Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears —
business includes a trade or profession;
commencement day means the day fixed under
section 2;
consumer means a person (not being a body
corporate) to whom goods or services are, or are to be, supplied under a
contract or proposed contract to which that person is, or is to be, a party;
cooling-off period in relation to a prescribed
contract means the period of 10 days commencing on and including the day
on which the contract is made;
contract to which this Act applies means a
contract to which this Act applies by virtue of section 4;
credit includes any form of financial
accommodation;
dealer means a person who, in the course of door
to door trading —
(a)
enters into negotiations with another person with a view to the making of a
contract for the supply of goods or services to that other person; or
(b)
calls on another person for the purpose of entering into such negotiations,
(whether or not that person is or is to be the
supplier of the goods or services);
door to door trading means the trading practice
under which —
(a) a
person —
(i)
goes from place to place; or
(ii)
makes telephone calls,
seeking out persons
who may be prepared to enter, as consumers, into contracts for the supply of
goods or services; and
(b) that
person or some other person then or subsequently enters into negotiations with
those prospective consumers with a view to the making of such contracts;
goods includes anything growing on, or attached
to, land that is severable from the land;
negotiation includes any discussion or dealing
directed towards the making of a contract (whether or not the terms of the
contract are open to negotiation); and to negotiate has a corresponding
meaning;
prescribed contract has the meaning assigned by
section 6;
public holiday means a public holiday under the
Public and Bank Holidays Act 1972 ;
related contract or instrument in relation to a
contract to which this Act applies means —
(a) a
contract of guarantee or indemnity that is related to the contract;
(b) an
instrument related to the contract that creates a mortgage or charge in favour
of the supplier or dealer, or a person nominated by the supplier or dealer; or
(c) any
other contract or instrument (not being an instrument of the kind referred to
in paragraph (b)) that is collateral or related to the contract;
rescission in relation to a contract means
avoidance of the contract as from its beginning;
services includes rights or benefits of any kind
except the supply of goods;
supplier in relation to a contract or proposed
contract for the supply of goods or services, means the person by whom the
goods or services are, or are to be, supplied under the contract or proposed
contract;
supply includes —
(a) in
relation to goods, the conferral of a right to goods or a right the possession
or use of goods;
(b) in
relation to services, the conferral of a right to services;
trade premises , of a supplier, means premises
that constitute an established place of business of the supplier, or an agent
of the supplier.
(2) In this
Act —
(a) a
reference to the supply of goods or services extends to the supply of both
goods and services;
(b) a
reference to the consumer or supplier under a contract for the supply of goods
or services extends to any person to whom the rights of the original consumer
or supplier under the contract are assigned or transferred, or pass by
operation of law; and
(c) a
reference to negotiation of a contract to which this Act applies is a
reference to negotiation of a contract that would, on its formation, be a
contract to which this Act applies.
(3) For the purposes
of this Act, a contract is a contract for the supply of goods or services to a
person (being a party to the contract) if it provides for the supply of goods
or services either to that person or to some other person but on the order of
that person.