Western Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FAIR TRADING ACT 1987 - SECT 58

58 .         The provision of information

        (1)         For the purposes of this Act — 

            (a)         goods that are attached to, or wholly or partly wrapped or wound around with, anything shall be deemed to be packaged and the thing to which they are attached, or with which they are wrapped or wound, shall be deemed to be the packaging, covering or container in which they are packaged;

            (b)         a person shall be deemed to provide information in relation to goods — 

                  (i)         if he labels the goods;

                  (ii)         if he labels any covering or container in which the goods are packaged;

                  (iii)         if he places the information in any covering or container in which the goods are packaged;

                  (iv)         if he packages the goods in any covering or container that is labelled;

                  (v)         in respect of the price of any goods, if that price is determined on the basis of anything encoded on or in relation to the goods;

                  (vi)         if he publishes the information in connection with the goods or anything on which the goods are mounted for display or exposed for sale; or

                  (vii)         if he provides the information in any other manner from which it may reasonably be inferred that the information is applicable in respect of the goods;

            (c)         a person shall be deemed to provide information in respect of goods if he supplies goods in respect of which information is provided (whether by himself or any other person) in the manner referred to in paragraph (b);

            (d)         information shall be deemed to be provided in respect of goods or an interest in land if it would be taken by any reasonable person as referring directly or indirectly to the goods or interest, or a class of goods or interests that includes those goods or interests, whether or not those goods or interests are in existence at the time the information is provided;

            (e)         a person provides information in respect of services if he provides the information in such a manner that it would be taken by any reasonable person as referring directly or indirectly to the services, or a class of services that includes the services, whether or not — 

                  (i)         the services are being supplied; or

                  (ii)         any physical thing that is or is to be supplied, or that is or is to be provided for use, in the course of supply of the services, is in existence,

                at the time the information is provided.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]