Australian Capital Territory Numbered Acts

FAIR TRADING ACT 1992 (NO. 72 OF 1992) - SECT 21

21. (1) A person shall not, in trade or commerce, advertise for supply at a specified price, goods or services if there are reasonable grounds, of which the person is aware or ought reasonably to be aware, for believing that he or she will not be able to offer for supply those goods or services at that price—

        (a)     for a period that is; and

        (b)     in quantities that are;

reasonable having regard to the nature of the market in which the person carries on business and the nature of the advertisement.

(2) A person who has, in trade or commerce, advertised goods or services for supply at a specified price shall offer such goods or services for supply at that price for a period that is, and in quantities that are, reasonable having regard to the nature of the market in which the person carries on business and the nature of the advertisement.

(3) In a prosecution of a person under Part IV in relation to a failure to offer goods or services to a person (in this subsection referred to as the “customer”) in accordance with subsection (2), it is a defence if the person establishes that—

        (a)     he or she offered to supply, or to procure another person to supply, goods or services of the kind advertised to the customer within a reasonable time, in a reasonable quantity and at the advertised price; or

        (b)     he or she offered to supply immediately, or to procure another person to supply within a reasonable time, equivalent goods or services to the customer in a reasonable quantity and at the price at which the first-mentioned goods or services were advertised;

and, in either case, where the offer was accepted by the customer, the person has so supplied, or procured another person to supply, goods or services.