Victorian Consolidated Legislation

Fair Trading Act 1999 - SECT 32DA

This Part does not apply to certain kinds of contracts

32DA. This Part does not apply to certain kinds of contracts



(1) In this Part a reference to a contract of supply of goods or services does
not include a reference to-

   (a)  a contract of supply of goods where a purchaser purchases, or holds
        out as purchasing, the goods for the purpose of re-supply; or

   (b)  a contract of supply of raw materials or goods that are ordinarily
        acquired for the purposes of repairing or treating other goods or
        fixtures on land or being incorporated in other goods, where a
        purchaser purchases, or holds out as purchasing, the goods for the
        purpose of transforming them or incorporating them in other goods, in
        trade or commerce, in the course of-

   (i)  a process of production or manufacture; or

   (ii) repairing or treating other goods or fixtures on land; or

   (c)  a contract of supply of services where the purchaser of those services
        has contracted to provide those services, or goods or services
        including those services, to a third person; or

   (d)  a contract of supply of goods or services entered into before the
        commencement of section 11 of the Fair Trading (Amendment) Act 2003.

(2) Sections 32NA, 32O, 32P and 32PA do not apply to a contract of supply by
way of lease of goods.

(3) In subsection (1) a reference to the re-supply of goods purchased from a
person includes a reference to-

   (a)  a supply of the goods to another person in an altered form or
        condition; and

   (b)  a supply to another person of goods in which the first-mentioned goods
        have been incorporated.