DOOR-TO-DOOR SALES ACT 1969 (REPEALED) - SECT 4 4.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

Australian Capital Territory Repealed Acts

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This legislation has been repealed.

DOOR-TO-DOOR SALES ACT 1969 (REPEALED) - SECT 4

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—

(b) an agreement under which the purchaser is a body corporate;

(c) an agreement under which the purchaser is a person whose trade or business is the trade or business of buying and selling goods of the same nature or description as the goods to which the agreement relates;

(d) an agreement relating to the disposition of an estate or interest in land;

(e) an agreement to perform work under a contract of service, or under a contract by virtue of which the contractor would be deemed to be a workman or to be working under a contract of service within the meaning of the Workmen's Compensation Act 1951-1968 ;

(f) an agreement the negotiations for which were conducted entirely by post;

“goods” includes all chattels personal other than money, things in action or livestock, and also includes fixtures severable from land;
“purchaser” means a person by whom or on whose behalf goods are, under a credit purchase agreement, purchased or taken on bailment or agreed to be purchased or taken on bailment, or to whom services are provided under such an agreement, and includes a person by whom or on whose behalf an offer is made to purchase goods or to take goods on bailment under such an agreement and a person by whom or on whose behalf an offer is made to enter into such an agreement for the provision of services to the offeror;
“vendor” means a person by whom or on whose behalf goods are, under a credit purchase agreement, sold or bailed or agreed to be sold or bailed, or by whom or on whose behalf services are to be provided under such an agreement, and includes a person by whom or on whose behalf an offer is made to sell or bail goods, or to provide services, under such an agreement, a person to whom or to whose agent an offer is made to purchase goods or to take goods on bailment under such an agreement and a person to whom or to whose agent an offer is made to enter into such an agreement for the provision of services to the offeror.

Credit purchase agreements and related agreements

4A. (1) Where an agreement would be a credit purchase agreement but for the fact that the whole of the purchase price, rent or other consideration is paid at or before the time at which the agreement is made, the agreement shall be deemed to be a credit purchase agreement if money has been lent to the purchaser—

(a) by the vendor;

(b) where the vendor is a corporation, by a corporation that is related to the vendor within the meaning of subsection 7 (5) of the Companies Act 1981 of the Commonwealth; or

being money lent in connexion with the payment of the purchase price, rent or other consideration.

(2) Where a credit purchase agreement is also a hire-purchase agreement, any contravention, by the dealer, of section 6 shall be deemed a contravention by the owner.

(3) In subsection (2), “hire-purchase agreement”, “dealer” and “owner” have the same meanings as under the Hire-Purchase Act 1961-1969 .

Application

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