Victorian Numbered Acts

FAIR TRADING AND OTHER ACTS AMENDMENT ACT 2009 (NO. 19 OF 2009) - SECT 10

After section 32ZD of the Fair Trading Act 1999 insert —

        " 32ZDA     Presumption that this Part applies to a contract

    (1)     If it is alleged in any proceeding under this Part or in any other proceeding in respect of a matter arising under this Part that a contract is a consumer contract or a standard form contract to which this Part applies, it is to be presumed, unless the contrary is established, that this Part applies to the contract.

    (2)     A presumption under subsection (1) does not apply in respect of any criminal proceedings against a natural person.".