South Australian Consolidated Acts South Australian Consolidated Acts (1) The rules in
section 8 do not apply to a person (the "first person ) if—
(a) the
Year 2000 disclosure statement is false or misleading in a material particular
and the first person—
(i)
knew that the statement was false or misleading in a
material particular; or
(ii)
was reckless as to whether the statement was false or
misleading in a material particular; or
(b) all
of the following conditions are satisfied:
(i)
the Year 2000 disclosure statement was made to another
person (otherwise than in the other person's capacity as a member of the
public or of a section of the public) in connection with the formation of a
contract;
(ii)
the other person, or a representative of the other
person, is a party to the civil action;
(iii)
the civil action relates to the contract.
(2) The rules in
section 8 do not apply to a Year 2000 disclosure statement if—
(a) the
Year 2000 disclosure statement was made in fulfilment of an obligation imposed
under a contract; or
(b) the
Year 2000 disclosure statement was made in fulfilment of an obligation imposed
under a law of the Commonwealth, a State or a Territory.
(3) The rules in
section 8 do not apply to a civil action if—
(a) all
of the following conditions are satisfied:
(i)
a purpose for making the Year 2000 disclosure statement
was to induce persons to acquire goods or services identified in the
statement;
(ii)
any of those persons acquired the goods or services as a
consumer;
(iii)
the consumer concerned, or a representative of the
consumer concerned, is a party to the civil action;
(iv)
the civil action relates to the goods or services
acquired by the consumer; or
(b) all
of the following conditions are satisfied:
(i)
a purpose for making the Year 2000 disclosure statement
was made to induce a particular consumer to acquire goods or services
identified in the statement;
(ii)
the consumer acquired the goods or services;
(iii)
the consumer, or a representative of the consumer, is a
party to the civil action;
(iv)
the civil action relates to the goods or services
acquired by the consumer.
(4) The rules in
section 8 do not apply to a civil action to the extent to which—
(a) the
civil action consists of proceedings for a restraining injunction or for
declaratory relief; or
(b) the
civil action consists of proceedings instituted by a person or body under a
law of the Commonwealth, a State or a Territory—
(i)
in the performance of a regulatory or enforcement
function conferred on the person or body by such a law; or
(ii)
in the exercise of a regulatory or enforcement power
conferred on the person or body by such a law; or
(c) the
civil action is an action for infringement of copyright, a trade mark, a
design or a patent.
(5) The paragraphs of
subsections (1), (2), (3) and (4) do not limit each other.
(6) Section 4B of the
Trade Practices Act 1974 of the Commonwealth applies for the purposes of
subsection (3)(a) and (b) of this section in a corresponding way to the
way in which it applies for the purposes of the Trade Practices Act 1974
of the Commonwealth.
(7) For the purposes
of subsection (6), it is to be assumed that a reference in section 4B of
the Trade Practices Act 1974 of the Commonwealth to services does not
include a reference to financial services (within the meaning of that Act).
(8) Section 12BC of
the Australian Securities and Investments Commission Act 1989 of the
Commonwealth applies for the purposes of subsection (3)(a) and (b) of
this section in a corresponding way to the way in which it applies for the
purposes of Division 2 of Part 2 of that Act.