Door to Door Trading Regulations 1986

Door to Door Trading Regulations 1986

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, hereby make the following regulations under the Door to Door Trading Act 1986 .

J. PLIMSOLL

Governor

By His Excellency's Command,

JOHN BESWICK

Minister for Consumer Affairs

1.   Short title

These regulations may be cited as the Door to Door Trading Regulations 1986 .

2.   Commencement

These regulations shall take effect on the day fixed by proclamation under section 2(2) of the Door to Door Trading Act 1986 .

3.   Interpretation

(1)  In these regulations, unless the contrary intention appears

the Act means the Door to Door Trading Act 1986 .

(2)  In these regulations, a reference to a form, quoted by a numeral, shall be construed as a reference to such of the forms in Schedule 1 that is so numbered.

4.   Certain contracts not to be prescribed contracts

[Regulation 4 Substituted by S.R. 1987, No. 85, Applied:13 May 1987] For the purposes of section 6(3) of the Act, the following contracts are declared not to be prescribed contracts:

(a) a contract for the supply of goods or services by benevolent organizations which are formed for the relief of poverty or the advancement of religion or which are otherwise involved in charitable activities in the community;

(b) a contract for the supply of motor vehicles.

5.   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 shall 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 shall be in accordance with Form 2 .

6.   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.

7.   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.

8.   Rescission

The Door to Door Sales Regulations 1968 (being Statutory Rules 1968, No. 157), the Door to Door Sales Amendment Regulations 1969 (being Statutory Rules 1969, No. 45), the Door to Door Sales Amendment Regulations 1983 (being Statutory Rules 1983, No. 206), and the Door to Door Sales Amendment Regulations 1984 (being Statutory Rules 1984, No. 99) are rescinded.

SCHEDULE 1 - Forms

Regulation 5

Form 1

Form 2

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

Notified in the Gazette on 3 September 1986

These regulations are administered by the Consumer Affairs Council.