Fair Trading Act 2010

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.