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©State of Queensland
EE
irs '7
As amended by
o ~ s t ~ t ~ t ~ a ~ o n s u ~ ~ ~ ctions and powers and the
[ASSENTED TO 14 DECEMBER, 1970
t may be cited as the Consumer Afairs Collective title conferred by Act of 1983, No. 30, s. 1 (3).
Act. The provisions of this ommence on a date appointed of s
in Council by Proclamation published in the Gazette.
Commenced 1 January 1971 (Proc. pubd. Gaz. 19 December 1978, p.1547).
ct, This Act is divided as follows :- ART Ih-PRELlMINARY ( S S . 1-4)
PART 11-CONSUMER AFFAIRS AUTHORITIES (ss. 5-23 t) ; Division 1-Consumer Aflairs Council;
Division 2-Consumer Afluirs .Bureau;
Division 3- Product Safitj C o i t i i t ~ i t t c ~ ;
2 s. S ACT 11970-1983 PART IIJ[---TRADE ACTICES (SS. 24-36~) ;
s a ~by Act of 1973, No. ~ ~ 25, ~ s. 2; eAct of ~1974, No. 8, s. 2; Act of 1982,
8. 13, S. 5 ; k t of 1983, NO. 30, S . 2.
for the purposes of n who at the mater
the goods to which it is appended: The term includes every alteration of a trade description, whether by way of addition, effacement or otherwise, that makes the description fake 01
likely to mislead in a material respect;
s. 3
4 s. CONSUIME;62, A W A I S ACT 1970-1983
‘‘ services ” means services provided in the field of trade o p
commerce and includes accommodation and facilities of any
‘‘ shoes ’’ includes boots, slippers, sandals, thongs, scuffs an similar footwear ;
mall Claims Tr
’
means a tribunal duly constitute for er the Smal ~ r i b ~ ~ a l s Act I973 ;“sole ’’ means all that part of a shoe including the heel, that in use is under the foot of the wearer. The term does not include-
(a) the insole;
) the sock lining;
) thread, wax, rivets, pegs, nails, toe-plates, heel-tips or heel-caps;
“ textile goods ” means-
(a) woven, knitted or felted materials man~factured from fibre;
(b) tops, yarns, threads and lace;
(c) articles manufactured in whole or in part of such materia~s but not including linings, inter-linings or trimmings formin part of those articles; and
) all carpets and pile fabrics but not including backings, linings, inter-linings or trimmings forming part of such carpets or pile fabrics ;
’’
means, in relation to goods, any descriptio ication, instruction or suggestion, direct or (a) the nature, number, quantity, quality, purity, characteristics, class, grade, measure, gauge, size OF weight of the goods;(b) fitness for a purpose, strength, performance^
OH accuracy ;
bi) the suitability of particular methods of washing, cleanin ironing or otherwise caring for the goods;
(bii) the flammability of the goods or other qualities affect~n the safety of users of the goods;
(e) the State, country, or place in or at w any portions or constituents thereof were
($1
the manufact~rer OF producer of the by whom the goods were selected, pac way prepared for market;grading, or otherwise preparing the goods;
or from which they are derived : or
(e) the mode of manufacturing, producing, selecting, ~ a c k i n g , (f) the material 01- ingredients of which the goods are compose
ing the subject of an existing pate The term includes the use of any figure, word trade style, or mark that, according to the custo trade, is commonly taken to be an indication of a above matters and, in relation to a
the mileage shown on the odometer fitt having been travelled by the vehicle.
derivative of a have, when u
As amended by Act of 1973, Ko. 25, s. 3; Act of 1982, No. 13, s. 6 ; Act of 1983,
8. 30, s. 3.
the membership of the Council is ~ e ~ r ~ s e n ~ a t i v e of the wh
(4) The Governor in Council may, on the r ~ c o ~ ~ e n ~ a ~ ~ ~ ~ of inister, appoint the Commissioner to be a member o f the Coun
6 s. CONSUMER AFFAI S ACT 1970-1983
current he shall
inister for the establis persons engaged in the ion or supply o f goods OF
o f services may receive
s
1970-1983 8s.sooner resigns the r so long as he con
er. An a ~ p o i ~ t m e n t to members
ree years save where the a ~ p ~ i n t m e n t is to a casual vacancy therein.
member of the Council shall be eligible for re-appointment.
ce member of the
ouncil shall be deemed to have vacated his ~ f f i c e if he- (a) dies or suffers mental illness ;
resigns his OEC delivered to the
6) is absent from three consecutive meetings of the Council a ~ t e r n ~ t i ~ e member not having been appointed under this to replace him) and is not excused by the Council for absence, either in advance or at its meeting next following his third absence;
(d) is removed from o (e> ceases to have the
y writing under his hand addressed to and
overnor in Council ;
required by this Act to secur his appointment to the Council.
ernor in Council may, for any cause that appear nt, remove any member of the council from his 0
as such a member.
ers. (1) The Governor in Council may, he Gazette, appoint any person having a ualification for membership of the Council as the member he is inten to replace to act in the place of any member of the Council who is or is likely to be prevented by illness or absence from performing his d u t y as
;E member.
8 ss. 11-13 CONSUMER AFFAIRS ACT 19761983
(2) A person appointed pursuant to the preceding subsection is an alternative member of the Council and when acting in the place of a member shall be deemed to be a member of the Council but shall not, by reason of his being or acting as an alternative member, be chairman or deputy-chairman of the Council.
e ~ a s ~ a ~ ~ ~ ~ (1) ~ hen a vacancy occurs ~ ~ j e s in the office ~ o f a member of the Council before the expiration of his term of appointment
ernor in Council shall, by notification published in the Gazette, thereto a person having a like qualification for membership of the Council to that o f his predecessor in the office.
person appointed to fill such a casual vacancy shall hold office until the time when his predecessor’s term of appointment would have expired.
hen a vacancy occurs in the office of chairman of the Council before the expiration of the terms of appointment of the existing m
of the Council the Governor in Council shall, by notification pu
in the Gazette, designate another member of the Council to be chairman.
Unless he sooner resigns the office, the person so designated shall be chairman for so long as he continues to be a member of the Council during his term of appointment as a member existing at the date of such designation.
(3) When a vacancy occurs in the office of deputy-chairman of th Council before the expiration of the terms of appointment of the existin members of the Council the members of the Council shall, as soon as practicable, elect from amongst their number a person to be deputy- airma man.
Unless he sooner vacates his office as prescribed by this
nless he sooner resigns the office or is designated chairman of t il, the person so elected shall be deputy-chairman for so long continues to be a member of the Council during his term of appoint men^
as a member existing at the date of suck election.
s. The chairman of the Council or, if he is not present, the deputy-chairman of the Council shall preside at all meetings of the Council.
Should both the chairman and ~eputy-chairman be absent from a meeting of the Council the members present at that meeting shall elect a member from amongst those present to preside at the meeting during the absence of both the chairman and deputy-chairman and the person
so elected has, during such absence, all the powers of the chairman.
e Council shall meet at such times and places and conduct its business in such manner as prescribed or, in
SO far as not prescribed, as it determines from time to time.
(2) Any six members of the Council shall be a quorum for the purposes of a meeting of the Council and shall be competent to transact the business of the Council and to perform the functions of the Council under this Act.
S ACT 1990-1983 9
nd in the event of an equality
there was a vacancy in ed for ~ e ~ b e r s
e memb of the
y fee to which he is entit~ed under the n, any member of the ~ o u n ~ ~ ~ required to travel away from th
sides shall be paid travelling an chairman of the entation to the a report on the activities of the covered by the report.
a ~ ~ o r d a n ~ e with that Act, a Commissioner for Consume ch other officers as the Governor in Council considers assist the ~ Q m ~ ~ s s i o n e r ~
person appointed to the office of ~ Q m ~ ~ s ~ i o n e r for CO ma
the
n with any other o
e he Bo a
~~~~~o~ of the Cornmissioner. rform its functions under the direction and
2
.
(1) The functions o f the(a) to promote the interests of consumers and to assist them to a greater awareness in relation to their assessment and user of goods and services ;
(b) to collect, collate and
matters affecting the interests of consumers;
(c) to receive complaints from consumers concerning matters touching their interests as consumers, to consider and, i the Commissioner deems it warranted, to investigate suc complaints received and to take such action in respect of suc complaints as seems proper to the Commissioner;
) to receive complaints of fraudulent or deceptive practices *
~ e ~ a t i o n to matters which affect or are likely to affect t interests of consumers and to take such action in respect of such cases as seems proper to the Cornmissioner;
(e) to advise and assist consumers who seek from the
~nformation or guidance on matters affecting their inte consumers ;
isseminate information in res
(f) to arrange for investigations on behalf of the Council;
g) to arrange for the collection, collation and furnishing to the Council of data to assist the Council in the performance of its and undertake the dissemination o f informatio nsumer affairs to producers, manufacturers an Suppliers of goods or services.
~ e ~ f o r m a n c e by the subject to the approv
ureau of any of its p s f the Commissioner ained, which approval may be given generally 01" i
o provision of this section shall be construed to require the ner or any officer of the Bureau to give or hold himself out ady or competent to give to any consumer advice touching the rights liabilities in law of the consumer concerning any matter, or aid in
rnent of such rights.
s mended by Act of 1973, No. 25, s. 7.
e (1) Any inspector may require (a) to furnish to the inspector such information as he requires;
(b) to answer any question put by the inspector to that person.
(2) A requisition made under subsection (1) may require that the
~ ~ f o r ~ a t i o n be furnished or the question be answered- ) orally ox in writing;
1
at a place specified therein ;(c) by or within a time specified therein;
(d) by means o f a Statutory Declaration in accordance with the Oaths Act of 1867.
CQNSU S ACT 1970-31983 ss. 21-23 I I
person to whom a requisition irwted-
(a) shall not fail to furnish the ~ n ~ o r ~ a t ~ o n or to ans as required;
shall not furnish informat~Qn or make ans rein ~ i m ~ t e d for c
shall furnish the information or erson shall not be entitIed to re nswer any question required of him un
only that the information or answer
ed pursuant to a ~ e q ~ i s i t ~ o ~ e admissible in evidence in an
ished the informati
(3) The Commissioner shall submit to the Minister annually for Live Assembly and tabling therein a report presentation to the L
on the activities of the
As amended by Act of
U for the year covered by the report.
er or the Commissioner may fro son who holds for the time being any office under the Crown in right of the State to act as an inspector for the purposes of this Act.
While acting as such an inspector such an appointee has and may exercise all or any of the powers, functions and authorities of an inspector-
reference in this Act to any inspector shall?. be deemed to include n acting inspector.
t to be divulged, nt of the Government of the State cers under his control to co-operate with the Commissioner and shall render the Commissioner assistance in the supply to him of information required by him for the purposes of this Act.
from time to time.
S. 2 3 ~ inserted by Act of 1983, No. 30, s. 4.
ber shall, subject to erm of appointment e or until his successor’s a p p o ~ ~ t ~ e n t as a member
ber is eligible inister for any reason
ove an appointed member fro
~~~~t~~ by Act of 1983, No. 30, s. 4.
here a vacancy Q C C U ~ S in the o currency of his term of ofice as SUG ister shall appoint another enon to fill that vac~ncy.
to fill a casual vacancy shall, subject to office for the balance of his predecess his successor’s appointment as a member t
later date and shall be eligible for r e a p p ~ i n ~ ~ e n t on any appointed member is unable to carry ce as a member the inister shall appoint ti~me son to act as a member during the period of such inability.
~~~~~e~ by Act OF 1983, No. 30, s. 4.
Inserted by ace of 11983, No. 30, s. 4.
14 H-2JL S ACT 1970-1983
the matter to it.
eport or ~ e c ~ ~ ~ e n ~ a t i o ~ made to shall be confidential and shall not, ex
matter being considered.
Qb) CQnduct such other investigations as it considers necessary to enable it to make a recommendation with respect to the matter.
ed by Act of 1983, No. 30, s . 4.
eading a5 amended by Act s f 1982, No. 13, s. 7.
atter that contai
all be a ~ p e nd e d to goods of that class or description.
secrets of production, manufacture or
f ~ r the protection o f the health or well-being o f ~ o n § ~ ~ e r s . inister so recommends on the ground t
As amended by Act of 1982, WO. 13, s. 9.
s.
( 1 ) A trade description prescribed in relation to any textile goods may require a statement specifying the fibre or fibres o f which those goods wholly or partly consist.
(2) The regulations may provide that an artificial fibre of a class or type described therein shall be described in a trade description appended to any textile goods by a name therein prescribed for that class or type of fibre.
(3) Where the regulations d o not prescribe a name as provided in subsection (2) in respect of a class or type of aitificial fibre, the trade description for textile goods consisting wholly or partly of those fibres shall consist of or include the words " artificial fibre '' or the words '' man-made fibre
".
Inserted by Act of 198?> w , 1.7. 5 . I O .
16 ss. 27-21 S ACT 1970-1983
scribed manner.
(3) For the p~rposes of subsection (I), " ~ ~ e ~ c r j b e ~ goods '' means
~ e a t ~ e ~ goods, shoes, textile goods and such other goods whatsoever as are prescribed by the regulations.
Bmerlrted by Act of 1982, No. 13, s. 1 I .
shown as having been travelled by the motor vehicle to which it relates, the odometer in question is fitted in the motor vehicle and the mileage is shown thereon,
ed to be a p ~ e n ~ e d to goods or to any covering, la nnexion with goods if it is woven, impressed, embos orked into or annexed or affixed to, or is
ering, label, or thing as the case may
g in this section shall affect the operation of any regulation anner in which a trade description shall be appended to As amended by Act of 1973, No. 25, s. 10; Act of 1983, No. 13, s. 13.
Government ; or
CONSUMER AFF;A S ACT 1970-1983
ody QT a u t ~ ~ r i t y ~ o n s t i t u ~ ~ ~ by or under a statute,
any s ~ a t ~ ~ e n t that is
CONSUMER AFFAIRS ACT 1970-1983 ss. 33, 3 I9
statement or advertisement shall it is-
(a) inserted in a newspaper or other p u b ~ i c a t i o ~ ; ) publicly exhibited-
(i) in, on, over or under any vehicle, vessel, place whatsoever; or
(iii) contained in any document grat to any person or thrown into or the occupation of
s. 32 inserted by Act of '1973, No. 25, s. 14,
e If in a proceeding again n section 31 or 32 it is prov
a statement or advertisement made or published by the defendant was when made or published the defendant shall be deemed to have knowledge of its falsity unless he proves-
recautions against c o m ~ i t ~ ~ n (b) that at the time of making or publishing the statemen
dvertisement he had reasonable grounds to believe and elieve that the statement or advertisement was true,
e had no reason to suspect otherwise.
Substituted by Ace of 1973, No. 25, s. 15.
person offering to to provide services shall not make or publish a statement or advertisement that indicates or in any other manner indicate-
(a) the deposit required,
(b) any periodic rates of payment,
for those goods or services unless the cash price for the goods or services is also indicated.
(2) A person offering to supply or provide goods or services (other than such goods or services as are prescribed) shall not make a statement orally or in writing that indicates or that is likely to be taken as an indication that such goods or services are being offered at a price less than the price at which they or similar goods or services have previously been offered unless he also indicates in an equally distinct manner the
resent price of the goods or services.
Substituted by Act of 1973, No. 25, s. 16; as amended by Act of 1974, NO. 8, S. 3.
C0NSUME.R AFFAIRS ACT 1970- 1983
erson shall not make or y act that indicates or that BS
sion of services, at OF
(c) recompense the consumer, wholly or partially,
event that the goods cx services or part thereof prove to be d e f e c ~ ~ v ~ ~ includes any document by which such ~e~resentation is evidence
eading inserted by Act of 1974, No. 8; s. 4 . s. %A inserted by Act of 11974, No. 8, s. 4.
(a) shall be so worded as to express as tersely as e, cle ed by
S Q ~ by whom it is issued to honour the warranty, and
01- acts required to be ~ e ~ ~ ~ r ~ e d by the consumer to entitle ntly specify the name and place OF whom it is issued;
clearly specify the peri QF periods within which a or services to which it relates if the consumer is t s be entitled to claim that the warranty ) shall clearly specify the procedure for claiming that the warranty
and a ~ ~ u r a t e ~ y the act or acts required to be p to claim that the warranty should be honoured;
ct must appear in the goo
di by Act s f 1974, No. 8, s. 4.
so given.
Inserted by Act of 1974, NO.
x
S. 4.22 ss. 36r-361 CONSUMER AFFAIRS ACT 1450-1983
person s ~ a I ~ not n an honest and reasonable belief that the business affairs of who issues or issued the warranty are such
pectation that the warranty will be honoure its terms if the goods or services to which it relates shou
defective.
ubsection (I) applies whet he^ or not the person who com~unicates the war~anty to a consumer is identical with the person
or issued the warranty.
by Act of 1974, No. 8, s. 4.
ty. For the pur of t
municates a warranty to a cons be taken to be the person wh ion with a supply of goods of services, any card or document that expresses
express a warranty or who represents orally to a c o n s u ~ ~ r that the goods or services in
which a warranty relates;
estion are goods or services t (b) the person who issues a warranty shall be taken to
0, according ty the warranty c o ~ ~ ~ n i c a t e d t sentation that constitutes the warranty.
Division 5-Furniture Regulation and Labelling
for a fee or reward or any other consideration or in the course of any trade or business shall not send out or remove or cause to be sent out or removed from the premises or place in which it is ma~~ufactured or assembled that furniture unless it is stamped or labelled in the prescribed manner with the true name of the manufacturer or assembler and the address of the premises or place in which that furniture is manufactured or, as the case may be, assembled.
eading inserted by Act of 1982, No. 13, s. 13.
s. 361-1 inserted by Act of 1882, No. 13, s. 14.
imp
in another State or Ter f the Commonwealth and imported into sXand for a fee or reward or any other consideration or in the of any trade or business whatsoever shall not sell that furniture ess it is stamped or labelled in the prescribed manner with the true name of the manufacturer or assembler and the address of the premises or place and the State or Territory of the Commonwealth in which that f ~ r n i t u ~ e was manufactured or assembled
InWtCd hi Act of 1952. N o . 13. \ 11
Imserted by Act of 1982, No. 13, s. 14.
abel any furniture tamp or label of a
a stamp or label of the ~ o m m o n w e a ~ t h or any other State or Territory o ~ m o n w e a ~ t h ;
i m ~ o r t e r ~ consignee or buyer of furniture (b) remove, erase, deface or
or label on or a ~ p e n d e ~ r label under this
wise interfere with any st y furniture p u r p o r t ~ ~ g to
any law of the Commonwea tate or Territory of the ~ o m m o ~ w e a l t h ;
re that he knows to be falsely stamped or labelled with the stamp or label of a manufacturer, assembler, importer, consignee or buyer of furniture.
(2) lt is a defence to a prosecution for an offence under s u b $ e c t ~ o ~ ithout i n t e ~ ~ to deceive (1) if the person charged proves that he acted
defraud.
Inserted by Act of 31983, No. 13, s. 14.
tamped or, as the case
(1)
if
(2) It is a defence to a prosecution for the person charged groves that- an offence under s u ~ s e c t ~ o ~ (a) at the time when the offence is alleged to havecommitted, the furniture to which the proceedings bore the same stamp or label as i t bore when the defe acquired i t ;
or, as the case may be, label appeared to c o ~ ~ ~ ~ ct in all respects;
(6) the stamp or,
Inserted by Act of 1982, NO. 13, s. 14.
or use of the ~ ~ r ~ i t ~ r e .
Inserted by Act of 1982, No. 13, s. 14.
36N.
(1) A Per
to the furniture in the such particulars (if any)
(2) For the pur section were part of
Inserted by Act of 1982, No. 13, s. 14.
f c o n ~ e n ~ $ ~ design, therwise relating to
nature ;
cription, being goods to be used that any label a~tached to or containers of such goods be marked
relating to goods of that class rt of which is of a class
tended IS be embodie
the agreement;
(c) who is selling the goods or component parts for scrap, that is to say, for the value of the materials of which they composed a n d not for use a5 finiched art iclcrj ;
CONSUMER AFFAIRS A
(8) who, in the case of goods or component parts damaged by o in consequence of fire or water, is selling the goods component parts to a person who carries on a business buying damaged goods and repairing or reconditioning th for resale, or to an insurer of the goods or parts;
(e) who, in the case of a letting on hire, is letting the goods or
~ o ~ p o n e n t parts as incidental to the letting of premises;
(f) who, in the case parts for the purp purpose of a letting premises ;
goods Oh compon has possession for ental to the letting Q
(g) who, in the case of a letting on hire, lawfull arts at the time when the lettin
h or injury to the irectly or indirectly, may by (a) prohibit the sale of those goods or goods of the class (b) allow the sale to consumers of those goods or goods of the escription specified or referred to in the order, but ct to conditions or restrictions specified in the order.
or description specified or referred to in the order; or
(2) The Minister may by order published in the r vary an order made under subsection (1).
(3) An order made under subsection (1) or (2) shall take effect from the ate, of publication in the Gazette or from such later date as is specified in the order.
(4) The Minister shall, before he makes an order under subsxtion (11, cause to be given to every person that in his opinion has a substantial Interest in the matter, a notice in writing accompanied by a COPY OF
mder he intends to make calling on that person to show cause in W r i t l n l :
why he should not make that order.
(5) A person that has been called upon to show cause by the shall, if he wishes to do so, make written su
that these submissions are received by th hat person of the notice and copy
inister shall consider any submissions received by him within specified prior to taking any further action under subsection
ions to the Minister
nserted by Act of 1982, No. 13, s, 15; as amended by Act of 1983, No. 30, s. 5.
or e A person shall not sell goods in contravention of an o
Inserted by Ace of 1982, No. 13, s. 16; as amended by Act of 1983, No. 30, s. 6.
e.
re etc., C W t sese (1) An inspector may at any time seize and detain goods that he suspects on reasonable grounds are being or have been sold in contravention of an order made under section 39.4.here a person is charged with an offence against section 3913, the court before which the complaint is heard, if it i s satisfied that the goods, the subject of the charge, are goods or goods of a class or description in respect of which an order under section 3 9 ~ has been made, may, whether or not that person is convicted of the offence charged, order the forfeiture to the Crown of all or any of the goods.
person claiming to be entitled to goods that have been seized and detained pursuant to subsection (1) may, within 28 days after the date of the seizure of the goods, apply to a Magistrate for an order for the delivery to him of those goods.
Notice of the application shall be served by the applicant on the Commissioner prior to the hearing of the application.
The Commissioner shall be entitled to appear at the hearing of the application as respondent and may be represented at the hearing either by an inspector appointed by him or by counsel or solicitor.
(b) If, in the proceeding upon the applkation-
(i) the Magistrate is satisfied that the goods or any of them are goods or goods of a class or description in respect of which an order under section 39.4 has been made he may order the forfeiture to the Crown of all or any of the goods;
(ii) the Magistrate is satisfied that the goods or any of them ?re not goods or goods of a class or description in respect of whlch an order under section 3 9 ~ has been made, he may order the delivery of those goods or any of them to the persol1 named in the order.
28 s. 3% CONSUMER AFFAIRS ACT 1970-1983
(c) Upon the expiration of 28 days after the date of seizure of goods ursuant to section 39a, if no application for t e delivery of the goods
en duly made, the goods shall be forfeited to the Crown.
here an ~ p p ~ ~ c a t ~ o ~ for deliv nder ~ a r a g r a p ~ (a) but has
of those goods has been d n w ~ t ~ ~ d r a ~ n before it is hea drawal of the a
(ii) the e x p i r a t ~ o ~ of 28 ate of seizure of the goods,
ichever i s the later, the goods shall be forfe~~ed to the Crown.
(4) Upon a court ~~~~~~ an order for the forfeitur
r Upon the fQrfe'eiture O f any goods purs to subsection ( 3 ) (c), t oods the subject of the order or to whic t subsection applies sh
isposed of in such ~ a n ~ e r
Inserted by Act of 1982, No. 13, s. 17.
Y vm
~~~~~.
( 1 ) Abusi any premises ce sells prescribed goods or goods o f a prescribed class or description to cmsumers shall keep exhibited at the premises o r place, in a position directed by an inspector or, in the absence o f a direction, in a position so that it can be easily read by every person who attends at the premises or place, a prescribed notice: and shall maintain the same (2) The Governor in Council may, if he considers it appropriate in the interest of the safety or for the instruction o f consumers, make
~ e g ~ ~ a t ~ o n s for the purpose of subsection (l)- in a legible Condition.
(a) prescribing goods or goods o f a class or description;
( b ) p r e s c ~ ~ b ~ n ~ the form and use of notices (including the e prescribed class or description;
(c) p r o ~ i d ~ n g that this section shall not apply to any person cpr egdations made for the purposes of this section may make nt provision for diffzrent goods or different classes or descriptions
class or description of goods n a y be prescribed for f this section notwithstanding that the goods are for use 0
nent parts of other goods whether those other goods are or ods of a prescribed class or description.
characters, size, type and other c h a ~a ~ t e ri s t thereof) to be e x h i b ~ ~ e d in respect of the class of person specified therein.
r~~~~~~
by Act of 1982. WO 1 3 . 5 . 18.SS. 3 29
.in
ss. 42, 43 CONSUMER AFFAIRS ACT 1970-1983c o ~ c e r ~ ~ n ~ any of the matters specified in subsection (3).
e matters to which subsections (1) and (2) refer are- pply of goods ;
the p r o v ~ s i o ~ ~f services;
any matter touching c o ~ m e r c i a ~ or usiness reputat~on of any person associated wit e supply of goo s or provis~on of services;
uality of goods supplie by any supplier of goods ;
the standard of services provided y any ~ r Qof services. ~ j ~ ~ ~ member of the Council or the Committee,
person acting on his behalf, any offcer of the account of anything done for the purposes o
faith and purporting to be for the purposes of this Act.
Substituted by Act of 1973, No. 25, s. 21 ; as amended by Act of 1983, No. 30, s. 7.
(4) W O liability shall be incurred by the Crown, the
Commissioner, or any eau or any inspector o is Act or done in goo
person who contravenes OF fail ct commits an offence against this
prosecuted by way of summary proceedings under The Justices Acts 1886 to 1968.
with
) A person who commits an o nce against this Act may
prosecution for an offence against this Act-
(a) shall be instituted by an inspector or by a person claiming be aggrieved by the offence, in either case with t Commissioner’s consent first had and obtained ;
(b) shall be commenced within one year after the matter of complaint arose or within six months after the matter of complaint comes to the knowledge of the complainant, whichever period is the later to expire.
a body corporate is c ~ a r ~ e ~ wi who is concerned o
may be charged wit
nce against this Act in description is appended ted, in addition to any penalty or thin the time specified in the order chaser of the goods an amount (specified in to the amount paid by the purchaser on
e of the goods; or
in the time specified in the order, ds in accordance with the trade
the purchase price of goods le by the purchaser over the on of the goods having been
ursuant to a h i r e - ~ u ~ c ~ a s ~ ere a person is convicted sf an offence against this Act that
nsists in the making o f a statement in relation to services QT sh
(a) that the offender, by or within the time specified in the order9 refund to the person aggrieved an amount (specified in the order) equal to the amount paid by the person aggrieved on account of the services in relation to which or the availability or provlslon of which the statement was m3dc :
convicted, in addition to any penalty or ~ u ~ i § ~ ~ ~ e n t it imposes may order the forfeiture to the Crown of all or any of the goods and other
gs by means of or in relation to which reupon those goods and other things sh the Crown and shall be disposed of in su
offence was committ irects.
the order may be filed in the registry of in an action for debt to the extent ofthe a
that he is unable to ~ ~ such goods, services, a c c o ~ ~ o d a t i o ~ p ~ ~ y or
~ a c ~ ~ ~ t ~ e s .
he mode of enforcement of ieu of any other mode of
his subsection, may have been a v ~ ~ ~ a ~ l ~ in law.
prescribed by this s ~ ~ s ~ c ~ i ~ ~ ent of that order that, apart
here a person convicted of an offence against this Act is a bo every person who at the time of the commission of the offence
S a member of the governing authority of that body corporate shall dtm-md to have committed a like offence and be liable to the pecuniary
enalty or imprisonment prescribed for the offence unless he proves t offence was committed without his knowledge or
diligence to avoid the contravention of 01: n 0 n - c ~ in question.
As amended by Act of 1973, No. 25, s. 23; Act of 1974, No. 8, s. 7; Act of 1982, NO. 13, S. 20.
e purposes o f the e ~ ~ ~ 0 ~ e r 9 $ the statement and to
e it appears that a statement that contravenes this Act was shed by a person who i s employed by another, who is resident stralia, under a contract of service the employee shall not incur any
~ ~ a b i ~ i ~ ~ under this Act in respect of making or ublishing the s t a t e ~ e n ~ (a) he has therein acted bona fide upon the instructions of t (b) on demand made of him by an inspector or a person aggrieve
1
employer; and
by the statement, he has ~ ~ e n t j f i e d his employer and his whereabouts fully and accurately.
uhtituted by Act of 1973, NO. 25, s. 24.
s9
not Instituted against a person who is liable therefor by reason snly of being the printer, publisher or proprietor of a newspaper or other publication 01: of his being the licensee of a commercial broadcasting 01
television station in or by means of which the making or publication of tement in question is made unless--
(a> he had been warned by an inspector ofthe falsity or mislea
character of the statement or of any other statement s u b s t a ~ t ~ a ~ ~ the same as it and that, in the Commissioner’s opinion, the statement co~travenes section 32; and
the statement or such other statement in or by m
newspaper or other publication, or the commercial broadcasti station or, as the case may be, the commercial television station- (b) he has, after receipt of such warning, published in
Inserted hy Act of 1 9 n $ NO. 25. $. 25
34 s. 7 CONSUMER AFFAIKS ACT 1970-1983
s. In any prosecution for an offence a ~ a i ~ ~ ~ (a) proof that a document, card, label or other thing containi
a trade description of goods was delivered to the purchaser o the goods to which the charge relates at the time of the sale of the goods, shall be conclusive evidence that the goods sold as goods to which the trade description contained in document, card, label or other thing was appended;
(b)judicial notice shall be taken of the appointment of t Commissioner and of the signature of the Commissioner.
(bi) it shall not be necessary to prove the appointment of an inspector or the authority of an inspector to do any act or to give any direction or to take any proceeding, but this shall not prejudice the right of the defendant to prove the extent of such authority;
(c) whether or not the offence is one defined in section 32, if it is proved that a statement or advertisement was published by any means referred to in subsection (3) of that section it shall be deemed, until the contrary is proved, that the statement or advertisement was so published by or at the direction of the person whose trade or business appears from the statement or advertisement or from the circumstances in which it is SO
published to be that sought to be benefited by the statement or advertisement ;
(d) a person who manufacturers shoes shall, until the contrary is proved, be deemed to manufacture them for sale;
(e) a writing purporting to be issued by or on behalf of an association, institution or body that has set a standard in question and purporting to set out or describe the standard shall, in the absence of evidence to the contrary, be sufficient proof that the standard set out or described therein is the appropriate standard for the time being in force;
(f) the production of a Gazette in which is published an order made under section 3 9 A shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that the sale of the goods or goods of the class or description specified
01 referred to therein has been prohibited or, as the case may be, been allowed as provided therein and of the matters contained in the order.
As amended by Act of 1973, No. 25, s. 2 6 ; Act of 1974, No. 8, s. 7 ; Act of 1982, 0. 13, S . 21.
efeences to charges (1) To a charge of any offence (a) that the contraveiition or failure to comply in question was due
to a cause beyond the defendant’s control;
(b) that the defendant took all reasonable precautions and used all due diligence to avoid the contravention or failure to cornply in cj uc\ tio 11.
against this Act it is a defence to prove-
CONSUMER AlFlFAI S ACT 1970-1983
cause shall not be taken to be beyond the defendant’s con court is satisfied that it is one that the defendant could
have foreseen, or it is one for which he could not reason ave made allowance.
(3) The provisions of section 23 of The Criminal Code, to the ext that it provides exculpation from criminal responsibility for an act omission that constitutes an offence against this Act, and the provisions of section 24 of The Criminal Code do not apply in respect o f any offenc against this Act.
~ ~ b s t i t ~ ~ e ~ by Act of 1973, No. 25, s. 27.
rs. (I) For the purpose of the exercise by t ons under this Act, or for any other pu
at all reasonable times-
(a> enter any place where he knows or reasonably suspects that- (i) goods are produced, manufactured, assembled, prepared,
sold OF stored; or (ii) services are provided; or
(iii) invoices, documents or other records relating t supplied or to be supplied, or relating to services or to be provided are kept;
) enter any place that he knows or reasonably suspects to used by any person as an office, depot or premises for purpose of carrying on any business or trade o f supplyin goods or providing services ;
(c) enter any place that he knows or reasonably suspects to be used by any person for printing or as an office in connexion with a business or trade of printing any newspaper or other publication, which he knows or reasonably suspects t o associated with any contravention or failure to comply wi
this Act;
which be knows or reasonably suspects to be associated with any contravention or failure to comply with this Act;
(i) search for, collect, examine, take possession of or make copies of or extracts from invoices, documents or other records relating to goods supplied or to be supplied, or rela to services provided or to be provided, or relating to matter the subjcct of an investigation under this Act;
(ii) search for goods therein and examine goods found therein;
(iii) take any goods found therein, upon payment or tendering (iv) open any package that he knows or reasonably suspects
(v) question with respect to matters with which this (d) enter any commercial broadcasting or television stati
(e) in any place lawfully entered by him-
of a ,just price therefor;
contain goods;
concerned a n y percon engaged or emplayed therein ;
(F) make such inquiry and examination as he believes necessary or desirable to assist the exercise of any func
Q W ~ F under this Act or to ascertain w ~ e t h e ~ any a ~ a i ~ s t this Act is being or has
rovision of this subsection shal
to any premises save ~ n d e ~ the a ~ t ~ o r ~ t ~ o m p ~ ~ s u ~ n t i o s ~ b s e c t ~ o ~ (3).
efore an inspector enters any art s f p ~ ~ ~ ~ s e s w sed as a dwelling he shall, save where he has the permi
art to his entry, obtain from a justice a w a ~ ~ a ~ t to en justice who is satisfie
is reasonable cause to
is being used for the production le or storage of goods or for t invoices, ~ o c u m e n ~ s or reco s in relation to go
section shall be, for
and
of the place specified in the warrant all the on an inspector by this
or the purpose of gaining entry to any place an inspector s aid such persons as he deems necessary and such ) to the inspector to whcm it is directed to exercise in res
while acting in aid of an inspector in the Jawfuiml exercise ower of entry, shall have a like power of entry.
here an inspector has taken possession of any ~ n v o ~ ~ e , cord, or of any goods for the purposes of this Act
(a) in the case of any invoice, document or other record, retain the same for so long as is necessary for those purposes, but the person otherwise entitled to possession thereof, if he so req~eStS it of the inspector, is entitled to b furnished as SQOIP as
practicable with a copy thereof certifi by the Commission to be a true copy and such a certifie opy shall be receiv in all courts and elsewhere as evidence of the matters contain therein as if it were the original;
(b) in the case of goods, retain the same for so long as is necessary for those purposes, and thereafter dispose thereof as the Commissioner directs.
amended by Act of 1977, N o 27. s 38. Act of 19P2, N o 17. 5 22.
of an inspector ;
Act ;
witness in a proceeding for an offence against this
answering any question that he is compellable to answer in thn t proceed in?
(b) any person referred to in that subsection, when c
38 ss. 5 @ ~ , 51 CONSUME,R AFFAiRS ACT 1970--1983
(3) In no case shall a person referred to in subsection (1) o f this section disclose or be compelled to disclose the source of information at came to his knowledge in consequence of his holding an appointment
08: position under this Act.
As amended by Act of 1973, No. 25, s. 29.
here any notice, requisition or to any person under OT for the purposes of this Act it shall be taken-
(a) that the notice, requisition or other ocument has been nce that the same has been sent
ddress last known to the person he place of residence or place given to that person upon e
by pre-paid certified mail to by whom the same was sen
of business of that person or, where that person is a person, as the registered o&ce of that incorporate (b) that the notice, ~ e ¶ u i s i t i o ~ or other document was received by
the addressee at the time when the certified mail would have been elivered at the address to which it was sent in the ordinary ere service Is to be effected on a body corporate, it may be effected on any person who is concerned or fakes part in the ~ a n a g e m e n t of the body corporate, 01" on the secretary thereof, or on any person who is apparently in charge of any premises in or from which the business the body corporate is conducted and service SO effected shall be deem to be service on the body corporate.
Inserted by Act of 1973, No. 25, s. 30.
~~~~~~~~~~~ (1) The overnor in Council may make reguIations,
(a) particulars to be shown in any advertisement for the supply or provision o f goods or services;
(b) prevention of false or misleading statements OF advertisements made or published in connexion with any business;
(c) warranties that may be issued or communicated to a consumer in connexion with the supply or provision of prescribed goods or services or with any business and rights and obligations that are to arise from a warranty either generally or in respect of particular warranties ;
(d) suppression of practices in the conduct of or in connexion with any trade or business, which practices are, in the opinion the Commissioner, undesirable having regard to the interests
of consumers ;
(di) the materials of which and the manner in which shar,ks, n 9 t consisting of solid leather, used in the soles of S ~ I O C C may be not inconsistent with this Act, to provide for-
I l 7 ~ l l U f ; ! L ' t L I I ~ C d :11ld IJ\C'(j
c
s. 58 39(dii) the w e ~ g h t i n ~ substances the admixture of which in leather things that are not to be included in trade of goods generally or of goods o f a class or
cified or referred to in the regulations;
manner in which trade descriptions shall ods of a specified class or type;
forming part of the soles of shoes is prohibited :
tion to be appended to goods of a specified class or type or any portion thereof to contain-
(i) such ~ a r ~ i c ~ ~ a r s as are prescribed relating to the quality, rity or weight o f the goods or portion thereof or relating
the m a t e r ~ a ~ ( ~ n c l u ~ i n g the p ies thereof) of which the goods or p o ~ t ~ o n s thereof are osed;
(ii) such warnings or i ructions as are prescribe
nature prescribed, ing directed to the ~ r Q ~ e ~ t ~ o n o f the person of the user
(dvi) the class or classes of and the style of print or type for stamps and labels for use on furniture and the manner of s
‘‘
wa~ranty’’
when g assigned to that tidentified in the regulations.
State or within any locality in the State or with respect to Person, matter or thing t~ apply generally or to be Qf
application as is indicated therein.
As amended by Act Qf 1974, NO. 8, s. 8; Act of 1982, No. 13, S. 23.
egulations may be made to appIy generally throughout the
