Western Australian Consolidated Acts

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FAIR TRADING ACT 1987 - SECT 26

26 .         Defence to offences under this Division

        (1)         It is a defence to a prosecution of a person for an offence under this Division if the person proves that, in respect of the trading scheme to which the prosecution relates, all or a substantial number of transactions or negotiations for the provision of goods or services to other persons under the scheme were or were to be effected or took place or were to take place at the place of business of a promoter of the scheme or of the participant providing the goods or services.

        (2)         For the purposes of this Division — 

            (a)         a person is not and 2 or more persons together are not a participant in a trading scheme or pyramid selling scheme by reason only that that person has or those person have purchased goods or services from a promoter of or participant in the scheme; and

            (b)         the purchase or proposed purchase of goods or services from a promoter of or participant in a pyramid selling scheme does not constitute participation or proposed participation in the scheme.



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