Commonwealth Consolidated Acts

TRADE PRACTICES ACT 1974 - SECT 74A

             (1)  In this Division:

"express warranty" , in relation to goods, means an undertaking, assertion or representation in relation to:

                     (a)  the quality, performance or characteristics of the goods;

                     (b)  the provision of services that are or may at any time be required in respect of the goods;

                     (c)  the supply of parts that are or may at any time be required for the goods; or

                     (d)  the future availability of identical goods, or of goods constituting or forming part of a set of which the goods in relation to which the undertaking, assertion or representation is given or made form part;

given or made in connection with the supply of the goods or in connection with the promotion by any means of the supply or use of the goods, the natural tendency of which is to induce persons to acquire the goods.

"manufactured" includes grown, extracted, produced, processed and assembled.

             (2)  In this Division:

                     (a)  a reference to goods shall, unless the contrary intention appears, be read as a reference to goods of a kind ordinarily acquired for personal, domestic or household use or consumption;

                    (aa)  a reference to a person who acquires goods from a consumer does not include a reference to a person who acquires goods for the purpose of re‑supply;

                     (b)  a reference to the quality of goods includes a reference to the state or condition of the goods;

                     (c)  a reference to antecedent negotiations in relation to the acquisition of goods by a consumer shall be read as a reference to any negotiations or arrangements conducted or made with the consumer by another person in the course of a business carried on by the other person whereby the consumer was induced to acquire the goods or which otherwise promoted the acquisition of the goods by the consumer; and

                     (d)  a reference to the person by whom any antecedent negotiations were conducted shall be read as a reference to the person by whom the negotiations or arrangements concerned were conducted or made.

             (3)  If:

                     (a)  a corporation holds itself out to the public as the manufacturer of goods;

                     (b)  a corporation causes or permits the name of the corporation, a name by which the corporation carries on business or a brand or mark of the corporation to be applied to goods supplied by the corporation; or

                     (c)  a corporation causes or permits another person, in connexion with the supply or possible supply of goods by that other person, or in connexion with the promotion by that other person by any means of the supply or use of goods, to hold out the corporation to the public as the manufacturer of the goods;

the corporation shall be deemed, for the purposes of this Division, to have manufactured the goods.

             (4)  If:

                     (a)  goods are imported into Australia by a corporation that was not the manufacturer of the goods; and

                     (b)  at the time of the importation the manufacturer of the goods does not have a place of business in Australia;

the corporation shall be deemed, for the purposes of this Division, to have manufactured the goods.

             (5)  For the purposes of paragraph (3)(b):

                     (a)  a name, brand or mark shall be deemed to be applied to goods if it:

                              (i)  is woven in, impressed on, worked into or annexed or affixed to the goods; or

                             (ii)  is applied to a covering, label, reel or thing in or with which the goods are supplied; and

                     (b)  if the name of a corporation, a name in which a corporation carries on business or a brand or mark of a corporation is applied to goods, it shall be presumed, unless the contrary is established, that the corporation caused or permitted the name, brand or mark to be applied to the goods.

             (6)  The reference in subsection (5) to a covering includes a reference to a stopper, glass, bottle, vessel, box, capsule, case, frame or wrapper and the reference in that subsection to a label includes a reference to a band or ticket.

             (7)  If goods are imported into Australia on behalf of a corporation, the corporation shall be deemed, for the purposes of this Division, to have imported the goods into Australia.

             (8)  For the purposes of this Division, goods shall be taken to be supplied to a consumer notwithstanding that, at the time of the supply, they are affixed to land or premises.