Door to Door Trading Regulations 2002

Door to Door Trading Regulations 2002

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Door to Door Trading Act 1986 .

9 December 2002

G. S. M. GREEN

Governor

By His Excellency's Command,

JUDY JACKSON

Minister for Justice and Industrial Relations

1.   Short title

These regulations may be cited as the Door to Door Trading Regulations 2002 .

2.   Commencement

These regulations take effect on 1 January 2003.

3.   Interpretation

(1)  In these regulations,

Act means the Door to Door Trading Act 1986 .

(2)  In these regulations, a reference to a form by number is a reference to the form of that number in Schedule 1 .

4.   Prescribed forms for purposes of section 7(1)(g) of Act

(1)  For the purposes of section 7(1)(g)(i) of the Act, a notice explaining the right of a consumer to rescind a prescribed contract is to be in accordance with Form 1.

(2)  For the purposes of section 7(1)(g)(ii) of the Act, a notice that may be used by a consumer to rescind a prescribed contract is to be in accordance with Form 2.

5.   Requirements relating to printing or typewriting of prescribed contracts and certain other documents

For the purposes of section 7(1)(i) of the Act, the printing or typewriting of a prescribed contract and the notices referred to in section 7(1)(g) of the Act must be of a size not smaller than 10 point type.

6.   Services excluded from application of section 8(2) of Act

The supply of a service which, by its nature, is impracticable to delay is a service which is, pursuant to section 8(3) of the Act, excluded from the application of section 8(2) of the Act.

SCHEDULE 1 - Forms

Form 1

Regulation 4(1)

Form 2

Regulation 4(2)

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 18 December 2002

These regulations are administered in the Department of Justice and Industrial Relations.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations prescribe the form of a notice explaining the right of a consumer to rescind a prescribed contract and the form of a notice that may be used by a consumer to rescind a prescribed contract. The regulations also prescribe the requirements for the printing or typewriting of prescribed contracts and exclude the supply of a service, which by its nature is impracticable to delay, from the application of section 8(2) of the Door to Door Trading Act 1986 . They replace the Door to Door Trading Regulations 1986 .