Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Except as
otherwise expressly provided in or under this Act, this Act applies
(notwithstanding anything to the contrary in any other Act or law) to and
in respect of an acquisition or supply or the proposed acquisition or supply
of goods or services, or the disposal or proposed disposal of an interest in
land —
(a) if
the person by or to whom the goods or services are or are proposed to be
acquired or supplied signs in Western Australia a document relating to the
acquisition or supply or the proposed acquisition or supply;
(b) if
the person by or to whom the interest in land is or is proposed to be disposed
of signs in Western Australia a document relating to the disposal or the
proposed disposal of that interest; or
(c) if
that person does not so sign such a document, if the goods or services are or
are proposed to be delivered or supplied, or that land is situated, in Western
Australia.
(2) This Act extends
to the engaging in conduct outside Western Australia by bodies corporate
incorporated, or taken to be registered, in Western Australia or carrying on
business within Western Australia, or by persons ordinarily resident within
Western Australia.
(3)
Where —
(a) the
proper law of a contract for the supply of goods or services to a consumer
would, but for a term that it should be the law of some other place or a term
to the like effect, be the law of Western Australia; or
(b) a
contract for the supply of goods or services to a consumer contains a term
that purports to substitute, or has the effect of substituting, provisions of
the law of some other country or of another State or of a Territory for all or
any of the provisions of this Act,
this Act applies
to the contract notwithstanding that term.
(4) This Act is
not intended to exclude or limit the concurrent operation of any law of the
Commonwealth or of another State or a Territory.
[Section 4 amended by No. 10 of 2001
s. 74.]