Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person shall
not, in trade or commerce, advertise goods or services for supply or any
interests in land for disposal at a specified price 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 or those interests 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 or interests in
land for disposal at a specified price shall not fail to make available the
goods or services for supply or that interest for disposal 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 under this Act in relation to a failure to offer goods,
services or interests in land to a person (in this subsection referred to
as the customer ) in accordance with subsection (2), it is a defence if
it is established that —
(a) the
accused offered to supply, or to procure another person to supply, goods or
services or interests in land of the kind advertised to the customer within a
reasonable time, in a reasonable quantity and at the advertised price; or
(b) the
accused offered to supply immediately, or to procure another person to supply
within a reasonable time, equivalent goods or services or interests in land to
the customer in a reasonable quantity and at the price at which the
first-mentioned goods or services or interests were advertised,
and, in either case,
where the offer was accepted by the customer, the accused has so supplied, or
procured another person to supply, goods or services or interests in land of
that kind or which are equivalent.
[Section 19 amended by No. 84 of 2004
s. 82.]