Australian Capital Territory Repealed Acts

This legislation has been repealed.

DOOR-TO-DOOR SALES ACT 1969 (REPEALED) - SECT 6

        (a)     immediately after entering into communication which could result in negotiations leading to the entering into of the agreement, the prospective purchaser has been given a statement—

              (i)     printed in type of a size not smaller than the type known as ten-point Times;

              (ii)     specifying the full name and address of the person carrying out the negotiations and the place of business of the vendor;

              (iii)     specifying a place in the Territory to which goods delivered to the purchaser in pursuance of such an agreement may be returned in the event of termination of the agreement under this Act; and

              (iv)     if the vendor is a company, setting out an authority signed by a director of the company authorizing the person carrying out the negotiations to carry out negotiations leading to the entering into of credit purchase agreements on behalf of the company;

        (b)     the agreement is printed in type of a size not smaller than the type known as the ten-point Times;

        (c)     the agreement sets out all the terms of the agreement and the total purchase price or other consideration to be paid or provided by the purchaser under the agreement;

        (d)     a copy of the agreement is given to the purchaser at the time when the agreement is entered into;

        (e)     a statement substantially in accordance with the form set out in Schedule 1, printed as a separate document in type of a size not smaller than the type known as ten-point Times, is completed by the vendor at the time the agreement is entered into in accordance with the instructions in that form; and

        (f)     the statement referred to in paragraph (e) is, after completion, given to the purchaser after having been read aloud to him by the vendor.

Penalty: Five hundred dollars.

(2) Unless the purchaser, at the time the agreement is entered into, signs and gives to the vendor a statement to the effect that the statement referred to in paragraph (1) (e) was, after completion, given to the purchaser after having been read aloud to him by the vendor, the vendor shall be deemed to have failed to read or give the statement to the purchaser.

Restrictions on enforcement of credit agreements

6A. (1) Where a credit purchase agreement to which this Act applies has been entered into for the purchase of books or other publications, the vendor is not entitled to enforce the agreement against the purchaser unless—

        (a)     at the time at which the purchaser signed the agreement, there appeared, immediately above the space in which the purchaser's signature was to be endorsed, a statement in accordance with the form in Schedule 2 and printed in type of a size not smaller than the type known as eighteen-point Times; and

        (b)     the purchaser has, within the time specified in the statement referred to in paragraph (a), confirmed the agreement.

(2) Nothing in this section affects the operation of section 6.

Unenforceable credit purchase agreements