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Consumer Affairs and Fair Trading Act

Consumer Affairs and Fair Trading Act

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Published by: jigy-jig on Oct 28, 2009
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07/21/2010

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 NORTHERN TERRITORY OF AUSTRALIACONSUMER AFFAIRS AND FAIR TRADING ACTAs in force at 13 July 2005TABLE OF PROVISIONSSectionPART 1 – PRELIMINARY1. Short title2. Commencement3. Extent to which Crown bound4. Interpretation5. Meaning of "consumer"PART 2 – CONSUMER AFFAIRS COMMISSIONER AND COUNCIL
 Division 1 – Commissioner of Consumer Affairs
6. Appointment of Commissioner7. Functions of Commissioner8. Power of Commissioner to obtain information9. Other powers of Commissioner10. Advisory committees11. Delegation12. Annual report
 Division 2 – Consumer Affairs Council
13. Establishment of Council14. Membership of Council15. Chairman and Deputy Chairman16. Functions and powers of Council17. Meetings and proceedings of Council and its committeesPART 3 – AUTHORISED OFFICERS18. Authorised officers for purposes of Parts IV to XII19. Requirements as to identity cards and their production20. Powers of entry of authorised officers21. Powers exercisable after entry22. Power to obtain information, documents and evidence23. Offences24. Self-incrimination
 
 iiPART 4 – PRODUCT SAFETY AND PRODUCT INFORMATION
 Division 1 – Safety Standards
25. Product safety standards may be prescribed26. Prohibition on supply of goods not complying with safetystandards27. Recovery of money paid for goods not complying with safetystandards
 Division 2 – Prohibition of, or restriction on, supply of dangerous goods
28. Investigation of goods by Commissioner29. Power of Commissioner to establish investigation committee30. Power of Minister to prohibit or restrict supply of goods31. Compliance with prohibition or restriction notice32. Recovery of money paid for supply of dangerous goods
 Division 3 – Product Recall, &c.
33. Power of Minister to require product recall, &c.34. Ancillary provisions with respect to notices under section 3335. Compliance with notice under section 3336. Special provisions as to notification of recall (includingvoluntary recall)37. Certain amounts recoverable as debt or damages
 Division 4 – Product Information
38. Product information standards may be prescribed39. Compliance with product information standard
 Division 5 – Miscellaneous
40. Certain action not to affect insurance contractsPART 5 – FAIR TRADING, CONDITIONS AND WARRANTIES IMPLIEDIN CONTRACTS FOR GOODS OR SERVICES, RECOURSE TOMANUFACTURERS, &C.
 Division 1 – Prohibition of Unfair Trade Practices
41. Interpretation of Division 142. Misleading or deceptive conduct generally43. Unconscionable conduct in relation to supply of certain goodsor services
 
 iii44. False or misleading representations in relation to goods orservices45. False or misleading representations, and other offensiveconduct, in relation to land46. Misleading conduct in relation to employment47. Certain misleading conduct in relation to goods48. Certain misleading conduct in relation to services49. Misleading representations about certain business activities50. Cash price to be stated in certain circumstances51. Offering gifts and prizes52. Bait advertising53. Referral selling54. Accepting payment without intending or being able to supplyas ordered55. Harassment and coercion56. [Repealed]57. Unsolicited credit and debit cards58. Assertion of right to payment for unsolicited goods or servicesor for making entry in directory59. Liability of recipient of unsolicited goods60. Application of Division 1 to prescribed information providers
 Division 1A – Pyramid Selling
 
60A.
 
Definitions for Division 1A
 
60B.
 
Pyramid selling scheme
 
60C.
 
Marketing schemes
 
60D.
 
Participation in pyramid selling scheme
 
 Division 2 – Implied Conditions and Warranties in Contract for Goods or Services
61. Interpretation of Division 262. Implied undertakings as to title, encumbrances and quietpossession63. Supply by description64. Implied undertakings as to quality or fitness65. Supply by sample66. Warranties in relation to the supply of services67. Rescission of contract for breach of implied condition68. Application of provisions not to be excluded or modified68A. Limitation of liability in relation to supply of recreationalservices69. Limitation of liability for breach of certain conditions orwarranties

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