South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to this
section, a contract to which this Part applies is a prescribed contract if the
total consideration payable by the consumer under, or in respect of, the
contract—
(a) is
not ascertainable at the time of the making of the contract; or
(b) is
ascertainable at the time of the making of the contract and exceeds
the prescribed amount.
(2) Where—
(a) two
or more contracts relate to substantially the same transaction; and
(b) the
transaction could have been effected by a single contract which would, in that
case, have constituted a prescribed contract,
then each of the contracts that would not, if it stood alone, constitute a
prescribed contract becomes a prescribed contract and, for the purpose of
ascertaining the cooling-off period in relation to such a contract, it will be
taken to have been made when the last of the contracts was made.
(3) The following are
not prescribed contracts:
(a) a
contract of insurance;
(b) a
contract solely for the provision of credit;
(c) a
contract of a kind declared by the regulations not to be a
prescribed contract.
(4) In proceedings in
which it is alleged that a contract for the supply of goods or services is a
prescribed contract, the contract will be presumed to be such a contract in
the absence of proof to the contrary.
(5) In this
section—
"the prescribed amount" means $50 or, if another amount is prescribed in the
regulations, that other amount.