Consumer Protection (Fair Trading) Act |
(CHAPTER 52A) |
(Original Enactment: Act 27 of 2003)
REVISED EDITION 2009 |
(31st July 2009) |
An Act to protect consumers against unfair practices and for matters connected therewith. |
[1st March 2004] |
Short title |
1. This Act may be cited as the Consumer Protection (Fair Trading) Act. |
Interpretation |
Application of Act |
3. This Act shall not apply unless —
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Meaning of unfair practice |
4. It is an unfair practice for a supplier, in relation to a consumer transaction —
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Circumstances surrounding unfair practice |
5.—(1) An unfair practice may occur before, during or after a consumer transaction.
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Consumer’s right to sue for unfair practice |
6.—(1) A consumer who has entered a consumer transaction involving an unfair practice may commence an action in a court of competent jurisdiction against the supplier.
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Jurisdiction and powers of courts |
7.—(1) Notwithstanding section 5(1) of the Small Claims Tribunals Act (Cap. 308), a Small Claims Tribunal shall have jurisdiction to hear and determine —
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Voluntary compliance agreement |
8.—(1) Where there are reasonable grounds for believing that a supplier has engaged, is engaging or is likely to engage in an unfair practice, a specified body may invite the supplier to enter into a voluntary compliance agreement.
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Declaration or injunction |
9.—(1) Where a supplier has engaged, is engaging or is likely to engage in an unfair practice, the District Court or High Court may, on the application of a specified body —
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Injunction Proposals Review Panel |
10.—(1) The Minister may, by notification in the Gazette, appoint an Injunction Proposals Review Panel consisting of —
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Right to cancel certain contracts within cancellation period |
11.—(1) The Minister may make regulations prescribing that a consumer who, in relation to a consumer transaction, has entered into a contract falling within any class of contracts specified in the regulations may cancel the contract within a cancellation period specified in the regulations.
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Limitation period |
12.—(1) No action under section 6 shall be commenced later than 2 years from —
[15/2008]
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No contracting out |
13.—(1) The provisions of this Act shall prevail notwithstanding any agreement to the contrary and any term contained in a contract is void, if and to the extent that it is inconsistent with the provisions of this Act.
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Rights transferred |
14. Where, other than in the course of business, an individual, as heir or assignee of a consumer, receives goods or services, that individual has the same rights as the consumer to seek and obtain redress from the supplier under this Act. |
Preservation of other rights or remedies |
15.—(1) Subject to subsection (2), nothing in this Act shall restrict, limit or derogate from any right or remedy that a consumer may have apart from this Act.
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Exemption from liability for publishers |
16. A person who, on behalf of a supplier, prints, publishes, distributes, broadcasts or telecasts an advertisement in good faith and in the ordinary course of his business shall not be liable under this Act in respect of any statement, representation or omission in that advertisement. |
Parol evidence rule abolished |
17.—(1) Notwithstanding sections 93 and 94 of the Evidence Act (Cap. 97), parol or extrinsic evidence establishing the existence of an express warranty is admissible in any action relating to a consumer transaction between a consumer and a supplier even though it adds to, varies or contradicts a written contract.
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Interpretation of documents |
18. If a consumer and a supplier enter into a consumer transaction and —
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Burden of proof |
18A.—(1) If, in any proceedings taken in any court between a consumer and a supplier in relation to a consumer transaction, any dispute arises as to whether the supplier has complied with any specified requirement of this Act or the regulations made thereunder, the burden of proving that the supplier has so complied shall be on the supplier. [15/2008]
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Amendment of Schedules |
19. The Minister may, by order published in the Gazette, amend the Schedules. |
Regulations |
20.—(1) The Minister may make such regulations as may be necessary or expedient for the purposes of this Act.
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