Australian Capital Territory Repealed Acts

This legislation has been repealed.

DOOR-TO-DOOR SALES ACT 1969

TABLE OF PROVISIONS

           Long Title

   1.      This Act may be cited as the Door-to-door Sales Act 1969.1  
   2.      This Act shall come into operation on a date to be fixed by the Minister by notice published in the Gazette.1  
   3.      The Book Purchasers' Protection Act, 1899 of the State of New South Wales ceases to apply as a law in force in the Territory.  
   4.      In this Act, unless the contrary intention appears—“credit purchase agreement” means an agreement for or in respect of the sale of goods, the provision of services or the bailment of goods, being an agreement under which the purchaser is to pay the whole or part of the purchase price, rent or other consideration after the time at which the agreement is made, but does not include—  
   5.      (1) This Act applies to a credit purchase agreement entered into at a place other than premises occupied by the vendor otherwise than as the result of an unsolicited request by the purchaser to the vendor to attend at that place for the purpose of entering into the agreement, making the offer that led to the agreement or conducting the negotiations that led to the entering into of the agreement or the making of the offer.  
   6.      (1) A vendor shall not enter into a credit purchase agreement to which this Act applies unless—  
   7.      Where a vendor enters into a credit purchase agreement to which this Act applies in contravention of the last preceding section, the vendor is not entitled to enforce the agreement against the purchaser.  
   8.      Where the vendor under a credit purchase agreement to which this Act applies gives to the purchaser a statement under paragraph (f) of subsection (1) of section 6 of this Act, the purchaser or his or her spouse may terminate the agreement by serving or causing to be served a notice of termination substantially in accordance with the form of notice of termination included in that statement on the person named as the vendor in that statement in the manner and within the period specified in the statement.  
   9.      Where a notice of termination of a credit purchase agreement is served on the vendor under the last preceding section, the agreement referred to in the notice is terminated as if rescinded by mutual consent for a total failure of consideration in respect of the agreement.  
   10.     The vendor shall, within seven days after service on him of a notice of termination under section 8 of this Act, repay to the purchaser all moneys paid under or in respect of the credit purchase agreement and return to the purchaser any goods or other property given by the purchaser in pursuance of the agreement.  
   11.     Where a notice of termination of a credit purchase agreement is served on the vendor under section 8 of this Act, the purchaser shall, forthwith on demand made by the vendor, return to the vendor, at a place in the Territory specified by the vendor in the statement given to the purchaser under paragraph (a) of subsection (1) of section 6 of this Act, any goods delivered to the purchaser in pursuance of the agreement.  
   12.     Upon the termination of a credit purchase agreement under this Act, the purchaser is liable to pay compensation to the vendor for any loss of or damage to any goods the subject of the agreement while they were in the custody of the purchaser, other than loss or damage arising from the normal use of the goods or loss or damage arising from circumstances beyond the control of the purchaser.  
   13.     A person shall not make or publish a statement, whether orally or in writing—  
   14.     Proceedings for an offence against this Act do not affect the right of the purchaser or vendor to recover by action in a court of competent jurisdiction any moneys, goods or other property the subject of the proceedings.  
   15.     A provision in a credit purchase agreement to which this Act applies or in another document under which a right conferred on a purchaser by this Act to terminate such an agreement is excluded or restricted is void.  
   16.     The Executive may make regulations, not inconsistent with this Act, prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to this Act.  
           SCHEDULE 1
           SCHEDULE 2
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