Australian Capital Territory Numbered Acts

DOOR-TO-DOOR TRADING ACT 1991 (NO. 7 OF 1991) - SECT 6

6. (1) A contract to which this Act applies is a prescribed contract if the total consideration payable by the consumer under, or in respect of, the contract—

        (a)     is not ascertainable at the time of the making of the contract; or

        (b)     is ascertainable at the time of the making of the contract and exceeds $50, or if another amount is prescribed, that amount.

(2) Where—

        (a)     2 or more contracts relate substantially to the same transaction; and

        (b)     the transaction could have been effected by a single contract which would in that case, have constituted a prescribed contract;

then each of the contracts that would not, if it stood alone, constitute a prescribed contract becomes a prescribed contract and, for the purpose of ascertaining the cooling-off period in relation to such a contract, it shall be deemed to have been made when the last of the contracts was made.

(3) The following are not prescribed contracts:

        (a)     a contract of insurance;

        (b)     a contract solely for the provision of credit;

        (c)     a contract for the supply of goods or services by a charitable organisation;

        (d)     a contract of a kind declared by the regulations not to be a prescribed contract.

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

(5) In subsection (3)—