Fair Trading Act 2010

sections 1 and 2 — on the day on which this Act receives the Royal Assent;

the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

Sections 6 to 9 apply to this Act other than Part 3 and the Australian Consumer Law (WA).

Section 17 applies to the interpretation of terms used in Part 3 and the Australian Consumer Law (WA).

in relation to goods — acquire by purchase or exchange or by taking on lease, on hire or on hire‑purchase; and

in relation to services — accept; and

in relation to an interest in land — acquire by purchase or exchange or by taking on lease, or in any other manner in which an interest in land may be acquired for valuable consideration;

a business not carried on for profit; and

a trade or profession;

a supply of the goods to another person in an altered form or condition; and

a supply to another person of goods in which the first‑mentioned goods have been incorporated;

in relation to goods —

supply (including re‑supply) by way of sale, exchange, lease, hire or hire‑purchase; and

exhibit, expose or have in possession for the purpose of sale, exchange, lease, hire or hire‑purchase or for any purpose of advertisement, manufacture or trade;

in relation to services — provide, grant or render for valuable consideration; and

in relation both to goods and to services — donate for promotional purposes;

In this Act (other than Part 3 and the Australian Consumer Law (WA)) —

a person who purchases or takes on hire or lease, or is a potential purchaser or hirer or lessee of, or borrows money for the purpose of purchasing, goods otherwise than for resale or letting on hire or leasing; or

a person who uses or is a potential user of, or borrows money for the purpose of using, any service rendered for fee or reward; or

a person who purchases or is the potential purchaser of, or borrows money for the purpose of purchasing, an estate or interest in any land or building otherwise than for resale, letting or leasing; or

a person who becomes a tenant or lessee of, or is a potential tenant or lessee of, any land or building or part of a building otherwise than for assignment or underletting.

However, a person who carries on a trade or business is not a consumer for the purposes of subsection (1) in respect of or in relation to —

goods purchased or taken on hire or lease by that person, or of which that person is a potential purchaser, hirer or lessee, in the course of or for the purpose of the carrying on of that trade or business;

a service used by that person, or of which the person is a potential user, in the course of or for the purpose of the carrying on of that trade or business;

an estate or interest in land or a building purchased by that person, or of which the person is a potential purchaser, in the course of or for the purpose of the carrying on of that trade or business;

any land or building or part of a building of which the person becomes the tenant or lessee, or is a potential tenant or lessee, in the course of or for the purpose of the carrying on of that trade or business.

A person who carries on an agricultural, apicultural, pastoral, horticultural, orcharding, viticultural or other farming undertaking does not carry on a trade or business for the purposes of subsection (2).

In this Act (other than Part 3 and the Australian Consumer Law (WA)) —

Without limiting the generality of subsection (1), the definition of services includes the rights, benefits, privileges and facilities that are, or are to be, provided, granted or conferred under —

a contract for or in relation to —

the performance of work (including work of a professional nature), whether with or without the supply of goods; or

the provision of gas or electricity or the provision of any other form of energy; or

the provision for reward of lodging or accommodation; or

the provision, or making available for use, of facilities for amusement, entertainment, recreation or instruction; or

the conferring of rights, benefits or privileges for which remuneration is payable in the form of a royalty, tribute, levy or similar exaction;

a contract of insurance; or

a contract between a banker and a customer of the banker entered into in the course of the carrying on by the banker of the business of banking; or

a contract for or in relation to the lending of money.

The definition of services does not include rights or benefits being the supply of goods or the performance of work under a contract of service.

Legal services as defined in the Legal Profession Uniform Law (WA) section 6(1) are not services for the purposes of this section.

In this Act (other than Part 3 and the Australian Consumer Law (WA)), unless the contrary intention appears —

a reference to the supply or acquisition of goods includes a reference to agreeing to supply or acquire goods; and

a reference to the acquisition of goods includes a reference to the acquisition of property in, or rights in relation to, goods upon a supply of the goods; and

a reference to the supply or acquisition of services includes a reference to agreeing to supply or acquire services; and

a reference to the supply or acquisition of goods includes a reference to the supply or acquisition of goods together with other property or services, or both; and

a reference to the supply or acquisition of services includes a reference to the supply or acquisition of services together with goods or other property or other services; and

a reference to the disposal or acquisition of an interest in land includes a reference to the disposal or acquisition of such an interest together with goods or services; and

a reference to goods or services includes a reference to goods and services; and

a reference to the disposal or acquisition of an interest in land includes a reference to agreeing to dispose of or acquire such an interest, whether or not the agreement is in writing or evidenced by writing.

For the purposes of this Act (other than Part 3 and the Australian Consumer Law (WA)) —

the obtaining of credit by a person in connection with the acquisition of goods or services by the person is an acquisition by the person of services; and

any amount by which the price of the goods or services is increased because credit was obtained is the price of the services represented by the obtaining of credit.

In this Act (other than Part 3 and the Australian Consumer Law (WA)) —

a reference to engaging in conduct is to be read as a reference to doing or refusing to do any act, including —

the making of, or the giving effect to a provision of, a contract or arrangement; or

the arriving at, or the giving effect to a provision of, an understanding;

a reference to conduct, when that expression is used as a noun otherwise than as mentioned in paragraph (a), is to be read as a reference to the doing of or the refusing to do any act, including —

the making of, or the giving effect to a provision of, a contract or arrangement; or

the arriving at, or the giving effect to a provision of, an understanding;

a reference to refusing to do an act includes —

a reference to refraining (otherwise than inadvertently) from doing the act; and

a reference to making it known that the act will not be done;

a reference to a person offering to do an act, or to do an act on a particular condition, includes a reference to the person making known a willingness to accept applications, offers or proposals for the person to do the act or to do that act on the condition.

In this Act (other than Part 3 and the Australian Consumer Law (WA)) —

a reference to loss or damage, other than a reference to the amount of any loss or damage, includes a reference to injury; and

a reference to the amount of any loss or damage includes a reference to damages in respect of an injury.

In this Act (other than Part 3 and the Australian Consumer Law (WA)), a reference to the making of a representation includes a reference to the publishing of a statement.

This Act binds the Crown not only in right of Western Australia but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

This Act applies to and in respect of the Crown in any of its capacities to the same extent as if the Crown were, in that capacity, a body corporate.

Nothing in this Act makes the Crown in any capacity liable to be prosecuted for an offence.

The protection in subsection (3) does not apply to an authority of the Crown.

This section is subject to Part 3 Division 4.

This Act applies to and in respect of an acquisition or supply or the proposed acquisition or supply of goods or services, or the disposal or proposed disposal of an interest in land —

if the person by or to whom the goods or services are or are proposed to be acquired or supplied signs in Western Australia a document relating to the acquisition or supply or the proposed acquisition or supply; or

if the person by or to whom the interest in land is or is proposed to be disposed of signs in Western Australia a document relating to the disposal or the proposed disposal of that interest; or

if that person does not so sign such a document, if the goods or services are or are proposed to be delivered or supplied, or that land is situated, in Western Australia.

Subsection (1) applies —

despite anything to the contrary in any other Act or law; but

except as otherwise expressly provided in or under this Act.

This Act applies to and in relation to —

persons carrying on business within this jurisdiction; or

bodies corporate incorporated or registered under the law of this jurisdiction; or

persons ordinarily resident in this jurisdiction; or

persons otherwise connected with this jurisdiction.

Subject to subsection (3), this Act extends to conduct, and other acts, matters and things, occurring or existing outside or partly outside this jurisdiction (whether within or outside Australia).

This Act applies to a contract in the following circumstances, despite the terms of the contract —

if the proper law of a contract for the supply of goods or services to a consumer would, but for a term that it should be the law of some other place or a term to the like effect, be the law of Western Australia;

if a contract for the supply of goods or services to a consumer contains a term that purports to substitute, or has the effect of substituting, provisions of the law of some other country or of another State or of a Territory for all or any of the provisions of this Act.

This section is subject to section 24.