Australian Capital Territory Repealed Acts

This legislation has been repealed.

LAW REFORM (MANUFACTURERS WARRANTIES) ACT 1977 (REPEALED) - SECT 3

    (1)     In this Act, unless the contrary intention appears—

"express warranty" means an undertaking, assertion or statement in relation to manufactured goods (including an undertaking, assertion or statement in an advertisement or in a brochure or other literature designed to promote sale or use of the goods) by the manufacturer or a person acting on his or her behalf, the natural tendency of which is to induce a reasonable purchaser to purchase the goods.

"goods" includes all chattels personal, other than things in action and money.

"manufactured goods" means goods manufactured for sale or disposal to consumers.

"manufacturer", in relation to manufactured goods, means—

        (a)     a person by whom, or on whose behalf, the goods are manufactured or assembled;

        (b)     a person who holds himself or herself out to the public as the manufacturer of the goods;

        (c)     a person, who causes or permits his or her name, the name in which he or she carries on business, or his or her brand, to be attached to or endorsed on the goods or on any package or other material accompanying the goods in a manner or form that leads reasonably to the inference that he or she is the manufacturer of the goods; or

        (d)     where the goods are imported into Australia and the manufacturer does not have a place of business in Australia—the importer of the goods.

"person" includes a body corporate.

"purchase" includes take on hire, other than for a period not exceeding 6 months, whether or not the hiring is accompanied by an option to purchase, and hire-purchase.

"sell" includes let out on hire, other than for a period not exceeding 6 months, whether or not the hiring is accompanied by an option to purchase, and hire-purchase.

"seller", in relation to manufactured goods, means any person who sells the goods to a consumer.

"statutory warranty" means a warranty that arises by virtue of this Act.

    (2)     This Act—

        (a)     applies to goods that are manufactured either within or outside the Territory;

        (b)     does not apply to or in relation to goods that are manufactured before the date fixed under section 2; and

        (c)     subject to section 6, does not apply to or in relation to manufactured goods that are sold directly by the manufacturer to the consumer.

    (3)     For the purposes of this Act—

        (a)     a person who purchases goods shall be taken to be a consumer of the goods if the goods are of a kind ordinarily purchased for private use or consumption and the person does not purchase the goods, or hold himself or herself out as purchasing the goods, for the purposes of resale; and

        (b)     a reference to a consumer, in relation to manufactured goods, includes a reference to any person who derives title to the goods through or under the consumer.

    (4)     A reference in the definition of “express warranty” to manufactured goods is a reference to manufactured goods that—

        (a)     are sold in the Territory to a consumer; or

        (b)     are delivered, after being sold to a consumer, to that consumer in the Territory.

    (5)     For the purposes of this Act, goods shall be taken to be sold to a consumer notwithstanding that, at the time of sale, they are affixed to land or premises.