South Australian Consolidated Acts

FAIR TRADING ACT 1987 - SECT 14

14—Application

        (1)         Subject to this section, this Part applies to a contract for the supply of goods or services to a consumer (whether or not the law of South Australia 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 South Australia 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; or

                  (ii)         advertisement addressed to the public or a substantial section of the public,

is to be disregarded; but

            (b)         if an invitation arises from a communication (other than a communication by way of printed or written material or an advertisement referred to in paragraph (a)) initiated by the supplier or dealer, or a person acting on behalf of the supplier or dealer, the invitation is to be regarded as having been solicited; or

            (c)         if—

                  (i)         an invitation results from the delivery or return of one or more tickets or forms that have been distributed, published or otherwise made available by or on behalf of the supplier or dealer; and

                  (ii)         the delivery or return of the tickets or forms is a condition, or one of a number of conditions, compliance with which gives rise, or apparently gives rise, to an entitlement, chance or opportunity to receive a prize, gift or other benefit,

the invitation is to be regarded as having been solicited.

        (3)         This Part does not apply to a contract of a kind excluded by the regulations from the application of this Part.

        (4)         This Part does not derogate from section 1018 or 1019, or Division 6 of Part 7.12, of the Corporations Law .