South Australian Consolidated Acts South Australian Consolidated Acts38—Limited offers and failing to supply as demanded
(1) A trader must not
advertise or offer goods for sale by retail upon condition that no more than a
specified or limited quantity or number of the goods may be purchased by any
one purchaser.
Maximum penalty: $5 000.
(2) A trader who
offers goods for sale by retail must not refuse or fail, on demand of a
quantity or number of the goods and tender of the appropriate price, to supply
the goods in the quantity or number demanded.
Maximum penalty: $5 000.
(3) It is a defence to
a charge for an offence against subsection (1) to prove that on the
occasion in question—
(a) the
defendant neither had, nor had ready access to, a sufficient quantity or
number of the goods—
(i)
to meet a demand for a quantity or number of the goods
greater than that specified or limited in the advertisement; or
(ii)
to meet such a demand in addition to the estimated
demands of the defendant's other customers; or
(b) the
defendant was acting in accordance with a practice for the time being approved
by the Commissioner.
(4) It is a defence to
a charge for an offence against subsection (2) to prove that on the
occasion in question—
(a) the
defendant neither had, nor had ready access to, a sufficient quantity or
number of the goods—
(i)
to meet the demand; or
(ii)
to meet the demand in addition to the estimated demands
of the defendant's other customers; or
(b) the
defendant was acting in accordance with a practice for the time being approved
by the Commissioner.