Australian Capital Territory Numbered Acts

DOOR-TO-DOOR TRADING ACT 1991 (NO. 7 OF 1991) - SECT 4

        (a)     negotiations leading to the formation of the contract (whether or not they are the only negotiations that precede the formation of the contract) take place between the consumer and a dealer in each other's presence in the Territory at a place other than trade premises of the supplier; and

        (b)     the dealer attends at that place—

              (i)     in the course of door-to-door trading; and

              (ii)     otherwise than at the unsolicited invitation of the consumer.

(2) Subject to subsection (3), for the purposes of paragraph (1) (b) in determining whether an invitation is solicited or unsolicited, any solicitation by way of—

        (a)     printed or written material delivered but not addressed personally to the consumer; or

        (b)     advertisement addressed to the public or a substantial section of the public;

shall be disregarded, but where an invitation arises from a communication initiated by the supplier or dealer, or a person acting on behalf of the supplier or dealer, the invitation shall not be regarded as unsolicited.

(3) Where an invitation referred to in paragraph (1) (b) arises from a communication initiated by the supplier or dealer, or a person acting on behalf of the supplier or dealer, the invitation shall not be regarded as unsolicited.

(4) This Act does not apply to—

        (a)     a contract made by a consumer in the course of, or in connection with, a business carried on by the consumer; or

        (b)     a contract of a kind excluded by the regulations from the application of this Act.

(5) In proceedings in which it is alleged that a contract for the supply of goods or services is a contract to which this Act applies, the contract shall be presumed to be such a contract in the absence of proof to the contrary.