South Australian Consolidated Acts

FAIR TRADING ACT 1987 - SECT 17

17—Requirements in relation to prescribed contracts

        (1)         The following requirements must be complied with in relation to a prescribed contract:

            (a)         the contract must set out in full all the contractual terms, including—

                  (i)         the total consideration to be paid or provided by the consumer or, if the total consideration is not ascertainable at the time the contract is made, the manner in which it is to be calculated; and

                  (ii)         if the contract provides for the carrying out of work of a prescribed nature—detailed particulars of the work (including any such particulars required by the regulations);

            (b)         the contractual terms must be printed or typewritten (apart from any insertions or amendments to the printed or typewritten form, which may be handwritten);

            (c)         the making of the contract must be completed by the consumer signing the contract after it has already been executed by or on behalf of the supplier;

            (d)         the consumer must be given a duplicate of the contract immediately after the making of the contract;

            (e)         where the dealer is not the supplier, the contract must set out the full name and address of the dealer and identify that person as the dealer;

            (f)         the contract must contain immediately above the place provided for the signature of the consumer the statement "THIS CONTRACT IS SUBJECT TO A COOLING-OFF PERIOD OF TEN DAYS" printed in upper case in type not smaller than 18-point;

            (g)         the consumer must be given two notices at or immediately before the making of the contract—

                  (i)         one being a notice, in the prescribed form, explaining the right of the consumer to rescind the contract; and

                  (ii)         the other being a notice, in the prescribed form, that may be used by the consumer to rescind the contract;

            (h)         the notices referred to in paragraph (g) must—

                  (i)         be printed or typewritten (apart from any insertion, which may be handwritten); and

                  (ii)         set out the full name and address of the supplier and identify that person as the supplier; and

                  (iii)         be separate from, and not attached to, any other document;

                  (i)         the printing or typewriting of the contract, the statement referred to in paragraph (f) and the notices referred to in paragraph (g), must be readily legible and conform with the requirements of the regulations;

            (j)         any handwriting (apart from a signature or initial) in the contract or a notice referred to in paragraph (g) must be readily legible.

        (2)         If any of the requirements of subsection (1) is not complied with, the supplier and the dealer are each guilty of an offence.

Maximum penalty: $10 000.

Expiation fee: $500.

        (3)         Where a consumer acknowledges, in writing, receipt of a document required to be given under subsection (1), the acknowledgement is evidence, but not conclusive evidence, that the document was given to the consumer, as required by that subsection.