage to include injury
   53.     Severability
   54.     Representations
   55.     Application

           Division 2--Trade practices

   56.     Misleading or deceptive conduct
   57.     Unconscionable conduct
   58.     False or misleading representations
   59.     Representations and conduct in relation to land
   60.     Misleading conduct in relation to employment
   61.     Requirement to state cash price
   62.     Offering gifts and prizes
   63.     Misleading conduct in relation to goods
   64.     Misleading conduct in relation to services
   65.     Bait advertising
   66.     Referral selling
   67.     Acceptance of payment
   68.     Misleading representations about business activities
   69.     Harassment and coercion
   70.     Pyramid selling
   71.     Unsolicited credit and debit cards
   72.     Right to payment for unsolicited goods etc
   73.     Liability of recipient of unsolicited goods
   74.     Prescribed information providers

           Division 3--Offences against thisPART

   75.     Offences against this Part

   PART 11--Enforcement

           Division 1--Powers of the Commissioner and authorised officers

   76.     Conduct of legal proceedings on behalf of consumers
   77.     Obtaining information
   78.     Entry and inspection
   78A.    Use and inspection of books or documents produced or seized

           Division 2--Assurances and enforcement orders

   79.     Assurances
   80.     Registration of deeds of assurance
   81.     Offence
   82.     Enforcement orders

           Division 3--Civil remedies for contravention of this Act

   83.     Injunctions
   84.     Action for damages
   85.     Orders for compensation
   86.     Sequestration orders

           Division 4--General

   87.     Prosecutions
   88.     Defences
   90.     Vicarious liability
   91.     Evidentiary provisions

   PART 12--Miscellaneous

   91A.    Public warning statements
   91B.    Immunity from liability
   92.     Saving of other rights or remedies
   93.     Hindering an authorised officer
   93A.    Offence relating to intimidation
   94.     Impersonating an authorised officer
   95.     Service
   96.     Contracting out prohibited
   97.     Regulations
           Legislative history