South Australian Consolidated Acts South Australian Consolidated Acts (1) A person must not,
in trade or commerce, advertise for supply at a specified price, goods or
services if there are reasonable grounds, of which the person is aware or
ought reasonably to be aware, for believing that the person will not be able
to offer for supply those goods or services at that price for a period that
is, and in quantities that are, reasonable having regard to the nature of the
market in which the person carries on business and the nature of the
advertisement.
(2) A person who has,
in trade or commerce, advertised goods or services for supply at a specified
price must offer such goods or services for supply at that price for a period
that is, and in quantities that are, reasonable having regard to the nature of
the market in which the person carries on business and the nature of the
advertisement.
(3) In a prosecution
of a person in relation to a failure to offer goods or services to another
person (in this subsection referred to as the
"customer") in accordance with subsection (2), it is a defence if the
person establishes that—
(a) the
person offered to supply, or to procure another person to supply, goods or
services of the kind advertised to the customer within a reasonable time, in a
reasonable quantity and at the advertised price; or
(b) the
person offered to supply immediately, or to procure another person to supply
within a reasonable time, equivalent goods or services to the customer in a
reasonable quantity and at the price at which the first mentioned goods or
services were advertised,
and, in either case, where the offer was accepted by the customer, the person
has so supplied, or procured another person to supply, goods or services.