FAIR TRADING  ACT , 2022
(Act 12 of 2022)
ARRANGEMENT  OF SECTIONS
SECTIONS
PART I
PRELIMINAR Y
1. Short title and commencement
2. Interpretation
3. Application of this Act
4. Exemption from application of this Act
PART II
ADMINISTRA TION OF  THE ACT
Chapter I
Fair T rading Commission
5. Establishment of Fair Trading Commission
6. Functions of Commission
7. Chief Executive Of ficer
8. Functions of Chief Executive Of ficer
9. Seal and presumption of documents of Commission
10. Staff of Commission
11. Investigators
12. Relations with other regulatory authorities
13. Guidelines by Commission
Chapter II
Fair T rading T ribunal
14. Establishment of Fair Trading Tribunal
15. Composition of the Tribunal
16. Functions of Chairperson of Tribunal
17. Salary , allowances, etc., of members of Tribunal
18. Resignation or removal of members of Tribunal
19. Appointment of acting member due to temporary absence of a 
member of Tribunal[20th June 2022] Supplement to Official Gazette 23920. Incomplete proceedings on resignation or removal of members of 
Tribunal
21. S taff of Tribunal
22. Functions of Tribunal
23. Seal of the Tribunal
24. Tribunal may refer any question of law to Supreme Court
25. Indemnity of members of Tribunal
26. Guidelines and practice notes for members of Tribunal
Chapter III
Appointment of Expert s, Disclosure of Information and Fund, etc.
27. Appointment of experts to assist Commission
28. Disclosure of interests
29. Confidential information
30. Funds of Commission
31. Accounts and audit
32. Annual reports
PART III
ENFORCEMENT  PROVISIONS
Chapter I
Complaint s and Investigations
33. Initiation of complaints
34. Determination of complaints whether to investigate or not
35. Determination of complaints whether to refer to Tribunal for 
adjudication
36. Limitation of bringing complaint
37. Powers of Commission in relation to investigation of complaints
38. Power to search and seize on warrant
39. Power to enter any premises to prevent injury
40. Power to enter and inspect premises to ascertain compliance with 
this Act
41. Imposition of fixed penalties in certain cases
42. Compounding of of fence
43. Order of Supreme Court preventing any person from leaving 
Seychelles
44. Right of any person to claim confidentiality240                  Supplement to Official Gazette   [20th June 2022]Chapter II
Adjudication by T ribunal
45. Hearings before Tribunal
46. Right to participate in hearing Before Tribunal
47. Power of Tribunal to summon or direct any person to appear or 
produce documents, etc.
48. Rules of procedure of Tribunal
49. Obligation of witnesses
50. Costs
51. Standard of proof
52. Grant of interim relief
53. Decision of Tribunal
54. Order for financial penalty by Tribunal
55. Immunity against financial penalty for prohibited conduct relating 
to competition
56. Orders for loss or damage by Tribunal
57. Publication of decision of Tribunal
58. Rectification of errors
59. Appeal to Supreme Court
60. Enforcement of orders of Tribunal
Chapter III
Undert aking and Settlement
61. Undertaking by enterprise
62. Confirmation of settlements by Tribunal
PART IV
CONSUMER PROTECTION
Chapter I
Right to Fair , Just and Reasonable T erms and Conditions
63. Unfair , unreasonable or unjust contract terms
64. Assessment of unfairness of transaction or agreement
65 Unfair terms of transaction or agreement not enforceable
66. Terms not individually negotiated
67. V oid terms
68. Written terms to be plain and intelligible
69. Governing law[20th June 2022] Supplement to Official Gazette 241Chapter II
Right to Disclosure of Information
70. Information to be in plain and understandable language
71. Warning concerning fact and nature of risks
72. Disclosure of prices of goods or services
73. Selling above displayed price and multiple pricing
74. Product labelling and trade description
75. Liability for damage caused by goods not complying with 
prescribed trade description requirements
76. Prohibition of supply without displaying shelf-life
77. Receipts of each transaction to be provided to consumer
78. Full cost to be stated in certain cases
79. Identification of deliverers, installers and others
Chapter III
Right to Fair and Responsible Marketing
80. General standards for advertisement of goods and services
81. Prohibition of bait advertising
82. Regulation of distance selling
83. Prohibition of referral selling
84. Restrictions on promotion of sales
Chapter IV
Right to Fair and Honest Dealing
85. Misleading or deceptive conduct in relation to goods and services
86. Prohibition of false representation
87. Inequitable conduct in consumer transactions
88. Offering gifts, prizes and free of fers
89. Dishonestly accepting payment
90. Prohibition of pyramid selling scheme
91. Prohibition of over -selling and over -booking
92. Consumer's right to cancel advance reservation, booking or order
Chapter V
Supplier's Account ability to Consumers
93. Consumer's right to assume supplier is entitled to sell goods
94. Availability of spare parts242                  Supplement to Official Gazette   [20th June 2022]95. Return of parts and materials
96. Products as parts of other goods
97. Lay-bys
Chapter VI
Right to Choose
98. Unsolicited goods or services
99. Rules applying to cancellation of contract
Chapter VII
Right to Safety
100. General safety requirements
101. Liability for damages caused by goods not complying with general 
safety requirement
102. Recovery and safe disposal of designated products or components
103. Prohibition on the exclusion of liability
Chapter VIII
Right to Fair V alue, Good Quality and Safety for Performance
 of Services and Supply of Goods
104. Standards for performance of services
105. Liability for damage due to failure to perform services to required 
standard
106. W arranties
107. Warranty for unsuitable, defective and unsafe product
108. Warranty on new or reconditioned parts installed during repairs or 
maintenance work
109. Liability for damage caused by unsafe, unsuitable and defective 
goods
110. Unidentified manufacturer
111. Prohibition on exclusion of liability
Chapter IX
Protection of Consumer's Right s
112. Prohibition of notice to disclaim liability or right
113. Prohibition of supplier action against consumer for asserting rights[20th June 2022] Supplement to Official Gazette 243114. Liability for contravening or conspiring to contravene the Act
115. Prohibition and warning notices
116. Notice to produce information
117. Compulsory recall of goods
118. Compliance programme
119. Compliance notice
120. Compulsory compliance with notices
121. Liability for loss or damage due to non-compliance
122. V oluntary recall
123. Liability of insurer in certain cases
124. Review of notices by Tribunal
PART V
FAIR COMPETITION
125. Abuse of a dominant position
126. Restrictive horizontal practices
127. Restrictive vertical practices
128. Grant of authorisation
129. Register of authorisation
130. Revocation or amendment of authorisation
131. Mer ger defined
132. Thresholds and categories of mer gers
133. Application to Commission for mer ger
134. Conditions for mer ger
135. Factors to be considered in determining mer ger
136. Determination of proposed mer ger
137. Consideration upon finding of adverse ef fects on competition
PART VI
MARKET  INQUIRIES
138. Market inquiry
PART VII
OFFENCES AND PENAL TIES
139. Offences and penalties244                  Supplement to Official Gazette   [20th June 2022]PART VIII
MISCELLANEOUS
140. Application of Penal Code
141. Protection of action taken in good faith
142. Regulations
143. Repeal and savings
144. T ransitional provisions
SCHEDULE - Contract terms deemed unfair  if not individually 
negotiated[20th June 2022] Supplement to Official Gazette 245I assent
Wavel Ramkalawan
President
th13  June, 2022
FAIR TRADING  ACT , 2022
(Act 12 of 2022)
AN ACT  TO CONSOLIDA TE AND REVISE THE LA W RELA TING TO FAIR TRADING , 
COMPETITION AND CONSUMER PROTECTION AND TO REPEAL  THE F AIR 
TRADING COMMISSION ACT  (CAP  267), THE F AIR COMPETITION ACT  (CAP  266) 
AND THE CONSUMER PROTECTION ACT  (CAP  257) AND TO PROVIDE FOR 
MATTERS CONNECTED THEREWITH OR INCIDENT AL THERET O.
ENACTED  by the President and the National Assembly .
Short title and commencement
1. This Act may be cited as the Fair Trading Act, 2022 and  shall 
come into operation on such date as the President may , by notice in the 
Gazette, appoint.246                  Supplement to Official Gazette   [20th June 2022]Interpr etation
2.  In this Act, unless the context otherwise requires  —
“acquire”, in relation to  —
(a) goods, includes to obtain by way of gift, purchase or 
exchange, lease, hire or hire purchase; and
(b) services, includes to accept the rendering or performance 
of those services;
“advertisement” means any direct or indirect visual or oral 
communication transmitted by any medium, or any 
representation or reference written, inscribed, recorded, encoded 
upon or embedded within any medium by means of which a 
person seeks to  —
(a) bring to the attention of all or part of the public  —
(i) the existence or identity of a supplier; or
(ii) the existence, nature, availability , properties or 
advantages of any goods or services that are 
available for supply;
(b) promote the supply of any goods or service, or promote 
any cause, and the term “advertise” shall be construed 
accordingly;
“agent” means a person who acts on behalf of, or operates under 
the authority of, a corporation, enterprise, business or 
individual;
“agreement” includes any arrangement or understanding, 
whether oral or in writing, or whether or not, it is or is intended 
to be legally enforceable;
“assets”, in relation to an enterprise, includes physical assets, 
businesses, shares and other financial securities, brands and [20th June 2022] Supplement to Official Gazette 247other intangible assets including goodwill, intellectual property 
rights and know how;
“business” means the carrying on of any commercial activity for 
gain or reward; and includes  —
(a) a trade or profession and the activities of a professional or 
trade association or of a public body;
(b) manufacturing, producing, transporting, acquiring, 
supplying, storing or otherwise dealing in goods for gain 
or reward; and
(c) acquiring, supplying or otherwise dealing in services for 
gain or reward;
“Chief Executive Of ficer” means the Chief Executive Of ficer 
appointed under section 7(1);
“Commission” means the Fair Trading Commission established 
by section 5(1);
“complainant” means  —
(a) a person, who has filed a complaint with the Commission 
under section 33(2);
(b) the Commission, in respect of a complaint  that it has 
initiated under section 33(1);
“confidential information” means trade, business, commercial or 
industrial information that belongs to an enterprise and has a 
particular economic value, and is not generally available to or 
known by others;
“consumer”, in relation to any particular goods or service, 
means a person who has entered into a transaction with a 
supplier within the ordinary course of supplier's business; 
“defect”, in relation to any goods or a serv ice, means  —248                  Supplement to Official Gazette   [20th June 2022](a) any material imperfection in the ma nufacture of the goods 
or components thereof, or in the performance of the 
service, that renders the goods or the results of the service 
less acceptable than persons generally would be 
reasonably entitled to expect in the circumstances; or
(b) any characteristic of the goods or components thereof that 
renders the goods or components less useful, impractical or 
safe than persons would generally be reasonably entitled to 
expect in the circumstances,
and the term “defective” shall be construed accordingly;
“Deputy Chief Executive Of ficer” means the Deputy Chief 
Executive Of ficer appointed under section 7(1);
“document” includes  —
(a) anything on which there is writing;
(b) a map, plan, drawing or photograph;
(c) anything from which sounds or visual images are capable 
of being reproduced; and
(d) any record created, stored, generated, received or 
communicated by electronic or elect romagnetic means;
“enterprise” means a person, firm, partnership, corporation, 
company , association or other juridical person, engaged in 
commercial activities for gain or rewa rd, and includes its 
branches, subsidiaries, af filiates or other entities directly or 
indirectly controlled by it;
“facility” means any premises, space or equipment set up to 
fulfil a particular function, or at, in, or on which a particular 
service is available;
“goods” includes substances, growing crops and things [20th June 2022] Supplement to Official Gazette 249comprised in land by virtue of being attached to land, and any 
ship, aircraft or vehicle;
“hazard” or “hazardous” means a characteristic  —
(a) that has been identified as, or declared to be a hazard under 
any written law; or
(b) that presents a significant risk of personal injury to any 
person, or damage to property , when the goods are utilised;
“importer”, in relation to any particular goods, means a person 
who brings the goods, or causes the goods to be brought, into 
Seychelles from outside, with the intenti on of making the goods 
available for supply in the ordinary course  of business;
“inequitable” means not fair or just and contrary to the 
principles of equity;
“manufacturer” means any person who  —
(a) makes any goods;
(b) assembles or joins goods; or
(c) adapts for sale or repairs any goods;
“market” means an actual or nominal place where forces of 
demand and supply operate, and where buyers and  sellers 
interact (directly or through intermediaries) to trade goods, 
services, or contracts or instruments, for money;
“member of the Tribunal” means the Chairperson and the other 
members appointed under section 14(7);
“Minister” means the Minister responsible for trade;
“participant” means a person participating in, or conducting 
business within an industry as a supplier;250                  Supplement to Official Gazette   [20th June 2022]“personal injury” includes disease and other impairments of a 
person's physical or mental condition;
“prescribed” means prescribed by regulat ions made under this 
Act;
“producer”, in relation to particular  goods, means  —
(a) the person who manufactures the goods;
(b) in the case of a substance which has not been 
manufactured but has been won or abstracted, the person 
who or which won or abstracted the substance;
(c) in the case of a product which has not been manufactured, 
won or abstracted but initial characteristics of which are 
attributable to an industrial or other process having been 
carried out, the person who or which carried out that 
process;
“prohibited conduct” means an act or omission in contravention 
of any of the provisions of Part IV  or  V;
“price” includes any char ge or fee, by whatever name called, 
payable in connection with the provision of goods or a service;
“publish”, in relation to an advertisement means a publication 
intended for sale or public distribution (whether to the public 
generally or to a restricted class or number of persons) or for 
public display (including in an electronic form);
“respondent” means a person, whether natural or juristic, against 
whom a complaint is filed or investigation has been initiated 
under this Act;
“regulatory authority” means a public authority or a public body 
that exercises any functions of prudential, technical or economic 
regulation on the basis of statutory powers;[20th June 2022] Supplement to Official Gazette 251“repair”, in relation to goods that do not conform to a contract, 
means making them to conform;
“safe”, in relation to any goods, means that there is no risk, apart 
from one reduced to a minimum, that any of the following  —
(a) goods;
(b) keeping, use or consumption of the goods;
(c) assembly of any of the goods which are, or are to be, 
supplied unassembled;
(d) emission or leakage from the goods or , from anything else 
as a result of the keeping, use or consumption of the goods;
(e)  reliance on the accuracy of any measurements, calculation 
or other reading made by or by means of the good s,
will, whether immediately or after a definite or indefinite period 
not cause the death of, or any personal injury to, any person;
“service” means any work or undertaking performed by a person 
for the direct or indirect benefit of another , in the business or 
occupation of the supplier , whether or not the service is together 
with or separate from goods, but does not include the rendering 
of any service free of char ge or under a contract of personal 
service;
“settlement” means an agreement or decision that ends a 
dispute;
“share” means a share in the share capital of a company or other 
body corporate, whether or not it carries the right to vote at 
general meetings, and includes  —
(a) a beneficial interest in such share:
(b) a power to exercise, or control the exercise of, a right to 252                  Supplement to Official Gazette   [20th June 2022]vote attaching to such share that carries the right to vote at 
meetings of the company;
(c) a power to acquire or dispose of, or control the acquisition 
or disposition of, such share; or
(d) a perpetual debenture and perpetual debenture stock;
“shelf-life”, in relation to any goods, means the length of time 
for which an item remains usable, fit for consumption, or 
saleable and includes the expiry date, sell-by date, best-before 
date or similar other date, stated in relation to goods, being the 
date after which the goods are considered unsuitable for sale, 
use or consumption;
“substance” means any natural or artificial material, whether in 
solid, liquid or gaseous form or in the form of a vapour , and 
includes substances that are comprised in or mixed with other 
goods;
“supply”  —
(a)  in relation to goods, includes  —
(i) to supply or re-supply by way of sale, rent, 
exchange, lease, hire or hire-purchase or disposal of 
goods by any other means or an interest therein or a 
right thereto; or
(ii) to of fer to sell, rent, exchange, lease, hire or 
otherwise dispose of such goods, right or interest;
(b) in relation to a service, includes to provide, grant or confer 
the service or to of fer to provide, grant or confer such 
service otherwise than under a contract of employment,
and the term “supplier” shall be construed accordingly .
Explanation. —  In this definition, “contract of employment” 
means a contract of service or apprenticeship, whether expressed [20th June 2022] Supplement to Official Gazette 253or implied, and, if it is express, whether it  is oral or in writing as 
set out in section 21 of the Employment Act (Cap 69);
“trade” means the carrying on of business, industry , profession, 
occupation or an act relating to the supply or acquisition of 
goods or services in Seychelles;
“trade description” means  —
(a) any description, statement or other direct or indirect 
indication, other than a trademark, as to  —
(i) the number , quantity , measure, weight or gauge of 
any goods;
(ii) the ingredients of which any goods consist, 
composition, contents of any goods, or material of 
which any goods are made;
(iii) the mode of manufacturing, processing or producing 
any goods;
(iv) the name of the producer of any goods;
(v) the place or country of origin of any goods;
(vi) the design, construction, finish or packaging of the 
goods;
(vii)  the shelf-life of the goods;
(viii) any goods being the subject of any patent privilege 
or copyright; or
(b) any figure, work or mark other than a trademark, that, 
according to the custom of the trade, is commonly 
understood to be an indication or any matter referred to in 
paragraph (a);254                  Supplement to Official Gazette   [20th June 2022]“Tribunal” means the Fair Trading Tribunal established under 
section 14(1);
“undertaking” means a commitment, promise or other future 
conduct that a person or enterprise provides to the Commission 
in order to address any concern raised by the Commission that 
has arisen or is likely to arise;
“unit price” means the price of a standard amount of any goods, 
as to weight or volume.
Application of this Act
3.(1) This Act, in relation to competition, shall apply to all economic 
activity in, or having an ef fect in Seychelles.
(2) This Act, in relation to consumer protection, shall apply to the 
marketing and supply of all goods and services otherwise than for the 
purposes of resale and use in the production or manufacture of any other 
goods or articles for sale, irrespective of whether any of those goods or 
services are of fered or supplied in conjunction with or separate from any 
other goods or services.
(3) This Act shall bind the Republic to the extent that the Republic 
engages in trade or business for the production or supply of goods and 
services in a market in Seychelles which is open to participation by other 
enterprises.
(4) This Act does not apply to  —
(a) services to be supplied under a contract of employment;
(b) concerted conduct designed to achieve a non-commercial 
socio-economic objective or similar purpose;
(c) the exercise of any rights by virtue of any copyright, 
patent, registered design, trademark and other related 
intellectual property rights, except where the Commission 
is satisfied that the exercise of those ri ghts  —[20th June 2022] Supplement to Official Gazette 255(i) has the ef fect of preventing, restricting or distorting 
competition in a market; and
(ii) impedes the transfer and dissemination of 
technology;
(d) any practice or agreement approved or required under an 
international agreement to which Seychelles is a party .
(5) Part IV  and sections 131 to 137 (both inclusive) shall not apply 
to  —
(a) a financial institution, as defined under the Financial 
Institutions Act (Cap 79); and
(b) a financial services business, as defined under section 2 of 
the Financial Services Authority Act, 2013 (Act 19 of 
2013).
(6) This Act applies  to a matter , irrespective  of whether  the supplier  —
(a) resides or has its principal of fice in or outside Seychelles;
(b) operates on a for -profit basis or otherwise;
(c) is an individual, juristic person, partnership, trust, the 
Republic, a public authority or a public body , a person 
contracted or licensed by the Republic or a public body  to 
offer or supply any goods or services, or is a public-private 
partnership; or
(d) holds a licence or is required to hold a licence  under any 
written law to supply the particular goods or  services 
available to all or part of the Republic.
(7) Except as specifically provided  or implied,  this Act,  shall  not  
be construed as  —
(a) overriding any provision of any other law;256                  Supplement to Official Gazette   [20th June 2022](b) exempting any person from any duty or obligation 
imposed by or under any other law; or
(c) prohibiting any person from complying with any provision 
of any other Act.
(8) Where it is alleged in any proceedings under this Act that a 
person is a consumer in relation to particular goods or a service, it shall be 
presumed, unless the contrary is proved, that the person is a consumer in 
relation to those goods or that service.
Exemption fr om application of this Act
4.(1) The Minister may , by order , on the application of a regulatory 
authority , exempt any sector or industry or any class of su ppliers or any class 
of goods or services or transactions from the application of this Act or any 
provisions of this Act relating to consumer protection and imposing 
conditions for that exemption, on the grounds that those provisions overlap 
or duplicate a regulatory scheme administered by that regulatory authority 
under  —
(a) any other written law; or
(b) any treaty , international law , convention or protocol to 
which Seychelles is a party .
(2) The Minister , in consultation with the Commission, may , by 
notice published in the Gazette, grant the exemption  —
(a) to the extent that the relevant regulatory scheme meets the 
requirement of the relevant provisions of this Act; and
(b) subject to such limits or conditions as may be considered 
necessary to meet the requirement of the relevant 
provisions of this Act.
(3) If any goods are supplied in Seychelles to any person under a 
transaction that is exempt from the application of the provisions of consumer 
protection under this Act, those goods, and the supplier of those goods, shall 
be exempted.[20th June 2022] Supplement to Official Gazette 257PART II
ADMINISTRA TION OF  THE ACT
Chapter I
Fair T rading Commission
Establishment of Fair  Trading Commission
5.(1) There is hereby established a Commission known as the Fair 
Trading Commission, which shall be a body corporate.
(2) The Commission shall independently perfor m its functions 
under this Act.
(3) In the performance of its functions, the Commission  —
(a) shall have regard to international developments in the field 
of consumer protection and competition; or
(b) may consult any person, or ganisation or institution with 
regard to any matter under this Act.
Functions of the Commission
6.(1) The Commission shall administer and enforce this Act.
(2) Without prejudice to subsection (1), the Commission may  —
(a) establish compliance programs with provid ers of goods 
and services;
(b)  carry out such market inquiry , inspection, monitoring or 
investigations into the conduct of enterprises as it may 
consider necessary to detect and prevent prohibited 
conduct;
(c) negotiate and recommend undertakings an d settlements 
before the Tribunal;
(d) promote alternative methods of dispute resolution under 
this Act;258                  Supplement to Official Gazette   [20th June 2022](e) investigate any complaint of alleged contravention of this 
Act or refer any such complaint to another regulatory 
body;
(f) co-operate with other regulatory bodies, consumer interest 
groups and other entities for the purpose of enforcing 
consumer protection and fair competition;
(g) conduct education and advocacy programs;
(h) undertake research and publish reports and information on 
matters af fecting the interests of consumers and 
enterprises;
(i) assist in developing and promoting the standards of 
conduct for ensuring good business practices;
(j) provide information for the guidance of consumers 
regarding their rights and the responsibili ties of enterprises 
under this Act;
(k) issue and enforce compliance notices, warning notices, 
notices for information submission and prohibition 
notices;
(l) make recommendations to the Government on the actual or 
likely anti-competitive ef fects or consumer protection 
issues that arise out of policies and, where appropriate, 
how to avoid those ef fects;
(m) advise the Government on laws af fecting competition and 
consumer protection;
(n) liaise with and exchange information, knowledge and 
expertise with authorities of other countries entrusted with 
functions similar to those of the Commission;
(o) deal with any matter referred to it by the Tribunal, 
Minister , and any other regulator;[20th June 2022] Supplement to Official Gazette 259(p) impose such fees as may be required under this Act.
(3) While performing its functions, the Commission shall  —
(a) promote and maintain ef fective competition in the 
economy;
(b) promote the provision of a wide variety of qua lity goods 
and services in Seychelles;
(c) promote the improvement of standards and quality of 
goods and services supplied by service providers and 
business enterprises;
(d) ensure the safeguarding of the interests of c onsumers;
(e) promote consumer confidence, empowerment and the 
development of a culture of consumer responsibility;
(f) take such actions as it considers necessary to prevent  —
(i) the abuse of a dominant position by an enter prise
(ii) anti-competitive practices and agreements; or
(iii)  control anti-competitive mer gers.
Chief Executive Officer  and Deputy Chief Executive Officer
7.(1) The President in consultation with the Minister shall appoint a 
Chief Executive Of ficer and Deputy Chief Executive Of ficer for a term of 5 
years, on such terms and conditions as may be determined by the President.
(2) The Chief Executive Of ficer and Deputy Chief Executive 
Officer  shall be persons of integrity having qualifications and experience in 
law, economics, accountancy , commerce, management, governance, 
competition, consumer protection or public finance.
(3) The Chief Executive Of ficer and Deputy Chief Executive 
Officer are eligible for re-appointment.260                  Supplement to Official Gazette   [20th June 2022](4) The Chief Executive Of ficer and Deputy Chief Executive 
Officer may resign from of fice at any time by giving not less than 3 m onths' 
notice in writing to the President.
(5) The President may terminate the appointment of the Chief 
Executive Of ficer or Deputy Chief Executive Of ficer, if the Chief Executive 
Officer or Deputy Chief Executive Of ficer  —
(a) is convicted of an of fence and is sentenced to a term of 
imprisonment of 3 months or more;
(b) is an undischar ged insolvent or has been declared bankrupt 
whether in Seychelles or elsewhere or enters into an 
arrangement or composition with the person 's creditors;
(c) is mentally or physically incapable of performing the 
functions under this Act;
(d) engages in any activity that may undermine the integrity of 
the Commission or may amount to serious misconduct or 
has engaged in dishonourable conduct.
Functions of Chief Executive Officer
8.(1) The Chief Executive Of ficer shall be responsible for the general 
administration of the Commission and for ca rrying out any functions 
assigned to the Chief Executive Of ficer under this Act.
(2) In the absence of the Chief Executive Of ficer, the Deputy Chief 
Executive Of ficer shall perform the functions of the Chief Executive Of ficer.
Seal and pr esumption of documents of Commission
9.(1) The Seal of the Commission shall be such devices as may be 
determined by the Chief Executive Of ficer and shall be kept by the Chief 
Executive Of ficer.
(2) The af fixing of the seal shall be authenticated by the Chief 
Executive Of ficer, Deputy Chief Executive Of ficer or any other person 
authorised in that behalf by the Chief Executive Of ficer.[20th June 2022] Supplement to Official Gazette 261(3) A document purported to be under the seal of the Commission or 
issued on behalf of the Commission shall be received in evidence and 
deemed to have been executed or issued by the Commission, without any 
further proof, unless the contrary is proved.
Staff of Commission
10. The Chief Executive Of ficer may appoint, on such terms and 
conditions as the Chief Executive Of ficer may determine, such members of 
staff as may be considered necessary for the performance of the functions of 
the Commission under this Act.
Investigators
11.(1) The Chief Executive Of ficer may , on such terms and conditions, 
appoint such number of suitably qualified person as may be considered 
necessary to act as investigators for the purposes of ensuring compliance 
with this Act.
(2) The Chief Executive Of ficer shall provide an investigator with a 
document of appointment that shall be prima facie  proof of the appointment 
of the investigator .
(3) An investigator  shall,  in performing  any function  under  this  
Act  —
(a) be in possession of the document of appointment referred 
to in subsection (2); and
(b) show the document of appointment to any person who  —
(i) is affected by the dischar ge of the functions of the 
investigator under this Act; and
(ii) requests to see the document of appointment.
(4) The document of appointment shall be in such form and 
substance as the Chief Executive Of ficer shall determine.
Relations with other  regulatory authorities
12.(1) The Commission may  —262                  Supplement to Official Gazette   [20th June 2022](a) liaise with any regulatory authority , require necessary 
information from, exchange information with, and receive 
information from any such authority relating to any 
specific complaint or investigation;
(b) negotiate and enter into agreements with any regulatory 
authority which exercises jurisdiction over consumer 
protection or fair competition matters within a particular 
industry or sector , so as to  —
(i) co-ordinate and harmonise the exercise of 
jurisdiction over such matters within that industry or 
sector; and
(ii) ensure the compliance with this Act;
(c) engage with any regulatory authority in cooperative 
activities of research, publication, education, staf f 
development and training;
(d) provide technical assistance or expertise to any regulatory 
authority;
(e) engage with any regulatory authority in cooperative 
activities to detect commission of any prohibited conduct 
and take appropriate action under this Act;
(f) participate in the proceedings of any regulatory authority; 
and
(g) advise, or receive advice from, any regulatory authority .
(2) The agreement referred to in subsections (1) (b) shall  —
(a)  identify and establish procedures for the management of 
areas of concurrent jurisdiction;
(b) promote co-operation between the regulatory authority and 
the Commission; and[20th June 2022] Supplement to Official Gazette 263(c) provide for the exchange of information and the protection 
of confidential information.
Guidelines by Commission
13.(1) For the purpose of the exercise of powers in relation to an 
investigation into any complaint of al leged prohibited conduct under this 
Act, the Commission shall issue guidelines on the economic and legal 
analysis that can be used in such investigation.
(2) The Commission may review and issue revised ve rsions of its 
guidelines.
Chapter II
Fair T rading T ribunal
Establishment of Fair  Trading Tribunal
14.(1) There is hereby established a tribunal known as the Fair Trading 
Tribunal.
(2) The Tribunal shall, in the performance of its f unctions under this 
Act, be independent and shall not be subject to the direction or control of any 
person or authority .
(3) The Tribunal shall consist of  —
(a) a Chairperson; and
(b) seven other members.
(4) The Chairperson shall be a Magistrate nominated by the Chief 
Justice who shall serve as Chairperson on a full  time basis.
(5) The Minister shall, in consultation with the Chief Justice, 
appoint the other members who shall serve on a  part time basis.
(6) The members of the Tribunal referred to in subsection (3)(b) and 
appointed under subsection (5) shall be persons from the public or private 
sector having qualifications and experience in law , economics, accountancy , 264                  Supplement to Official Gazette   [20th June 2022]commerce, engineering, finance, governance, competition and consumer 
regulation.
(7) A member of the Tribunal shall hold of fice for a term of 5 years 
and shall be eligible for re-appointment.
(8) A member of the Tribunal appointed under subsection (5) may 
hold that of fice concurrently with any other of fice in the public service or 
private sector .
(9) The Registrar of the Supreme Court shall publish the names of 
the persons appointed as Chairperson and members of the Tribunal in the 
Gazette .
 (10) Where the Chairperson is absent or unable to dischar ge the 
function of Chairperson, the Chief Justice may appoint another Magistrate to 
hear and determine matters before the Tribunal.
 (11) The Tribunal shall be under the administrative and financial 
control of the Judiciary and the Chief Justice shall provide the Tribunal with 
suitable accommodation and facilit ies for the purpose of performing its 
functions.
Composition of the Tribunal for  adjudication of any matter
15.(1) Subject to subsections (2), (4) and (5), the jurisdiction and 
functions of the Tribunal shall be exercised by the Chairperson.
(2) The Chairperson may select any number of members to sit 
together with the Chairperson at any sitting of the Tribunal or in any 
proceedings on a complaint or matter and  where the Chairperson so selects 
the Chairperson shall select such number of members as shall ensure that the 
tribunal is composed of an odd number .
(3) A sitting of the Tribunal under subsection (2) shall be presided 
over by the Chairperson.
(4) At any sitting of the Tribunal, the Chairperson may co-opt any 
person who, in the opinion of the Chairperson possesses such technical [20th June 2022] Supplement to Official Gazette 265knowledge or expertise as the Tribunal may require during the hearing and 
its deliberations.
Functions of Chairperson of Tribunal
16.(1)  The Chairperson of the Tribunal shall be responsible  —
(a) for the management of the caseload of the Tribunal under 
this Act or any other law; and
(b) for the performance of the Tribunal and the members of the 
Tribunal.
st
(2) The Chairperson of the Tribunal shall, not later than the 31  day 
of March in any year , submit to the Chief Justice  a report on the 
performance of the Tribunal during the preceding year .
Salaries, allowances, etc., of members of Tribunal
17.(1) The salary , allowances and other benefits of the Chairperson 
shall be in accordance with that of a Magistrate under the Courts Act (Cap. 
52).
(2) The salary , allowance, benefits and other terms and c onditions 
of employment of the other members of the tribunal shall be determined by 
the Chief Justice.
(3) The salary , allowances or other benefit of a member , other than 
the Chairperson, may be on the basis of a fee for each sitting of the Tribunal 
that the member attends as a member .
Resignation or  removal of members of Tribunal
18.(1) A member of the Tribunal may resign from of fice by giving not 
less than 2 months' notice in writing to the Chief Justice.
(2) The Chief Justice may , in consultation with the Minister , remove 
a member of the Tribunal from of fice, if the member  —266                  Supplement to Official Gazette   [20th June 2022](a) has been found guilty of any misconduct, default or breach 
of trust in the dischar ge of any duties;
(b) is an undischar ged insolvent or bankrupt;
(c) is convicted of an of fence and sentenced to a term of 
imprisonment of 3 months or more; or
(d) is mentally or physically incapable of carrying out the 
functions of the Tribunal under this Act.
Appointment of acting member  due to temporary absence of a 
member  of Tribunal
19.(1) Where the Chief Justice is satisfied that  —
(a) a member is absent or temporarily incapable of performing 
his or her duties ; or
(b) the of fice of a member is vacant,
the Chief Justice shall direct the Minister in consultation with him or her to 
appoint a person to act in the place of that member of the Tribunal during the 
period of absence or incapacity or until the vacancy is filled.
(2) An acting member appointed under subsection (1) has the 
powers, duties and entitlements of a member of the Tribunal.
(3) An appointment under this section and an act done while a 
person is acting as a member of the Tribunal shall not be questioned in any 
proceedings on the grounds that the occasion for the appointment had not 
arisen or had ceased.
(4) The Chief Justice may terminate the appointment of an acting 
member appointed under subsection (1) at any time.
(5) The acting member appointed under subsection (1) may resign 
at any time from of fice by notice in writing delivered to the Chief Justice.[20th June 2022] Supplement to Official Gazette 267(6) The acting member appointed under subsection (1), while so 
acting as a member , may exercise and dischar ge all the powers and functions 
of that member of the Tribunal.
(7) In this section “member” does not mean the Chairperson.
Incomplete pr oceedings on r esignation or  removal of members of 
Tribunal
20.(1) If, due to resignation, removal or for any other reason, a member 
of the Tribunal is unable to complete the proceedings in a matter , the 
Chairperson, may  —
(a) direct that the hearing of that matter proceeds before the 
remaining members; or
(b) terminate the proceedings, and direct that a new hearing be 
conducted.
(2) If, on the expiry of the term of of fice of a member of the 
Tribunal, that member is still considering a matter before the Tribunal, that 
member may continue to act as a member in respect of that matter only .
(3) A member who has resigned as member may continue to sit as a 
member or to act as such for the purpose of giving judgment or otherwise in 
relation to any proceedings commenced before the Tribunal comprising of 
that member .
Secretary and staff of Tribunal
21. The Chief Justice may appoint, on such term s and conditions as 
the Chief Justice may determine  —
(a) a Secretary who, in addition to any other duties conferred 
on the Secretary shall be responsible for convening all 
sittings of the members of the Tribunal;
(b) such other staf f as the Chief Justice considers necessary for 
the performance of the functions of the Tribunal under this 
Act.268                  Supplement to Official Gazette   [20th June 2022]Functions of Tribunal
22.(1) The function of the Tribunal shall be to  —
(a) adjudicate in relation to  —
(i) any complaint of alleged prohibited conduct referred 
to it by the Commission under section 35(3);
(ii) any appeal under section 35(4) against any decision 
of the Commission;
(iii) any application under this Act;
(iv) an application made to it under section 124 for the 
review of the decision of the Commission;
(v) a grant of authorisation under section 136(5), or 
permission of a proposed mer ger under section 133, 
recommended by the Commission; and
(b) exercise any other powers conferred on it by this Act or 
any other written law .
(2) The Tribunal while adjudicating any matter under subsection 
(1), may make an order for grant of interim  relief under section 52 or for loss 
of, or physical damage to, property under section 56.
Seal of the Tribunal
23. The Tribunal shall have a seal bearing on it th e armorial bearings 
under the National Symbols Act (Cap 146), surrounded by the words “Seal 
of the Fair Trading Tribunal of Seychelles”.
Tribunal may r efer any question of law to Supr eme Court
24.(1) The Tribunal may , on its own motion or on an application of a 
party , refer a question of law arising in proceedings before it for 
determination by the Supreme Court.[20th June 2022] Supplement to Official Gazette 269(2) If a question of law arising in proceedings is referred to the 
Supreme Court, under subsection (1), the Tribunal shall not  —
(a) make a decision to which the question is relevant until the 
question is determined by the Supreme Court; or
(b) proceed in a manner , or make a decision, that is 
inconsistent with the determination of the question by the 
Supreme Court.
Indemnity of members of Tribunal
25. A Member of the Tribunal  —
(a) shall not be liable for anything done by  him or her in good 
faith in the performance of his or her funct ions under this 
Act;
(b) shall be deemed to be public of ficers for the purposes of 
the Penal Code.
Guidelines and practice notes for  members of Tribunal
26. The Tribunal may , for the ef ficient dischar ge of its functions 
under this Act, issue such guidelines and practice notes relating to the 
functions and procedures of the Tribunal as it may consider necessary .
Chapter III
Appointment of Expert s, Disclosure of Information and Fund, etc.
Appointment of experts to assist Commission 
27.(1) The Commission may appoint or engage persons having special 
or technical knowledge to assist the Commi ssion in the performance of its 
functions.
(2) A person appointed or engaged under subsection (1) shall 
receive such remuneration or allowances as the Commission may determine.
Disclosur e of inter ests
28.(1) The Chief Executive Of ficer, Deputy Chief Executive Of ficer, a 
member of the Tribunal, staf f and any other of ficial of the Commission and 270                  Supplement to Official Gazette   [20th June 2022]the Tribunal or an expert appointed by the Commission or the Tribunal who 
is present at any meeting of the Commission, investigation by the 
Commission or hearing before the Tribunal in which he or she is directly or 
indirectly interested, shall, as soon as is practicable after the commencement 
of the meeting, investigation or hearing,  disclose that interest and shall not, 
unless the Chief Executive Of ficer or the Chairperson of the Tribunal directs 
otherwise, take part in any consideration or discussion of, or vote on any 
question relating to that matter .
(2) A disclosure of interest made under subsection (1) shall be 
recorded.
Confidential information
29.(1) The Chief Executive Of ficer or Deputy Chief Executive Of ficer 
or a member of the Tribunal or staf f or other of ficial or an expert appointed 
by the Commission or the Tribunal shall not, otherwise than in the dischar ge 
of their functions under this Act, without the consent in writing given by the 
Chairperson of the Tribunal or the Chief Executive Of ficer, publish or 
disclose to any person, the contents of any document, communication or 
information whatsoever , which relates to any person, enterprise or any 
investigation, prosecution by the Commission or proceedings before the 
Tribunal.
(2) A person who contravenes subsection (1) commits an of fence 
and is liable on conviction to a fine of level 6 on the standard scale or to 
imprisonment for a term not exceeding 2 years or to both such fine and 
imprisonment.
Funds of Commission
30.(1) The funds of the Commission shall consist of  —
(a) moneys as may be appropriated by the National Assembly 
under an Appropriation Act for the purposes of the 
Commission and paid to the Commission;
(b) fees, costs, and char ges payable to the Commission under 
this Act or any other written law;[20th June 2022] Supplement to Official Gazette 271(c) moneys received by the Commission by way of grants in 
accordance with the provisions of the Public Finance 
Management Act.
(2) The funds of the Commission may be applied to  —
(a)the expenses incurred by the Commission in the 
performance of its functions; and
(b) the payment of salaries, remuneration and allowances to 
the Chief Executive Of ficer, Deputy Chief Executive 
Officer,  staff of the Commission and experts appointed by 
the Commission;
(c) any other expenses as may be authorised by the Chief 
Executive Of ficer.
Accounts and audit
31.(1) The financial year of the Commission shall be the calendar year .
(2) The Commission shall maintain proper accounts and other 
relevant records and prepare an annual statement of accounts in the form and 
manner approved by the Auditor General.
(3) The accounts of the Commission shall be audited by the Auditor -
General in accordance with article 158 of the Constitution.
(4) The Commission  may  additionally  appoint  a private  auditor  to 
audit  the accounts  of the Commission  as required  under  this  Act or any 
other  law.
(5) The Commission shall prepare, in each financial year , an annual 
financial statement for the next financial year showing separately  —
(a) the expenditure which is proposed to be met from the 
internal sources of the Commission; and
(b) the sum required from the Government to meet other 272                  Supplement to Official Gazette   [20th June 2022]expenses distinguishing revenue expenditure from other 
expenditure.
Annual r eports
32.(1) The Commission shall, not later than 6 months after the end of 
each financial year , submit to the Minister  —
(a) a report of the activities and operations of the Commission 
throughout the preceding financial year  in such detail as 
may be directed; and
(b) a statement of the audited accounts of the Commission for 
the preceding financial year .
(2)  A copy of the report and a statement of the audited accounts of 
the Commission referred to in subsection (1) shall be printed and submitted 
to the National Assembly not later than 6 months from the date of receipt 
thereof by the Minister .
PART III
ENFORCEMENT  PROVISIONS
Chapter I
Complaint s and Investigations
Initiation of complaints
33.(1) The Commission may initiate an investigation into a complaint 
on its own motion, or on a reference made to it by the Minister , the Tribunal, 
or any regulatory authority , concerning an alleged prohibited conduct of an 
enterprise.
(2) Any person may make a complaint concerning an alleged 
prohibited conduct of an enterprise to the Commission.
(3) Subject to the other provisions of this Act, the Commission shall 
have no jurisdiction to entertain a complaint where the value of the subject 
matter from which the complaint arose exceeds SCR 5,000,000, Provided 
that the Minister in consultation with the Commission may prescribe such 
other value.[20th June 2022] Supplement to Official Gazette 273(4) For the purposes of assessing the value of the matter in 
subsection (3), the value of any interest accrued is excluded.
(5) The person referred to in subsection (2) incl udes  —
(a) a person acting on his or her own behalf;
(b) a person authorised and acting on behalf of another person 
who cannot act in his or her own name;
(c) a parent, custodian or guardian of a minor;
(d) a guardian to a person who is interdicted or subject to a 
supervision order .
(6) A complaint under subsection (2) may be made  —
(a) in writing; or
(b) orally before a member of the staf f of the Commission 
designated by the Chief Executive Of ficer.
(7) Where a person makes the complaint orally under subsection 
(6)(b), the complaint shall be recorded in writing by the of ficer of the 
Commission and  —
(a) shall be read and signed by the person; or
(b) where the person is incapable of reading or writing or 
suffers from an incapacity to sign, the of ficer of the 
Commission shall read the complaint to the person and the 
person shall make his or her mark or af fix his or her thumb 
print thereon in the presence of the of ficer of the 
Commission; or
(c) in case of physical incapacity or disability to make a mark, 
the person shall declare or acknowledge in the presence of 
the of ficer of the Commission his or her assent to such 
complaint after the complaint has been read over to the 274                  Supplement to Official Gazette   [20th June 2022]person by the of ficer of the Commission and such assent 
and the fact of such physical disability or  incapacity is 
attested by a second of ficer of the Commission.
(8) A complaint made under this section shall set out any action 
undertaken by an enterprise which is in breach of any written law that the 
Commission has jurisdiction to administer .
(9) Any person may provide information concerning an alleged 
prohibited conduct in any manner and form to the Commission.
Determination of complaints
34.(1) The Commission may determine whether to conduct an 
investigation of a complaint made under section 33(1).
(2) W ithout  prejudice to subsection (1), the Commission may refuse 
to conduct any investigation, if it is satisfied that  —
(a) the complaint is the subject of a matter pending before a 
court or another regulatory authority;
(b) the complaint has been dealt with by the Commission or a 
court or another regulatory authority;
(c) the complaint is trivial, frivolous or ve xatious;
(d) the complainant does not have an interest in the matter; or
(e) the complaint was not made within the period specified in 
this Act.
(3) In subsection (2) (c)  —
(a) “frivolous” means not having any serious purpose or value, 
meritless or lacking in purpose;
(b) “trivial” means of little value or importance, minor to merit 
consideration, especially in law , where the consumer has [20th June 2022] Supplement to Official Gazette 275not suf fered a significant loss financially , and wherein the 
manpower and resources for investigation and  litigation is 
not justified based on the “ de minimis ” value of the 
complaint;
(c) “vexatious” means causing or tending to cause annoyance, 
frustration or worry , or malicious, or done as a means of 
revenge or spite to cause irritation.
(4) A complaint shall lapse if the complainant fails to provide any 
information and documents to the Commission within one month, or such 
other period as may be allowed by the Commission, from the date of the 
request by the Commission.
(5) The Commission may  —
(a) refer the complaint to another regulatory authority; or
(b) decide not to investigate a complaint against a person 
where in response to a complaint, the complainant, in the 
opinion of the Commission, has obtained reasonable 
redress directly from the person against whom the 
complaint was made.
(6) Where the Commission refers a complaint to another regulatory 
authority , the regulatory authority shall provide the Commission with a 
report on the findings of its assessment on the complaint after investigation.
Determination of complaints whether  to r efer to Tribunal for  
adjudication
35.(1) The Commission may , at any stage of an investigation, terminate 
an investigation where the Commission is of the opinion that the matter 
being investigated does not justify further investigation.
(2) Where an investigation is terminated under subsection (1), the 
Commission shall, by a written notice, inf orm the complainant of its findings 
and reasons thereof.276                  Supplement to Official Gazette   [20th June 2022](3) On the completion of an investigation into a complaint, the 
Commission may  —
(a) where the Commission determines that the alleged 
prohibited conduct has been committed by the person 
under this Act, refer the matter , in the prescribed form, to 
the Tribunal for adjudication; or
(b) where the Commission determines that the  complaint does 
not allege any facts which would constitute commission of 
alleged prohibited conduct under this Act, inform the 
complainant, by a written notice, of its findings and 
reasons thereof.
(4) On receipt of a notice under subsection (2) or subsection (3) (b), 
the complainant may appeal to the Tribunal in the prescribed form and 
manner , within 30 days of the receipt of the notice, unless the Tribunal 
permits a longer period on good cause shown to it.
(5) The Commission shall have exclusive right to refer a complaint 
or matter arising out of a complaint under this Act to the Tribunal for 
determination.
Limitation of bringing complaint
36.(1) A complaint shall not be referred or made under section 33 after 
a period of 2 years has lapsed, after  —
(a) the act or omission that is the cause of the  complaint has 
been done or omitted to be done; or
(b) in the case of a course of conduct or continuing practice, 
the date that the conduct or practice ceased.
(2) A complaint shall not be referred or made under section 33, if 
the goods or service being procured by the complainant  —
(a) is contrary to any public policy of Seychelles; or
(b) contravenes any other written laws of Seyche lles.[20th June 2022] Supplement to Official Gazette 277(3) The limitation under subsection (1) shall not apply to Part V.
(4) Nothing in this section shall be deemed to prohibit or restrict the 
right of a person to initiate an action before a competent court within the 
prescription period or time limitation period within which the action may be 
initiated or commenced by a person before such Court in respect of an act or 
omission that could have been the subject of a complaint under this Act.
Powers of Commission in r elation to investigation of complaints
37.(1) For the purpose of the investigation of any com plaint under this 
Act or any written law , the Commission has jurisdiction and power to  —
(a) summon any person to appear before an of ficer of the 
Commission, when in its opinion such person;
(i) will be able to furnish any information relevant to 
the complaint; or
(ii) will be af fected by an investigation or outcome of an 
investigation or hearing of the complaint;
(b) compel the production of such books, records, papers and 
documents as it may consider necessary or proper for any 
proceedings, investigation or inquiry by it;
(c) examine any documents produced;
(d) require that any document submitted to the Commission be 
verified by af fidavit if necessary;
(e) seize documents;
(f) adjourn investigations;
(g) make test purchases;
(h) inspect goods; 
(i) grant corporate immunity; 278                  Supplement to Official Gazette   [20th June 2022](j) impose fixed penalties; and
(k) to do all the necessary acts in the lawful e xercise of its 
powers or , the performance of its functions under this Act.
(2) The Commission shall hear a person, who makes a written 
request for a hearing at an investigation under this Act upon such person 
showing that he or she  —
(a) is an interested party;
(b) is likely to be af fected by the outcome of the investigation 
or hearing into the complaint; or
(c) has put forward particular reasons why  he or she should be 
heard.
(3) A summons for the attendance of a witness or other person at an 
investigation or for the production of documents for the purpose of an 
investigation shall be made in the prescribed form.
(4) A summons shall be signed by the Chief Executive Of ficer and 
shall be served in the prescribed manner .
(5) A person who, without lawful or reasonable excuse, fails to 
attend any proceedings or to produce a document or other material when 
required to do so under this section, commits an of fence and is liable on 
conviction, in the case of  —
(a) an individual, to a fine of level 6 on the standard scale or to 
imprisonment for a term not exceeding 2 years or to both 
such fine and imprisonment; or
(b) a person other than an individual, to a fine of level 7 on the 
standard scale.
Power  to sear ch and seize on warrant
38.(1) Where during an investigation, the Commission has reasonable 
cause to suspect that  —[20th June 2022] Supplement to Official Gazette 279(a) the alleged prohibited conduct has been committed under 
this Act or any other written law which it has jurisdiction 
to administer; and
(b) any book, document, electronic device or article relating to 
the prohibited conduct is being kept or concealed in a 
building or place,
the Chief Executive Of ficer, the Deputy Chief Executive Of ficer or such 
authorised of ficer of the Commission shall apply to a Magistrate for a search 
warrant to search and seize that book, document, electronic device or article.
(2) Where the Magistrate is satisfied that  —
(a) there is reasonable ground for suspecting that a prohibited 
conduct has been committed; and
(b) evidence of the commission of that prohibited conduct is to 
be found in any book, document, electronic device or 
article that is likely to be found in a building or place,
the Magistrate may , at any time, issue a search warrant authorising an of ficer 
of the Commission named in the warrant to enter and search such building or 
place specified in the warrant for such book, document, electronic device or 
article and to seize and take away such book, document, electronic device or 
article.
(3) Where the Magistrate is satisfied that the of ficer of the 
Commission referred to in subsection (2) has reasonable grounds to believe 
that a person, in executing the warrant, has been or will be refused access to 
any premises or document, the Magistrate may direct a police of ficer to take 
such steps as are reasonably necessary to enter the premises and to enable the 
warrant to be executed.
(4) The owner , occupier or person in char ge of any premises in 
respect of which an authorised of ficer of the Commission referred to in 
subsection (2), enters pursuant to a warrant issued under this section shall 
provide the of ficer with all reasonable facilities and assistance in the exercise 
of the authorised of ficer's powers.280                  Supplement to Official Gazette   [20th June 2022](5) A person who alters or interferes with any book, document or 
article seized under this section, commits an of fence and is liable on 
conviction to a fine  of level 6 of the standard scale or to imprisonment for a 
term not exceeding 2 years or to both such fine and imprisonment.
(6) The of ficer of the Commission referred to in subsec tion (2) is 
not personally liable for any loss or damage arising from the execution of a 
search warrant under this section.
(7) Where the of ficer of the Commission referred to in subsection 
(2),  seizes any book, document, electronic device or article under subsection 
(2), the of ficer shall take it to the Commission, which may retain it, taking 
reasonable care to ensure that it is preserved until the conclusion of the 
investigation.
(8) Upon completing the search authorised by a warrant, the of ficer 
of the Commission referred to in subsection (2) shall leave a receipt listing 
the documents or extracts therefrom removed in terms of the warrant.
(9) Where a book, document, electronic device or article is seized 
under subsection (2), the Tribunal may on the application of an interested 
party order that the book, document, electronic device or article be returned 
to the person from whom it was seized, or the person who is otherwise 
legally entitled thereto, if the Tribunal is satisfied that the book, document, 
electronic device or article will not be required for the purposes of the 
investigation.
(10) The person from whom any book, document, electronic device 
or article is seized under subsection (2) is entitled at all reasonable times, and 
subject to such reasonable conditions as may be imposed by the 
Commission, to inspect the book, document or article and, in the case of a 
book, document or electronic device, to obtain a copy of it.
(11) The Commission shall be given at least 7 days' notice of an order 
made under subsection (9).
(12) Where a book, document, electronic device or article has been 
seized, inspected or examined by an of ficer of the Commission under 
subsection (7), the of ficer may make or cause to be made one or m ore copies [20th June 2022] Supplement to Official Gazette 281of it, and a document purporting to be certified by the of ficer to be a copy 
made pursuant to this section is admissible in evidence and has the same 
probative value as the original document.
Power  to enter  any pr emises to pr event injury
39.(1) Where an of ficer authorised by the Commission, in this section 
referred to as the “authorised of ficer”, has reason to believe that goods will 
or may cause injury to a person, the authorise d officer may , for the purposes 
of ascertaining whether goods of that kind will or may cause injury to any 
person, enter into any premises in or from whic h the authorised of ficer has 
reason to believe that a person supplies goods of that kind in trade or 
commerce, and  —
(a) inspect goods of that kind;
(b) take samples of goods of that kind;
(c) inspect any documents relating to goods of that kind and 
make copies of, or take extracts from, those documents; or
(d) inspect equipment used in the manufacturing, processing 
or storage of goods of that kind.
(2) The authorised of ficer shall exercise the power under subsection 
(1)  —
(a) with an authorisation in the prescribed form given by the 
Chief Executive Of ficer; and
(b) where it is necessary to prevent the injury to any person or 
to protect life or ensure public safety . 
(3) The Chief Executive Of ficer may authorise such assistance as an 
authorised of ficer considers necessary to enter the premises specified in the 
authorisation, and to exercise the powers specified in subsection (2) in 
relation to those premises.
Power  to inspect pr emises to ascertain compliance with this Act
40.(1) An of ficer authorised by the Chief Executive  Officer, in this 
section referred to as the “authorised of ficer”, to conduct an inspection may , 282                  Supplement to Official Gazette   [20th June 2022]at any time, in daylight enter any land or premises and inspect it to ascertain 
the compliance  of this Act or any order or notice made under this Act.
(2) When private or enclosed premises are to be  inspected under this 
section, the authorised of ficer shall, if practicable, obtain the consent of the 
owner or occupier of the premises.
(3) Where access to any enclosed premises or par t thereof is 
necessary for an inspection under this section and  —
(a) the person having char ge of such premises refuses or 
unreasonably delays granting access, or
(b) if no such person can be found within a reasonable time,
an application may be made to a Magistrate and the Magistrate, if satisfied 
with the application, shall issue a warrant directing the police of ficer to assist 
the authorised of ficer in conducting the inspection under this section.
(4) A warrant issued by a Magistrate shall be suf ficient warrant for 
any police of ficer to break open any outer or inner door or other means of 
entry , doing no more damage than is necessary for the purposes of such 
inspection, provided that such of ficer shall take all practicable measures to 
safe-guard the premises and any property therein, after the inspection.
(5) The authorised of ficer may require any person to give 
information regarding the land or premises to be inspected, or regarding the 
identity and whereabouts of the owner and occupier and such person shall 
give such information as he or she possesses and shal l give such aid as it is 
reasonable and practicable for him or her to give in furtherance of the 
inspection or intended inspection.
(6) Any person who refuses to give such information or a id or gives 
any information which he or she knows or believes to be false or does not 
believe to be true, commits an of fence and is liable on conviction to a fine of 
level 6 on the standard scale.[20th June 2022] Supplement to Official Gazette 283Imposition of fixed penalties in certain cases
41.(1) Where the Commission, during investigation of a complaint or 
on search or inspection of any premises of an enterprise, has reason to 
believe that the enterprise or any person is committing or has committed a 
prohibited conduct in respect of sections 72, 73, 74, 76 or 77, the 
Commission may issue that enterprise or person a fixed penalty notice 
offering the enterprise or person an opportunity to dischar ge their liability to 
pay the financial penalty under this Act on payment of a fixed penalty of 
such sum as may be prescribed.
(2) The fixed penalty prescribed under subsection (1) shall be not 
less than SCR1,500 and shall not exceed SCR20,000 for each such 
prohibited conduct committed.
(3) The fixed penalty notice shall be issued by the Chief Executive 
Officer in such form and delivered or served in such manner as maybe 
prescribed.
(4) A fixed penalty notice shall  —
(a) give a brief description of the circumstances alleged to 
constitute the prohibited conduct;
(b) specify the amount of the fixed penalty;
(c) state the time within which the fixed penalty is to be paid.
(5) The fixed penalty shall be paid within 30 days of the receipt of 
the notice to the Commission and a sum paid by way of fixed penalty shall 
be treated as if it were a financial penalty imposed for commission of the 
prohibited conduct in respect of which the fixed penalty notice was issued.
(6) If the fixed penalty is paid within the period specified in 
subsection (5), no proceedings shall be taken against the enterprise or person 
for the commission of such prohibited conduct.
(7) Where the enterprise or person to whom a noti ce under this 
section is issued does not comply with the fixed penalty notice within the 284                  Supplement to Official Gazette   [20th June 2022]period specified under subsection (5), proceedings may be instituted against 
the enterprise or person for the prohibited conduct in respect of which the 
notice was issued.
(8) In any proceedings, a certificate in the form as may be 
prescribed by the Minister  —
(a) that purports to be signed by or on behalf of the Chief 
Executive Of ficer; and
(b) states that the payment was, or was not received by the 
date specified in the certificate, i s evidence of the facts 
stated.
(9) The fixed penalties collected under this section shall be paid into 
the Consolidated Fund.
Compounding of offences
42.(1) Where the Chief Executive Of ficer is satisfied that an of fence 
under this Act has been committed by any person and the person admits to 
committing the of fence, accepts liability for the commission of the of fence 
and agrees in writing to the matter being dealt with under this section, the 
Chief Executive Of ficer, in consultation with the Attorney General, may 
compound the of fence in lieu  of instituting legal proceedings by accepting a 
sum of not more than the maximum fine specified for the of fence; 
(2) Where a minimum fine is provided, no sum of money less than 
the minimum shall be accepted.
(3) A sum of money received under this section shall be dealt with 
as though it were a fine imposed by a Court.
(4) The Chief Executive Of ficer shall determine the sum of money 
to be paid by the of fender having due regard to the provisions of this Act, the 
nature, the circumstances, extent and gravity of the of fence, the past 
behaviour of the of fender and the financial benefit accrued to the of fender 
from the violation.[20th June 2022] Supplement to Official Gazette 285(5) An ad-hoc  compounding committee may be established to 
advise the Chief Executive Of ficer in the determination of the sum of money 
to be paid by the of fender in accordance with subsection (1).
(6) Upon determination of the sum of money to be paid by the 
offender by way of fine in accordance with subsection (4), the Chief 
Executive Of ficer shall sign the compounding agreement and serve it on the 
offender who shall pay the sum of money within 14 days from the date of 
service of the compounding agreement.
(7) In the event that the of fender fails to pay the sum of money 
within the period set out in subsection (6), the compounding agreement shall 
be null and void and the judicial proceedings shall be instituted or continued, 
as the case may be.
(8) On payment of the sums mentioned in this section, the 
compounding of any of fence under subsection (1) shall be filed in court and 
thereupon any proceedings in connection with the commission of the of fence 
which are pending shall be noted as compounded and the of fender absolutely 
dischar ged.
(9) The compounding of an of fence under this section shall be 
conclusive and final and no court proceedings shall be instituted for that 
offence. 
(10) In any proceedings brought against any person for an of fence 
under this Act, it shall be a defence if the person prov es that the of fence has 
been compounded under this section.
Order  of Supr eme Court pr eventing any person fr om leaving 
Seychelles
43.(1)  Where the Commission has reasons to believe that a person may 
leave Seychelles during an investigation by the Commission or hearing 
before the Tribunal, the Commission may , ex parte , or without notice to the 
person, apply to the Supreme Court for an order preventing the person from 
leaving Seychelles.
(2) An application under subsection (1) may be made to a Judge in 
chambers and shall be accompanied by an af fidavit in support sworn by the 286                  Supplement to Official Gazette   [20th June 2022]Chief Executive Of ficer, Deputy Chief Executive Of ficer or such authorised 
officer of the Commission disclosing suf ficient material to satisfy the Judge 
that it is necessary to make an order preventing the person named in the 
application from leaving Seychelles.
(3) The Commissioner of Police or the Director General of 
Immigration, or both, shall, on receipt of an order of the Judge under 
subsection (1), take or cause to be taken by any police of ficer or immigration 
officer, such measures as may be necessary to comply with the order , 
including the use of such force as may be necessary and the seizure, removal, 
or retention of any passport, certificate of identification, or other travel 
document relating to the person named in the order or any other document 
authorising the person to leave Seychelle s.
(4) The Chief Executive Of ficer shall as soon as practicable serve 
on the person named in the order a notice of the issue of the order , however 
the non-service or non-receipt of the notice does not invalidate any 
proceedings under this Act.
(5) The production to an immigration of ficer or police of ficer in 
charge of a police station of a certificate signed by the Chief Executive 
Officer stating that the presence of the person in Seychelles is no longer 
required in relation to any matter being investigated by the Commission or 
determination by the Tribunal shall be prima facie  evidence of the fact stated 
therein.
(6) It shall be lawful for the Commission, for the purpose of making 
an application under subsection (1), to require by written notice to any 
carrier or its agent to furnish the Commission with such information as may 
be specified in the notice in respect of any travel arrangement made by any 
person and it shall be the duty of such carrier or its agent to comply with the 
requirements of such notice.
(7) No civil or criminal proceedings may be instituted or maintained 
against the Government, the Commissioner of Police, and the Director 
General of Immigration or any other police of ficer or immigration of ficer in 
respect of anything lawfully done under this section.[20th June 2022] Supplement to Official Gazette 287(8)  Nothing in this section shall prevent a Judge from ordering the 
person to furnish suf ficient and good security to meet any of his or her 
obligations under this Act in place of the grant of an order preventing the 
person from leaving Seychelles.
(9) The Chief Justice may make rules of the Supreme Court for the 
purposes of an application under subsection (1).
Right of any person to claim confidentiality
44.(1) A person, when submitting information to the Commission, may 
identify information that the person claims to be confidential information.
(2) Any claim under subsection (1) shall be supported by a written 
statement explaining why the information is confidential.
(3) The Commission is bound by a claim made under subsection (1) 
but may at any time during its proceedings refer the claim to the Tribunal to 
determine whether or not the information is confidential information.
(4) On receipt of a reference under subsection (3), the Tribunal  —
(a) shall determine whether or not the information is 
confidential; and
(b)  may make any appropriate order concerning access to that 
information if it finds that the information is confidential.
Chapter II
Adjudication by T ribunal
Hearings befor e Tribunal
45.(1) The Tribunal shall fix a time and place for a hearing in respect of 
a matter .
(2) A hearing of the Tribunal shall take place in public.
(3) The Tribunal may  —288                  Supplement to Official Gazette   [20th June 2022](a) on application by the Commission, an applicant, appellant 
or respondent;
(b) whenever the circumstances so warrant; or
(c) whenever it considers it appropriate,
conduct a hearing in private.
(4) The Tribunal  —
(a) shall sit at such times and in such places as the Chairperson 
may direct;
(b) may, subject to this Act, regulate its own procedures, 
except in so for as the procedures are prescribed by 
regulations;
(c) shall conduct its proceedings with procedural formality;
(d) shall observe the principles of natural justice; 
(e) shall receive evidence of witnesses appearing virtually 
before the Tribunal; and
(f) may permit and regulate the use in any proceedings of any 
telecommunication facility that the Tribunal considers will 
assist it in the determination of a matter .
Right to participate in hearing befor e Tribunal
46.(1) In any matter before the Tribunal,  —
(a) the Commission in respect of a matter arising out of a 
complaint or any other matter under this Act;
(b) an applicant;
(c) an appellant;[20th June 2022] Supplement to Official Gazette 289(d) the respondent; and
(e) any other person who has a material interest in the hearing, 
unless, in the opinion of the Chairperson or presiding 
member of the Tribunal, that interest is adequately 
represented by another participant,
may participate in  a hearing before the Tribunal in person or through a 
representative, and may put questions to witnesses and inspect any books, 
documents or items presented at the hearing.
(2) The Tribunal shall provide the participants and members of the 
public reasonable access to the record of each hearing, subject to any ruling 
to protect confidential information made under section 44.
(3) A person may be represented before the Tribunal by an attorney-
at-law or such other person duly appointed by the person.
Power  of Tribunal to summon or  direct any person to appear  or 
produce documents, etc.
47.(1) The Tribunal may  —
(a) direct or summon any person to appear at any specified 
date, time and place;
(b) examine any person under oath or af firmation;
(c) summon or order any person  —
(i) to produce any book, document or other item 
necessary for the purposes of the hearing; or
(ii) to perform any other act in relation to this Act; or
(d) give directions prohibiting or restricting the publication of 
any evidence given to the Tribunal.
(2) In any proceedings before the Tribunal under this Act, the 
Tribunal may , of its own motion, call as a witness any person whose 
evidence may , in its opinion, be of assistance to the Tribunal.290                  Supplement to Official Gazette   [20th June 2022](3) The power conferred by subsection (2) includes, without 
limitation, power to call as a witness the complainant or the respondent.
(4) If the Tribunal calls a witness under subsection (2), the 
witness may be examined and re-examined  —
(a) by the Tribunal;
(b) by or on behalf of any party to the proceeding s;
(c) by any party to the proceedings or the party's legal 
representative.
Rules of pr ocedur e of Tribunal
48.(1) The Chief Justice may make rules for the purpose of regulating 
the practice and procedure of the Tribunal in proceedings under this Act, 
prescribing fees payable by any party in relation to any process or 
proceedings under this Act before the Tribunal and providing for such 
matters as are necessary for giving full ef fect to this Act and for its 
administration. 
(2) Subject to this Act and the rules of procedure prescribed under 
subsection (1), the Tribunal may apply at a hearing such procedure for that 
hearing as it may consider necessary , having regard to the circumstances of 
the case and the requirements of the relevant provisions of this Act.
Obligation of witnesses
49.(1)  Every person giving evidence at a hearing of the Tribunal shall 
answer any relevant question.
(2) The privilege under section 9 of the Evidence Act (Cap 74) 
applies to a person who gives evidence or provides information during a 
hearing before the Tribunal.
(3) Every person giving evidence shall do so on oath or af firmation.
(4) The Tribunal may order a person to answer any question or to 
produce any article or document.[20th June 2022] Supplement to Official Gazette 291Costs
50.(1) Each party participating in proceedings before the Tribunal shall 
bear its own costs.
(2) Notwithstanding subsection (1), the Tribunal may at the 
conclusion of the proceedings award a party t o the proceedings such costs 
and expenses incurred in relation to those proceedings as it may deem 
proper .
Standard of pr oof
51. In any proceedings before the Tribunal under this Act, the 
standard of proof is on a balance of probabili ties.
Grant of interim r elief
52.(1) At any time, whether or not a hearing has commenced into a 
complaint, the Commission may apply to the Tribunal for an interim order in 
respect of the complaint, and the Tribunal may grant such order , if  —
(a) there is evidence that the allegations may be true and an 
interim order is necessary to prevent serious or irreparable 
damage to that person; and
(b) the respondent has been given a reasonable opportunity to 
be heard, having regard to the ur gency of the proceedings.
(2) An interim order under this section shall not extend beyond the 
earlier of  —
(a) the conclusion of the hearing into the complaint; or
(b) the period of 6 months from the date of the interim order .
(3) If an interim order has been granted, and a hearing into that 
matter has not been concluded within 6 months, the Tribunal, on good cause 
shown, may extend the interim order for a further period not exceeding 6 
months.292                  Supplement to Official Gazette   [20th June 2022](4) Where there is evidence that a respondent is making ef forts to 
dissipate assets which may have the ef fect of rendering the decision of the 
Tribunal against him or her nugatory or unenforceable by execution, the 
Supreme Court may , on an application made by the Commission, order the 
provisional seizure of the assets of the respondent or the provisional 
attachment of any money or movable property due to or belonging to the 
respondent, which is in the hands of any third person, for such period as the 
Supreme Court may consider appropriate.
(5) Sections 280 to 287 of the Seychelles Code of Civil Procedure 
(Cap 213) shall apply mutatis mutandis  to an application made under 
subsection (4).
Decision of Tribunal
53.(1) At the conclusion of a hearing, the Tribunal shall take such 
decision and make such orders as it may consider appropriate and, where 
necessary , a time within which the order is to be complied with.
(2) A decision of the Tribunal shall be by majority and signed by the 
Chairperson who decided the matter and, where the decision was taken with 
any other member , by the member .
(3) A decision of the Tribunal may be pronounced notwithstanding 
the absence of a member or members who composed the Tribunal.
(4) The decision of the Tribunal shall be in writing and include the 
reasons for the decision.
(5) The Secretary shall maintain a copy of every decision of the 
Tribunal.
(6) The Secretary shall, upon the request of any of the parties to a 
matter for a copy of the decision of the Tribunal, provide the requestor with a 
certified true copy of the decision within a period of 7 working days of the 
date of request.
Order  for financial penalty by Tribunal
54.(1) Where the Tribunal determines after a hearing that a respondent 
has committed a prohibited conduct under this Act, the respondent shall be 
liable to pay a financial penalty of such sums, not exceeding  —[20th June 2022] Supplement to Official Gazette 293(a) SCR500,000 in relation to the alleged prohibited conduct; 
or
(b) 10 percent of the turnover of the enterprise  in Seychelles 
during the period of the alleged prohibited conduct up to a 
maximum period of 5 years.
(2)  In determining the financial penalty under subsection (1), the 
Tribunal shall have regard to the following  —
(a) the nature, duration, gravity and extent of the 
contravention;
(b) any loss or damage suf fered as a result of the 
contravention;
(c) the behaviour of the respondent;
(d) the market circumstances in which the contravention took 
place;
(e) the level of profit derived from the contravention;
(f) the degree to which the respondent cooperated with the 
Commission; or
(g) whether the respondent has previously been found in 
contravention of this Act.
(3) The financial penalties realised under this section shall be paid 
into the Consolidated Fund.
(4) In addition to the financial penalty under subsection (1), the 
Tribunal  —
(a) shall, where applicable, direct the person to cease the 
conduct constituting the contravention within a specified 
period;
(b) may require the person to take such further a ction as in its 
opinion is necessary .294                  Supplement to Official Gazette   [20th June 2022]Immunity against financial penalty for  prohibited conduct r elating to 
competition
55.(1) The Tribunal shall, while imposing the financial penalty for 
committing a prohibited conduct relating to any provision under section 126, 
have regard to any corporate immunity af forded to an enterprise by the 
Commission, and where the Commission considers it reasonable, just and 
equitable and has recommended to do so, the Tribunal may grant an 
enterprise such immunity from the liability for the payment of a financial 
penalty in respect of a prohibited conduct relating to this Part.
(2) The Commission shall publish, in the Gazette  and on its website, 
a corporate immunity policy setting out the purpose of the policy and the 
conditions subject to fulfilment of which an enterprise may be af forded the 
corporate immunity under subsection (1).
Orders for  loss or  damage by Tribunal
56.(1) Where, in any proceedings under this Act, the Tribunal finds that 
a person, has suf fered, or is likely to suf fer, loss or damage by the conduct of 
any other person that constitutes or would constitute  —
(a) a contravention of any provision of this Act;
(b) aiding, abetting, counselling, or procuring such 
contravention;
(c) inducing by threats, promises or otherwise such 
contravention;
(d) being in any way , directly or indirectly , knowingly 
concerned in, or party to a contravention by any other 
person; or
(e) conspiring with any other person to commit a 
contravention of any provision of this Act,
the Tribunal may make an order  —
(i) declaring the conduct to be a prohibited conduct 
under this Act;[20th June 2022] Supplement to Official Gazette 295(ii) interdicting any prohibited conduct;
(iii) for interim relief;
(iv) imposing a financial penalty under section 54, with 
or without any other direction;
(v) confirming a settlement agreement under this Act;
(vi) confirming, varying or setting aside a compliance 
notice, prohibition notice, notice to submit 
information, or compulsory recall notice;
(vii) declaring the whole or any part of a contract to be 
void and, if the Tribunal thinks fit, to have been void 
ab initio  or at all times on and after such date before 
the date on which the order is made, as is specified 
in the order;
(viii) directing a person  —
(A) to refund money or return goods to a person;
(B) who engaged in the prohibited conduct, at that 
person's own expense, to repair , or provide 
parts for , goods supplied to the person who 
suffered, or is likely to suf fer, the loss or 
damage; or
(C) who engaged in the prohibited conduct, at that 
person's own expense, to supply specified 
service to the person who suf fered, or is likely 
to suf fer, the loss or damage; or
(ix) granting any other relief which may be required to 
give ef fect to a right under this Act.
Publication of decision of Tribunal
57.(1) The Tribunal shall provide a copy of its decision to the 296                  Supplement to Official Gazette   [20th June 2022]Commission and other relevant regulatory authority within a period of 7 
working days from the date of the decision.
(2) The Secretary may publish decisions of the Tribunal or a 
summary of its decisions in such manner and within such time as the 
Secretary thinks fit, for the general information of the public.
(3) The Chief Executive Of ficer may make reference to, circulate 
and publish the decisions of the Tribunal or a summary of them for 
information to the public.
Rectification of err ors
58.The Tribunal, on its own motion or on an application made to it, may 
by order correct grammatical, typographical and similar errors occurred in an 
order or decision of the Tribunal.
Appeal to Supr eme Court
59.(1) Subject to this section and the rules of the Supreme Court, a 
participant in a hearing before the Tribunal, dissatisfied with an order or 
decision of the Tribunal, may appeal to the Supreme Court against the 
decision of the Tribunal in that matter .
(2) The Supreme Court may af firm, reverse, amend or alter the 
decision appealed from, or remit the matter to the Tribunal with the 
directions of the Supreme Court thereon, and may make any order as to 
costs.
(3) The procedure on appeal shall be by written notice delivered to 
the Secretary within 30 days from the date of, the decision complained of 
unless extended by a Judge.
(4) The notice shall set forth the substance of such decision and the 
grounds of appeal.
(5) On receipt of such notice, the Secretary shall file the notice in 
the Registry of the Supreme Court with the original record, if any , and a brief 
statement of the grounds of the Tribunal's decision.[20th June 2022] Supplement to Official Gazette 297(6) The Registrar of the Supreme Court shall fix a date for the 
hearing of the appeal and his or her order together with a copy of the notice 
of appeal shall be served upon the respondent.
(7) After the decision of the Supreme Court, the Registrar of the 
Supreme Court shall transmit a certified copy of the decision to the Secretary 
and such decision may be enforced in the same way as if it were a decision of 
the T ribunal.
(8) The fees payable in an appeal to the Supreme Court from a 
decision of the Magistrates' Court shall mutatis mutandis  apply to an appeal 
under subsection (1).
(9) The Chief Justice may make rules prescribing matters of 
procedure on appeal not otherwise provided for in this Act.
Enfor cement of orders of Tribunal
60.(1) A decision or an order of the Tribunal may be served, executed 
and enforced in the same manner as a judgment or order of the Supreme 
Court under the Seychelles Code of Civil Procedure (Cap 213).
(2) An order of provisional seizure or provisional attachment may 
be validated and enforced in the same manner as an order of the Supreme 
Court under the Seychelles Code of Civil Procedure (Cap 213).
(3) Notwithstanding anything to the contrary  —
(a) the Commission may apply for the enforcement of a 
decision or order of the Tribunal by means of execution or 
the validation of an order of provisional attachment or 
provisional seizure;
(b) where a monetary award is made by the Tribunal in favour 
of a complainant, the complainant may in place of, and 
with notice to, or with the concurrence or consent of, the 
Commission, apply for the enforcement of the decision or 
order of the Tribunal by means of execution or the 
validation of an order of provisional attachment or 
provisional seizure;298                  Supplement to Official Gazette   [20th June 2022](c) the Commission may receive any sum of money in 
satisfaction of a decision or order of the Tribunal by reason 
of execution or otherwise.
(4) Any sum of money paid to and received by the Commission for 
a complainant in consequence of execution of a decision or order of the 
Tribunal under this section shall be paid to the complainant subject to such 
charge payable to the Commission as may be prescribed.
Chapter III
Settlement and Undert aking
Undertaking by enterprise
61.(1) The Commission may , at any time, during or after an investigation 
under this Part, accept an undertaking from an enterprise, subject to 
confirmation by the Tribunal.
(2) The Commission may seek costs incurred for the assistance of 
experts in relation to a case in which an undertaking is accepted.
(3) The Commission may seek an appropriate penalty which will 
reflect the breach when considering the undertaking.
(4) An undertaking under this section that is confirmed by the 
Tribunal shall be deemed a decision or an order of the Tribunal and shall be 
served, executed and enforced in the same manner as a decision or an order of 
the T ribunal.
(5) The Tribunal may , upon an application made to it, make any 
variation in an undertaking accepted by the Commission under this section.
Confirmation of settlements by Tribunal
62.(1) If a matter has been investigated by the Commission, and the 
Commission and the respondent agree to the proposed terms of an appropriate 
order , the Tribunal shall, without hearing any evidence and with the consent of 
the complainant, confirm that agreement as a consent order .
(2) A consent order under subsection (1) may include an award of 
damages and costs to the complainant.[20th June 2022] Supplement to Official Gazette 299(3) A consent order shall be deemed a decision or an order of the 
Tribunal and shall be served, executed and enforced in the same manner as a 
decision or an order of the Tribunal.
(4) The Tribunal may , upon an application made to it, make any 
variation in an agreement confirmed by it under this section.
PART IV
CONSUMER PROTECTION
Chapter I
Right to Fair , Just and Reasonable T erms and Conditions
Unfair , unr easonable or  unjust contract terms
63.(1) A supplier shall not  —
(a) supply or of fer to supply , or enter into an agreement to 
supply , any goods or service on terms that are unfair , 
unreasonable or unjust;
(b) market any goods or service, or negotiate, enter into or 
administer a transaction or an agreement for the supply of 
any goods or service, in a manner that is unfair , unreasonable 
or unjust; or
(c) require a consumer , or other person to whom any goods or 
service is supplied at the direction of the consumer  —
(i) to waive any rights;
(ii) assume any obligation; or
(iii) waive any liability of the supplier ,
on terms that are unfair , unreasonable or unjust, or impose any such terms as a 
condition of entering into a transaction.
(2) Without limiting the generality of subsection (1), a transaction or 
agreement, a term or condition of a transaction or agreement, or a notice to 300                  Supplement to Official Gazette   [20th June 2022]which a term or condition is purportedly subject to, is unfair , unreasonable or 
unjust if  —
(a) it is excessively one-sided in favour of any person other than 
the consumer or other person to whom goods or service is to 
be supplied;
(b) the terms of the transaction or agreement are so adverse to 
the consumer as to be inequitable;
(c) the consumer relied upon a false, misleading or deceptive 
representation or a statement of opinion provided by or on 
behalf of the supplier , to the detriment of the consumer; or
(d) the transaction or agreement was subject to a term or 
condition, or a notice to a consumer , and  —
(i) the term, condition or notice is unfair , unreasonable, 
unjust or unconscionable; or
(ii) the fact, nature and ef fect of that term, condition or 
notice was not drawn to the attention of the consumer .
(3) In subsection (2)(d)(i), “unconscionable”, in relation to any 
conduct, means unethical or improper to the extent that would shock the 
conscience of a reasonable person.
Assessment of unfairness of transaction or  agreement
64.(1)  In determining  whether  a term  of transaction  or agreement  
referred  to in section  66 is unfair , consideration  shall  be given  to the 
following   —
(a) the nature of the goods or service for which the transaction or 
agreement is concluded;
(b) the time of conclusion of the transaction or agreement;
(c) all the circumstances attending the conclusion of the 
transaction or agreement and all the other terms of the [20th June 2022] Supplement to Official Gazette 301transaction or agreement or of another transaction or 
agreement on which it is dependent, including the following 
circumstances  —
(i) the bar gaining power of the parties;
(ii) whether a consumer was subjected to undue pressure; 
and
(iii) whether the lack of knowledge or skill of a consumer 
was improperly taken advantage of; and
(d) whether they would be deemed unfair if not individually 
negotiated as set out in the Schedule.
(2) Insofar as a term of transaction or agreement is in plain, 
intelligible language, the assessment of its fairness shall not relate  —
(a) to the definition of the main subject-matter of the contract;  
or
(b) to the adequacy of the price or remuneration as against the 
goods and service supplied in exchange.
(3) Where it is asserted in any proceedings that a term of transaction 
or agreement is unfair , it is for the supplier to show that the term of transaction 
or agreement is not unfair .
(4) Without prejudice to subsection (1), the terms described in the 
Schedule are unfair .
Unfair  terms of transaction or  agreement not enfor ceable
65. An unfair term of transaction or agreement is not enforceable 
against the consumer .
Terms not individually negotiated
66.(1) A term of transaction or agreement is not individually negotiated 
for the purposes of this Part or the Schedule if it has been drafted in advance and 
the consumer was not able to influence the substance of the term.302                  Supplement to Official Gazette   [20th June 2022](2) Notwithstanding that a specific term or any aspect of it is in fact 
individually negotiated, the terms of t he rest of the agreement are regarded as 
terms that have not been individually negotiated for the purposes of this Part, if 
an assessment of the contract overall shows that the agreement is a pre-
formulated standard agreement.
(3) It is for the supplier that claims that a t erm of agreement was 
individually negotiated to show that it was so negotiated.
Void terms
67.(1) A term of a consumer contract, including a term that is not set out 
in the contract but is incorporated into the contract by another term in the 
contract is void if it purports to exclude, restrict or modify , or has the ef fect of 
excluding, restricting or modifying  —
(a) the application of any provision of this Part to the contract; 
or
(b) the exercising of a right conferred by any pr ovision of this 
Part.
(2) In this section and section 69, “consumer contract” means a 
contract between a supplier and a consumer where the contract is one  —
(a) governed by the laws of Seychelles or to which Part IV  
applies; and
(b)  in which the subject-matter is any goods or service.
Written terms to be plain and intelligible
68.(1) A supplier of goods or services shall provide the original written 
contract at no cost to the consumer to whom any goods or services are supplied.
(2) A supplier of goods or services shall ensure that a written contract 
term is expressed in plain, intelligible language.
(3) Where there is doubt as to the meaning of a written contract term, 
the interpretation that is most favourable to the consumer shall prevail.[20th June 2022] Supplement to Official Gazette 303Governing law
69. Notwithstanding any term in a consumer contract that the 
governing law of the contract is the law of a country other than Seychelles, or a 
term to the like ef fect, this part shall apply to that contract.
Chapter II
Right to Disclosure of Information
Information to be in plain and understandable language
70.(1) Where a person is required under this Act or any other written law 
to produce, provide or display a notice, document or other visual 
representation to a consumer , such notice, document or visual representation 
shall be  —
(a) in plain language; and
(b) in English, French or Creole.
(2) For the purposes of this Act, a notice, document or visual 
representation is in plain language if it is reasonable to conclude that an 
ordinary consumer or a class of persons to whom the notice, document a visual 
representation is intended, with average literacy skills and minimal experience 
as a consumer of the relevant goods or service, could be expected to understand 
the content, significance and import of the notice, document or visual 
representation without undue ef fort, having regard to  —
(a) the context, comprehensiveness and consistency of the 
notice, document or visual representation;
(b) the or ganisation, form and style of the notice, document or 
visual representation;
(c) the vocabulary , usage and sentence structure of the notice, 
document or visual representation; and
(d) the use of any illustrations, examples, hea dings or other aids 
to reading and understanding.304                  Supplement to Official Gazette   [20th June 2022](3) The Commission may publish guidelines for methods of assessing 
whether a notice, document or visual repre sentation satisfies the requirements 
of subsection (1).
(4) In this section, “visual representation” means any representation 
or illustration capable of being reproduced upon a surface, whether by printing 
or otherwise, but does not include a trade mark.
Warning concerning fact and natur e of risks
71.(1) The supplier  of any  activity or  facility that  is subject  to any  risk  —
(a) of an unusual character or nature;
(b) of which a consumer could not reasonably be expected to be 
aware of or have notice, or of which an ordinarily alert 
consumer could not reasonably be expected to have notice or 
contemplate in the circumstances; or
(c) that could result in serious injury or death,
shall specifically draw the fact, nature and potential ef fect of that risk to the 
attention of consumers by means of notice to the consumer or a provision in a 
consumer agreement in such manner that satisfies the requirements of 
subsections (2), (3) and (4), and consumers shall be deemed to have assented to 
that provision or notice by signing or initialing the provision or otherwise 
acting in the manner consistent with acknowledgement of the noticeable 
acceptance of the provision and awareness of the risk.
(2) A condition, provision or notice referred to in subsection (1) shall 
be written in plain and understandable language.
(3) The fact, nature or ef fect of the provision or notice referred to in 
subsection (1) shall be drawn to the attention of the consumer  —
(a) in a conspicuous manner and form that is likely to attract the 
attention of an ordinarily alert consumer , having regard to 
the circumstances; and[20th June 2022] Supplement to Official Gazette 305(b) before the time at which the consumer  —
(i) enters into the transaction or agreement begins to 
engage into the activity , or enters or gains access to the 
facility; or
(ii) is required or expected to of fer consideration for the 
transaction or agreement.
(4) The consumer shall be given an adequate opportunity in the 
circumstances to receive and comprehend the provision for notice referred to 
in subsection (1).
(5) A person who packages any hazardous or unsafe goods for supply 
to consumers shall display on or within that p ackaging a notice that complies 
with the requirements of section 74, and any other applicable standards, 
providing the consumer with adequate instructions for the safe handling and 
use of such goods.
(6) Subsection (5) does not apply to hazardous and unsafe goods to 
the extent that a substantially similar label or notice has been applied under any 
other written law .
(7) A person who installs any hazardous or unsafe goods referred to in 
subsection (5) for a consumer , or supplies such goods to a consumer in 
conjunction with the performance of any service, shall give the consumer the 
original copy of  —
(a) any document required under that subsection; or
(b) any similar document that applies to such goods under any 
other written law .
Disclosur e of prices of goods or  services
72.(1) A supplier shall display the price of all goods and services of fered 
for sale.
(2) Subsection (1) shall not apply where goods or services are 
displayed predominantly as a form of advertisement of the supplier .306                  Supplement to Official Gazette   [20th June 2022](3) A price of goods or service is adequately displayed to a consumer , 
if a written indication of the price exp ressed in the currency of Seychelles is  —
(a) annexed or af fixed to, written, printed, stamped or located 
on, or otherwise applied to the goods or to any band, ticket, 
covering, label, reel, shelf or other thing used in connection 
with the goods on which the goods are mounted for display 
or exposed for sale;
(b) in any other way represented, from which it may reasonably 
be inferred, that the price is a price applicable to the goods or 
service; or
(c) published into a catalogue available to the public if  —
(i) a time is specified in the catalogue as the time after 
which the goods or services will not be sold or 
provided at that price, and that time has not passed; or
(ii) in any other case, the catalogue may reasonably be 
regarded as not out of date.
(4) In this section, “price”, in respect of goods, includes a unit price.
Selling above displayed price and multiple prici ng
73.(1) Subject to subsections (2) to (4), a supplier in trade or commerce 
shall not require of a customer to pay a price for any goods or service  —
(a) higher than the displayed price in respect of such goods or 
service;
(b) that is the higher of any of the displayed prices in respect of 
the goods or service.
(2) Where a displayed price has been fully covered and obscured by a 
second or further displayed price, the second or further displayed price shall be 
regarded as the displayed price.[20th June 2022] Supplement to Official Gazette 307(3) In subsection (1), a reference to the displayed price in respect of 
the goods or service includes, in addition to prices displayed in the manner 
described in section 72(3), a reference to the price  —
(a) that is used in connection with the goods or service; or
(b) that is determined on the basis of anything encoded on or in 
relation to the goods or service.
(4) Where a price displayed in respect of particular goods or a service 
is written, stamped or located wholly or partly over another price, or other 
prices, displayed in respect of the goods or service, all the prices are, for the 
purposes of subsection (1), prices displayed in r espect of the goods or services.
(5) It is a defence to a prosecution of a person for a contravention of 
subsection (1) that  —
(a) the contravention in respect of which the prosecution 
instituted was due to the act or default of a person other than 
the director , employee or agent of the defendant, to an 
accident or to some cause beyond the defendant's control; 
and
(b) the defendant took all reasonable precautions and exercised 
due diligence to avoid the contravention.
(6) A price shall be  disregarded for the purposes of this section, if  —
(a) the goods in respect of which the price is displayed are duty-
free goods and the price is expressed in a currency other than 
Seychelles currency; or
(b) the price was displayed in respect of goods outside 
Seychelles for supply of the goods outside Seychelles and 
the supplier has taken all reasonable precautions to cover 
and obscure that price.
(7)  If, in addition to displaying a price in respect of any goods or 
service, a supplier has advertised or displayed a placard or similar device 
announcing that the price is, will be or has been reduced by  —308                  Supplement to Official Gazette   [20th June 2022](a) a monetary value, generally or in relation to any particular 
goods or service, the displayed price for the purpose of 
subsection (1) shall be regarded as the price immediately 
displayed in relation to the goods or services, minus the 
announced monetary value;
(b)  a percentage value, generally or in relation to any particular 
goods or service, the displayed price for the purpose of 
subsection (1) shall be regarded as the price immediately 
displayed in relation to the goods or service, minus an 
amount determined by multiplying that price by the 
percentage shown,
unless the supplier has applied two or more prices immediately to the goods or 
service and the dif ference between the highest and the lowest of those applied 
prices is equivalent to the advertised or placard reduction in price.
(8) In this section, “price,” includes any representation that may 
reasonably be inferred to be a representation of a price.
(9) Subsection (1) does not apply in respect of the  price of any goods 
or service if the price of the goods or service is determined by any other written 
law.
Product labelling and trade description
74.(1) Any goods sold in Seychelles shall have a label applied to clearly 
indicate the trade description, in English, French or Creole, unless otherwise 
stated by any other written law .
(2) A trade description is applied to the goods that are packaged or 
attached to the goods if it is  —
(a) woven in, impressed on, worked into or annexed or af fixed 
to the goods;
(b) applied to any covering, label, or reel or thing in, on or with 
which the goods are packaged, or attached t o the goods;
(c) displayed together with, or in proximity to, the goods in a [20th June 2022] Supplement to Official Gazette 309manner likely to lead to the belief that the goods are 
designated or described by that description; or
(d) contained in any sign, manual, advertisement, catalogue, 
brochure, circular , wine list, invoice, business letter , 
business paper or other commercial communication on the 
basis of which a consumer may request or order t he goods.
(3) In subsection (2)(b), a reference to  —
(a) a covering includes a reference to a stopper , glass, bottle, 
vessel, box, capsule, case, frame or wrapper; and
(b) a label includes a paper , fabric, plastic, ticket or similar 
material attached to the goods or af fixed on the goods 
providing information about the goods.
(4) A person shall not  —
(a) knowingly apply a trade description to any g oods, that is 
likely to mislead the consumer as to any matter implied or 
expressed in that trade description; or
(b) alter, deface, cover , remove or obscure a trade description to 
any goods in a manner to mislead consumers.
(5) A supplier of goods shall  —
(a) not of fer to supply , display or supply any particular goods if 
the supplier knows or reasonably could determ ine or has 
reason to suspect that  —
(i) a trade description applied to the goods is likely to 
mislead the consumer as to any matter implied or 
expressed in that trade description; or
(ii) a trade description applied to the goods has been 
altered as contemplated in subsection (4)(b);
(b) with respect to any goods within supplier's control take 310                  Supplement to Official Gazette   [20th June 2022]reasonable steps to prevent any other person from doing 
anything contemplated in paragraph (a).
(6) The Minister  in consultation  with  the  Commission  may  
prescribe   —
(a) categories of goods that are required to have a trade 
description applied to them under subsection (7);
(b) the information that is required to be included in any trade 
description;
(c) the form and manner in which the information is to be 
included in any trade description appli ed to the goods;
(d) the rules to be used, in accordance with any international 
agreement, for the purpose of determining the country of 
origin of goods or of components of any goods;
(e) the exemptions from the application of this section for 
categories of goods.
(7) The producer or importer of any goods prescribed under 
subsection (6), shall apply a trade description to the goods in any one of the 
Seychellois of ficial languages  —
(a) disclosing the country of origin of the goods; and
(b) disclosing any other prescribed information.
(8) A person shall not, in trade or commerce, suppl y any goods 
prescribed under subsection (6) that do not comply with the requirements of 
subsection (7).
(9) Subsection (8) does not apply to goods  that are intended to be used 
or consumed outside Seychelles and if these a re applied to goods  —
(a) a statement that the goods are for export only; or
(b) a statement indicating by the use of words authorised by the 
regulations to be used for the purposes of this section that the [20th June 2022] Supplement to Official Gazette 311goods are intended to be used outside Seychelles, it shall be 
presumed for the purposes of this subsection, unless the 
contrary is established, that the goods are used in the 
intended manner that they are produced for .
(10) Any goods which are technically complex, co ntain hazardous 
substances or require special skills for use shall be accompanied by an 
instruction manual in one of the nationa l languages.
(11) The instruction manual shall contain the information necessary 
for the consumer to use the goods safely , economically and for their intended 
purpose and to assemble, install, connect, maintain or store and, if necessary , 
destroy the goods in the correct manner and if the goods consist of several 
parts, the instruction manual shall contain a list of the parts constituting the 
goods,being the components of the set.
(12) Subsections (10) and (1 1) apply to goods of fered as movables.
(13) Any person who produces, imports, supplies or packages any 
prescribed goods shall display on, or in association with, the packaging of 
those goods, a notice in the prescribed manner and form that discloses the 
presence of any genetically modified i ngredients or components of the goods 
in accordance with any written law .
(14) A person shall not supply any goods with a trade description that 
indicates that the goods are intended for sale only in a country or jurisdiction, 
other than Seychelles.
Liability for  damage caused by goods not complying with pr escribed 
trade description r equir ements
75. Where a supplier supplies goods in contravention of section 74 by 
reason that no trade description is applied to the goods, or the trade description 
applied to the goods do not comply with prescribed information, and  —
(a) another person suf fers loss or damage by reason of not 
having particular information in relation to the goods; and
(b) that other person would not have suf fered the loss or damage 
if the trade description had been applied to the goods or the 312                  Supplement to Official Gazette   [20th June 2022]trade description applied to the goods had complied with the 
prescribed information,
the supplier shall be liable for the loss or damage caused to that other person.
Prohibition of supply without displaying shelf-life
76.(1) A person shall not of fer to supply , display or supply any goods 
endowed with a shelf life  —
(a) without displaying their shelf-life;
(b) at a date later than the date of shelf- life of the goods.
(2) Where a person supplies goods in contravention of subsection (1) 
and another person suf fers loss or damage by reason of the goods not being 
suitable for consumption, the first menti oned person shall be liable for the loss 
or damage caused to the other person.
(3) The Minister may , by order published in the Gazette  exempt any 
category of goods from the application of this section, subject to such 
conditions that the Minister may deem fit to impose.
(4) Notice of an order under subsection (3) shall be published in the 
Gazette .
Receipt of each transaction to be pr ovided to consumer
77.(1) A supplier of goods and service shall, at no cost to that consumer , 
provide a receipt   to a consumer to whom any goods or services are supplied.
(2) At any time, subsequent to the purchase, the receipt issued by the 
supplier shall be adequate proof of the purchase of the goods or services and 
may be used for the purposes of refund in any of the circumstances specified in 
this Act.
(3) A receipt under subsection (1) shall include  —
(a) the supplier's full name or registered business name;[20th June 2022] Supplement to Official Gazette 313(b) the address of the premises at which, or from which the 
goods or services were supplied;
(c) the date on which the transaction occurred;
(d) the name or description of any goods or service supplied;
(e) the unit price of any particular goods;
(f) the quantity of any particular goods;
(g) the total price of the transaction, bef ore any applicable taxes;
(h) the amount of any applicable taxes;
(i) the total price of the transaction, including any applicable 
taxes.
(4) The Minister may , by order published in the Gazette , exempt any 
category of goods and services, or amount or  circumstances of trade from the 
application of this section subject to such conditions that the Minister may 
deem fit to impose.
(5) Notice of an order under subsection (4) shall be published in the 
Gazette .
Full cost to be stated in certain cases
78. A person shall not, in trade or commerce, in connection with the 
supply or intended supply of goods or a service or in connection with the 
promotion by any means of the supply of goods or service, make a  
representation with respect to an amount that, if paid, would constitute a part of 
the consideration for the supply of the goods or  service, unless  —
(a) where the transaction is not a credit transaction, it also 
specifies the cash price of the goods or service;
(b) where  the transaction  is a credit  transaction,  it also  
specifies   —314                  Supplement to Official Gazette   [20th June 2022](i) the total sum to be paid for the goods or service;
(ii) the number of instalments by which payment is to be 
made;
(iii) the rate and amount of interest that will be char ged and 
be payable; and
(iv) the deposit, if any , that must be made prior to the 
supply of goods or service.
Identification of deliver ers, installers and others
79. Where a person is engaged in direct marketing in person at the 
premises of a consumer , or performing any service for a consumer or 
delivering any goods to, or installing any goods for , a consumer , at any such 
premises, that person shall  —
(a) visibly wear or display a badge or similar identification 
device that satisfies the prescribed standards; or
(b) provide suitable identification on request by the consumer .
Chapter III
Right to Fair and Responsible Marketing
General standards for  advertisement of goods and services
80. A person shall not advertise any goods or service in a manner that 
is  —
(a) reasonably likely to imply a false or , misleading 
representation concerning the goods or services, or
(b) misleading,  fraudulent  or deceptive,  including  in respect  of  —
(i) the nature, properties, advantages or uses of  the goods 
or service;
(ii) the manner in or conditions on which the goods or 
service may be supplied;[20th June 2022] Supplement to Official Gazette 315(iii) the price at which the goods or service may be 
supplied, or the existence of, or relationship of the 
price to, any previous price or competitor's price for 
comparable or similar goods or service;
(iv) the sponsoring of any event; or
(v) any other material aspect of the goods or service.
Prohibition of bait advertising
81.(1) No person shall advertise for supply at a specified price goods or 
service which that person  —
(a) does not intend to supply; or
(b) does not have reasonable grounds for believing that the 
person can supply ,
at that price, for a period that is, and in quantities that are, reasonable having 
regard to the nature of the market in which the person carries on business and 
the nature of the advertisement.
(2) In a prosecution for a failure to of fer goods or services to a 
consumer in accordance with subsection (1), it shall be a defence if the 
person char ged proves that  —
(a) he or she of fered to supply or to procure another person to 
supply , to the consumer , within a reasonable time, goods or 
services of the kind advertised, in a reasonable quantity 
and at the advertised price, and where the of fer is accepted 
by the consumer , that the person has so supplied or 
procured another person to supply , the goods or services; 
or
(b) he or she of fered to supply to the consumer immediately , 
or to procure another person to supply to the consumer 
within a reasonable time, equivalent goods or services, in a 
reasonable quantity and at the advertised price, and where 316                  Supplement to Official Gazette   [20th June 2022]the of fer is accepted by the consumer , that the person has 
so supplied or procured another person to supply , such 
equivalent goods or services.
Regulation of distance selling
82.(1) The Minister may , after consulting the Commission, make such 
regulations as the Minister considers appropriate for the purpose of 
protecting consumers in relation to distance selling.
(2) The regulations made under subsection (1) may include any one 
or all of the following provisions  —
(a) regulating advertising and marketing of distance selling;
(b) with respect to the information that must be supplied to 
consumers of distance selling;
(c) with respect to the transparency , clarity and fairness of 
distance selling;
(d) requiring information to be given to consumers enabling 
them to exercise their choice.
(3) In this section, “distance selling” means a contract concerning 
any goods or service concluded between a supplier and a consumer under a 
scheme operated by the supplier , which, for the purposes of the contract, 
makes exclusive use of one or more means of distance communication up to 
and including the point at which the cont ract is concluded and includes 
electronic commerce, online selling or mail selling.
Prohibition of r eferral selling
83.A person shall not, in trade or commerce, induce a consumer to 
acquire goods or services under a contract by representing that the consumer 
will, after the contract is made, receive a rebate, commission or other benefit 
in return for giving that person names of prospective customers or otherwise 
assisting that person to supply goods or services to other consumers, if the 
receipt of the rebate, commission or other benefit is contingent on an event 
occurring after the contract is made.[20th June 2022] Supplement to Official Gazette 317Restrictions on pr omotion of sales
84.(1) A person in trade or commerce shall not, by any means in 
connection with the promotion or intended supply of goods or services on 
sale, of fer such goods and services at a discounted price, unless the price of 
the goods or services stated as the price from which the discount is deducted 
is accurate.
(2) A person shall be deemed to have contravened subsection (1) if, 
in the course of any business, the person gives a pr ice indication that is 
misleading.
(3) A price indication is misleading if it su ggests  —
(a) that it is less than the actual price;
(b) that the applicability of the price d oes not depend on facts 
or circumstances on which its applicability does in fact 
depend;
(c) that the price is all the consumer has to pay when in fact 
there are hidden char ges;
(d) that the price will be increased, reduced or maintained 
when the person giving the price indication has no such 
expectation;
(e) that the facts or circumstances by reference to which 
consumers might reasonably be expected to judge the 
validity of any relevant comparison made or implied by 
the indication are not what in fact they are.
Chapter IV
Right to Fair and Honest Dealing
Misleading or  deceptive conduct in r elation to goods and services
85.(1) A person shall not, in trade or commerce in connection with the 
supply or possible supply of goods or service or in connection with the 
promotion by any means of the supply or use of goods or services, engage in 
conduct that is, or is likely to mislead or deceive the public.318                  Supplement to Official Gazette   [20th June 2022](2) Nothing in this Part is to be construed as limiting the generality 
of subsection (1).
Prohibition of false r epresentation
86. A person shall not, in trade or commerce, in connection with the 
supply or possible supply of goods or services or in connection with the 
promotion by any means of the supply or use of goods  or services  —
(a) falsely represent that goods are of a particular standard, 
quality , value, grade, composition, style, or model or have 
had a particular history or a particular previous use;
(b) falsely represent that services are of a particular standard, 
quality , value or grade;
(c) falsely represent that goods are new;
(d) falsely represent that a particular person has agreed to 
acquire goods or services;
(e) represent that goods or services have sponsorship, 
approval, af filiation, performance, characteristics, 
accessories, uses or benefits that they do not have;
(f) make a false or misleading representation concerning the 
price of any goods or services;
(g) make a false or misleading representation concerning the 
need for any goods, services, replacements or repairs, or 
concerning their availability of facilities for the repair of 
goods or the availability of spare parts for  goods;
(h) make a false or misleading representation concerning the 
place of origin of goods; or
(i) make a false or misleading representation concerning the 
existence, exclusion or ef fect of any condition, warranty , 
guarantee, right or remedy relating to g oods or services.[20th June 2022] Supplement to Official Gazette 319Inequitable conduct in consumer  transactions
87.(1) A person shall not, in trade or commerce, as a supplier , in 
connection with  —
(a) the supply or possible supply of goods or services to 
another person; or
(b) the acquisition or possible acquisition of  goods or services 
from another person,
engage in conduct that is, in all the circumstances, inequitable.
(2) Without limiting the matters with regard to which a 
determination may be made whether a person has contravened subsection (1) 
in connection with the supply or possible supply of goods or services to the 
consumer or business consumer , regard may be had to  —
(a) the relative strengths of the bar gaining positions of the 
person and the consumer;
(b) whether , as a result of conduct engaged in by the person, 
the consumer was required to comply with conditions that 
were not reasonably necessary for the protection of the 
legitimate interests of the person;
(c) whether the consumer was able to substantial ly protect his 
or her interests in view of a physical or mental disability , 
illiteracy , ignorance or inability to understand the language 
of an agreement;
(d) whether the consumer was able to understand any 
documents relating to the supply or possible supply of 
goods or services;
(e) whether any undue influence or pressure was exerted on, 
or any physical force, coercion, duress, harassment or 
unfair tactics were used against, the consumer or a person 
acting on behalf of the consumer by the supplier or other 320                  Supplement to Official Gazette   [20th June 2022]person acting on behalf of the supplier , in relation to the 
supply or possible supply of the goods or services;
(f) the amount for which, and the circumstances under which, 
the consumer could have acquired identical or equivalent 
goods or services from another supplier;
(g) the extent to which the supplier's conduct towards the 
consumer was consistent with the supplier's conduct in 
similar transactions between the supplier and other like 
consumers;
(h) the requirements of any applicable industry code;
(i) the requirements of any other industry code, if the 
consumer acted on the reasonable belief that the supplier 
would comply with the code;
(j) the extent to which the supplier unreasonably failed to 
disclose to the consumer  —
(i) any intended conduct of the supplier that might 
affect the interests of the consumer;
(ii) any risks to the consumer arising from the suppl ier's 
intended conduct, being risks that the supplier 
should have foreseen would not be apparent to the 
consumer;
(k) the extent to which the supplier was willing to negotiate 
the terms and conditions of any contract for supply of the 
goods and services with the consumer; and
(l) the extent to which the supplier and the consumer acted in 
good faith.
(3) In subsection (2), “business consumer” means a consumer 
where transaction or business is conducted between one enterprise and 
another .[20th June 2022] Supplement to Official Gazette 321(4) For the purpose of determining whether a person has 
contravened subsection (1) in connection with the supply or possible supply 
of goods or services to any other person, regard  —
(a) shall not be had  to any circumstances that were not 
reasonably foreseeable at the time of the alleged 
contravention; and
(b) may be had  to conduct engaged in or circumstances 
existing before the commencement of this Act.
(5) A person shall not be taken for the purposes of this section to 
engage in inequitable conduct in connection with the supply or possible 
supply of goods or services to another person by reason only that the other 
person institute legal proceedings in relation to that supply or possible 
supply or refers a dispute or claim in relation to the supplier or possible 
supply to arbitration.
(6) A reference in this section to goods or services is a reference to 
goods or services of a kind ordinarily acquired for personal, domestic or 
household use or consumption.
(7) A reference in this section to the supply or possible supply of 
goods does not include a reference to the supp ly or possible supply of goods 
for the purpose of re-supply or for the purpose of transforming them in trade 
or commerce.
Offering gifts, prizes and fr ee offers
88.(1) No supplier shall of fer any gift, prize or other free item  —
(a) with the intention of not providing it; or
(b) with the intention of not providing it as of fered.
(2) No supplier shall, in of fering any gift, prize or other free item 
with the purchase of any goods or services, whether or not contingent on the 
purchase of other goods or services  —322                  Supplement to Official Gazette   [20th June 2022](a) charge more than the regular price for the good s or services 
to be purchased; or
(b) reduce the quantity or quality of the goods or services to be 
purchased.
(3) A supplier who of fers a gift, prize or other free item may impose 
any reasonable condition on the of fer.
(4) Where a supplier imposes a condition on the of fer, he or she 
shall  —
(a) describe the condition clearly;
(b) ensure that the description of the condition is 
conspicuously placed near the expression “free” or “free 
offer”, as the case may be; and
(c) ensure that the print of the description of the condition is at 
least half as lar ge as the print used for the expression 
“free” or “free of fer”.
(5) For the purposes of this section, “free” or “fre e offer” includes 
any expression of similar meaning; and “regular price" means the price at 
which similar goods or service are regularly sold on the market.
Dishonestly accepting payment
89. A person shall not, in trade or commerce, as a supplier , accept 
payment or other consideration for goods or service where at the time of the 
acceptance  —
(a) the person does not intend to supply the goods or service; 
or
(b) a person intends to supply goods or a service materially 
different from the goods or service in respect of which the 
payment or other consideration is accepted.[20th June 2022] Supplement to Official Gazette 323Prohibition of pyramid selling scheme
90.(1) A person shall not promote or operate a pyramid selling scheme.
(2) In this section, “pyramid selling scheme” means a scheme  —
(a) that provides for the supply of any goods or service or both 
for reward;
(b) that, to participants in the scheme, constitutes primarily an 
opportunity to sell an investment opportunity rather than 
an opportunity just to supply any goods or service; and
(c) that is unfair , or is likely to be unfair , to the participants in 
that  —
(i) the financial rewards of the participants is dependent 
on the recruitment of additional parti cipants;
(ii) the number of additional participants that must be 
recruited to produce a reasonable reward to 
participants is either not attainable, or is not likely to 
be attained, by the participants;
(3) In subsection (2), “participant” means a participant in the 
pyramid selling scheme.
Prohibition of over -selling and over -booking
91.(1) This section does not apply to a consumer agreement pertaining 
to the supply of any special-order goods.
(2) A supplier shall not accept payment or other consideration for 
any goods or service if the supplier  —
(a) has no reasonable basis to assert an intention to supply the 
goods or provide the service; or
(b) intends to supply goods or a service that are materially 324                  Supplement to Official Gazette   [20th June 2022]different from the goods or service in respect of which the 
payment or consideration was accepted.
(3) If a supplier makes a commitment or accepts a reservation to 
supply goods or a service on a specified date or at a specified time and, on 
the date and at the time contemplat ed in the commitment or reservation, fa ils 
to do so due to insuf ficient stock or capacity to supply the goods or service, 
the supplier shall  —
(a)  refund the amount, if any , paid in respect of those goods or 
that service together with interest at the prescribed rate 
from the date on which the amount was paid until the date 
of refund of the amount to the consumer; and
(b) in addition, compensate the consumer for costs directly 
incidental to the supplier's breach of the contract, except to 
the extent that subsection (5) provides otherwise.
(4)  It is a defence to an alleged failure to supply any goods or 
service under subsection (3), if  —
(a) the supplier of fered to supply or procure another person to 
supply a consumer with comparable goods or service of 
the relevant kind to satisfy the consumer's request; and
(b) the consumer  —
(i) accepted the of fer, and the supplier has supplied or 
procured another person to supply the goods or 
service so of fered and accepted; or
(ii) unreasonably refused that of fer.
(5) Subsection (3)(b) does not apply if  —
(a) the shortage of stock or capacity is due to c ircumstances 
beyond the supplier's control, subject to subsection (6); 
and[20th June 2022] Supplement to Official Gazette 325(b) the supplier took reasonable steps to inform the consumer 
of the shortage of stock or capacity as soon as i t was 
practicable to do so in the circumstanc es.
(6) Without prejudice to subsection (5)(a), a shortage of stock or 
capacity is not regarded due to circumstances beyond the supplier's control if 
the shortage results partially or completely , directly or indirectly from a 
failure on the part of the supplier to carry out any ordinary or routine matter 
pertaining to the supplier's business.
(7) In this section and in section 92, “special -order goods” means 
goods that a supplier expressly or implicitly was required or expected to 
procure, create or alter specificall y to satisfy the consumer's requirements.
Consumer's right to cancel advance r eservation, booking or  order
92.(1) This section does not apply in respect of any special-order 
goods.
(2) Subject to subsections (3) and (4), a consumer has the right to 
cancel any advance booking, reservation or order for any goods or service to 
be supplied.
(3) A supplier who makes a commitment or accepts a reservation to 
supply goods or a service on a later date may  —
(a) require payment of a reasonable deposit in advance; and
(b) impose a reasonable char ge for cancellation of the order or 
reservation, subject to subsection (5).
(4) For the purposes of this section, a char ge is unreasonable if it 
exceeds a fair amount in the circumstances, having regard to  —
(a) the nature of the goods or service that were reserved or 
booked;
(b) the length of notice of cancellation provided by the 
consumer;326                  Supplement to Official Gazette   [20th June 2022](c) the reasonable potential for the service provider , acting 
diligently , to find an alternative consumer between the 
time of receiving the cancellation notice and the time of 
the cancelled reservation; and
(d) the general practice of the relevant industry .
(5) A supplier shall not impose any cancellation fee in respect of a 
booking, reservation or order if the consumer is unable to honour the 
booking, reservation or order because of the death or unforeseen admission 
to a hospital for treatment of an illness of the person for whom, or for whose 
benefit the booking, reservation or order was made.
Chapter V
Supplier's Account ability to Consumers
Consumer's right to assume supplier  is entitled to sell goods
93.(1) It shall be implied in every transaction or agreement, that  —
(a) in the case of a supply of goods, the supplier has the legal 
right, or the authority of the legal owner , to supply the 
goods;
(b) in the case of an agreement to supply goods, the supplier 
will have a legal right, or the authority of the legal owner , 
to  —
(i) sell the goods at the time the title to the goods is to 
pass to the consumer; or
(ii) lease the goods at the time the lessee is to take 
possession of the leased goods;
(c) as between the supplier and the consumer , the supplier is 
fully liable for any char ge or encumbrance pertaining to 
the goods in favour of any third party , unless  —
(i) such char ge or encumbrance is disclosed in writing 
to the consumer before the transaction or agreement 
is concluded; or[20th June 2022] Supplement to Official Gazette 327(ii) the supplier and consumer have colluded to defraud 
the third party; and
(d) the supplier guarantees that the consumer is to have and 
enjoy quiet possession of the goods, subject to any char ge 
or encumbrance disclosed under paragraph (c)(i).
(2) If, as a result of any transaction or agreement in which goods are 
supplied to a consumer , a right or claim of a third party pertaining to the 
goods is infringed or compromised, the supplier is liable to the third party to 
the extent of the infringement or compro mise of that person's rights 
pertaining to the goods, except to the extent of a char ge or encumbrance 
disclosed under subsection (1)(c) (i).
Availability of spar e parts
94.(1) If the goods purchased by the consumer are of a nature that may 
require maintenance, or replacement  of parts, then, the maintenance of goods 
or replacement of parts shall be made available within a reasonable time 
from the date of the delivery of the goods to the consumer .
(2) The supplier may release himself or herself from this obligation 
by specifically and expressly warning the consumer in writing, before the 
purchase is concluded, that he or she does not supply replacement parts or 
offer a repair service.
Return of parts and materials
95.(1) When a supplier is authorised to perform any repair or 
maintenance to any goods or property belonging to or ordinarily under the 
control of the consumer , the supplier may  —
(a) retain any parts or components removed from any goods or 
property in the course of any repair or maintenance;
(b) keep the parts or components separate from parts removed 
from other goods or property; and
(c) return the parts or components to the consumer in a 
reasonably clean container , unless the consumer declines 
the return of any such parts or materials.328                  Supplement to Official Gazette   [20th June 2022](2) This section does not apply to any substance, parts or 
components that are required  —
(a) in terms of any warranty under which the work was carried 
out, to be returned to, or disposed of at the direction of, the 
producer or distributor;
(b) in terms of any insurance claim under which  the work was 
carried out, to be returned to, or disposed of at the direction 
of, the insurer; or
(c) under any written law , to be recovered or disposed of in a 
safe manner in the interests of environmental safety or 
public health and safety .
Products as parts of other  goods
96.A person who supplies any goods of which other products form part, 
whether being component parts or raw materials or otherwise, shall not be 
treated by reason only of the supply of the goods as supplying any of the 
other products that form part of the goods so supplied.
Lay-bys
97.(1) Notwithstanding any other written laws, if a supplier agrees to 
sell particular goods to a consumer , to accept payment for the goods in 
periodic instalments, and to hold the goods until the consumer has paid the 
full price of the goods  —
(a) each amount paid by the consumer to the supp lier remains 
the property of the consumer , until the goods have been 
delivered to the consumer; and
(b) the particular goods remain at the risk of the supplier until 
the goods have been delivered to the consumer .
(2) If a supplier is unable to deliver any goods under subsection (1) 
when the consumer has paid the full price for the goods, the supplier shall, at 
the direction of the consumer  —[20th June 2022] Supplement to Official Gazette 329(a) supply an equivalent quantity of goods that are comparable 
or superior in description, design and quality to the 
consumer; or
(b) refund to the consumer the money paid by the consumer , if 
the inability to supply the goods is due to ci rcumstances 
beyond the supplier's control.
(3) Without prejudice to subsection (2)(b), the failure to supply the 
goods is not regarded due to circumstances beyond the supplier's control, if 
the shortage results partially or completely , directly or indirectly , from a 
failure on the part of the supplier to carry out any ordinary or routine matter 
pertaining to the supplier's business.
(4) If a consumer terminates the agreement referred to in subsection 
(1) before fully paying for the goods, or fails to complete the payment for the 
goods within 60 days after the anticipated date of completion, the supplier —
(a) may char ge a termination penalty in respect of the goods, 
subject to subsection (5); and
(b) after deducting such termination penalty , shall refund to 
the consumer any amount paid by the consumer under the 
agreement.
(5) A cancellation  penalty  under  subsection  (4) shall  not be charged  —
(a) if the consumer's failure to complete payment was due to 
the death of the consumer or to his or her unforeseen 
admission to a hospital for treatment of an illness; or
(b) in any other case, unless the supplier informed the 
consumer of the fact and extent of the penalty before the 
consumer entered into the lay-by agreement.
Chapter VI
Right to Choose
Unsolicited goods or  services
98.(1) Subject to subsection (2), goods and services are unsolicited in 
any of the following circumstances  —330                  Supplement to Official Gazette   [20th June 2022](a) if, during any direct marketing of goods or a service, a 
supplier or a person acting on behalf of a supplier has left 
any goods with, or performed any service for , a consumer 
without requiring or arranging payment for them, the 
goods or service is unsolicited;
(b) if, a consumer is a party to an agreement contemplating the 
periodic delivery of goods during the life of the agreement, 
and  —
(i) during the course of that agreement, the supplier 
introduces goods or a service that is materially 
different from the goods or service previously 
supplied to an extent not reasonably contemplated in 
the agreement, the new goods or service are 
unsolicited, unless the consumer expressly 
consented to the material change; or
(ii) after the termination of that agreement, the supplier 
delivers any further goods to the consumer , other 
than under any dif ferent agreement or transaction, 
the further goods are unsolicited goods;
(c) if a supplier delivers goods or performs service at a 
location, date or time other than as agreed, and the 
consumer has rejected that delivery or performance, the 
goods or service are unsolicited; or
(d) if any goods have been delivered to, or any service 
performed for , a consumer by or on behalf of a supplier 
without the consumer having expressly or implicitly 
requested that delivery or performance, the goods or 
service are unsolicited.
(2) Notwithstanding subsection (1) and, if  —
(a) within 10 days after delivery of any goods to a consumer , 
the supplier informs the consumer that the goods were 
delivered in error , the goods become unsolicited only if the [20th June 2022] Supplement to Official Gazette 331supplier fails to recover them within 20 days after so 
informing the consumer; or
(b) any goods are delivered to a consumer and  —
(i) the goods are clearly addressed to another person, 
and have obviously been wrongly delivered; or
(ii) having regard to the circumstances of the delivery , it 
would be apparent to the ordinarily alert consumer 
that the goods were intended to be delivered to 
another person,
the goods become unsolicited goods only if the recipient gives a notice under 
subsection (13) to the apparent supplier or the deliverer that the goods were 
wrongly delivered and the goods are not recovered within the following 20 
days.
(3) A person in possession of goods under this section  —
(a) shall not frustrate or impede any reasonable action of the 
supplier or deliverer to recover the goods within the time 
allowed under subsection (2);
(b) is not liable to make any payment for the goods or service;
(c) is not responsible for any cost pertaining to the storage or 
recovery of the goods or further delivery of them to 
another person;
(d) is not liable for any loss of or damage to the goods during 
the time they are in the person's control or possession, 
other than loss or damage resulting from the doing by the 
first mentioned person of a willful and unlawful act in 
relation to the goods.
(4) A person who fails to comply with subsection (3)(a) is liable to 
the supplier or deliverer for any additional costs of recovery of, or damage 
to, the goods arising as a result of anything done to frustrate or impede the 
lawful recovery of the goods.332                  Supplement to Official Gazette   [20th June 2022](5) A person in possession of unsolicited goods may  —
(a) retain the goods; or
(b) return the goods to the apparent supplier or deliverer at the 
risk and expense of the supplier or deliverer .
(6) Where a person retains any unsolicited goods under sub section 
(5)(a)  —
(a) the property in the goods passes unconditionally to the 
person, subject to any right or valid claim that an 
uninvolved third-party may have with respe ct to the goods;
(b) the person who supplied or delivered the goods is liable to 
any other person in respect of any right or valid claim 
relating to such goods.
(7) A person has no obligation to pay the supplier for unsolicited 
goods or service, or a deliverer for the costs of delivery of any unsolicited 
goods.
(8) If a consumer has made any payment to a supplier or deliverer in 
respect of any char ge relating to unsolicited goods or service, or the delivery 
of any such goods, the consumer is entitled to recover that amount with 
interest from the date on which it was paid to the supplier or deliverer .
(9) A supplier is liable to pay the recipient  of the unsolicited goods 
such reasonable costs as are incurred in respe ct of the storage of the goods.
(10) A person shall not, in trade or commerce, as a supplier , assert 
demand or right to, or attempt to collect, any payment from another person in 
respect of  —
(a) any char ge relating to unsolicited goods left in the 
possession of that person or the delivery of any such 
goods; or
(b) any unsolicited service supplied to or for the benefit of that 
person, except as provided under subsection (4).[20th June 2022] Supplement to Official Gazette 333(11) For the purposes of this section, a person shall be deemed to 
assert a right to a payment from another person for unsolicited goods or 
service if the first mentioned person  —
(a) makes a demand for the payment, or asserts a present or 
prospective right to the payment;
(b) threatens to bring any legal proceedings with a view to 
obtaining the payment;
(c) places or causes to be placed the name of the other person 
on the list of defaulters or debtors, or threatens to do so, 
with a view to obtaining the payment;
(d) invokes or causes to be invoked any other collection 
procedure, or threatens to do so, with a view to obtaining 
the payment; or
(e) sends any invoice or other document stating the amount of 
the payment or setting out the price of the goods or 
services and not stating as prominently , or more 
prominently , that no claim is made to the payment or to 
payment of the price.
(12) In the case of a contravention constituted by asserting a right to 
payment from a person for unsolicited goods or service, the burden lies on 
the defendant or respondent of proving that the defendant or respondent had 
reasonable cause to believe that there was a right to payment.
(13) A notice under subsection (2)(b) shall be in writing and shall  —
(a) state the name and address of the person who received the 
goods;
(b) state the address at which possession may be taken of the 
goods if it is an address other than that stated under 
paragraph (a); and
(c) contain a statement to the ef fect that the goods are 
unsolicited goods.334                  Supplement to Official Gazette   [20th June 2022](14) In this section, “unsolicited goods or servic e” means any goods 
or service supplied to the consumer without an agreement and payment 
arrangement between the consumer and the  provider or supplier of the goods 
or service.
Rules applying to cancellation of contract
99.(1) A cancellation of a contract for the supply of a service shall not 
take ef fect  —
(a) before the time at which the cancellation is communicated 
to the supplier; or
(b) where it is not reasonably practicable to communicate with 
the supplier , before the time at which the consumer 
indicates to the supplier , by means which are reasonable in 
the circumstances, his or her intention to cancel the 
contract.
(2) Subject to subsection (3), a cancellation of the contract may be 
communicated by words or conduct, or both, which indicate the intention of 
the consumer to cancel the contract, and it shall not be necessary to use any 
particular form of words, if the intention to cancel is clear .
(3) Where it is reasonably practicable to communicate with the 
supplier , subsection (2) shall take ef fect subject to any express provision in 
the contract requiring notice of cancellation to be in writing.
Chapter VII
Right to Safety
General safety r equir ements
100.(1) A person shall not, in trade or commerce  —
(a) supply any goods which fail to comply with general safety 
requirements;
(b) offer or agree to supply any goods referred to in paragraph 
(a); or[20th June 2022] Supplement to Official Gazette 335(c) expose or possess any goods referred to in paragraph (a).
(2) For the purposes of this section, goods fail to comply with the 
general safety requirements if the goods are not  safe having regard to all the 
circumstances, including  —
(a) the manner in which, and the purposes for which, the 
goods are being or would be marketed, their composition 
or structure, the use of any mark in relatio n to the goods 
and instructions or warnings which are given or will be 
given with respect to the keeping, use or consumption of 
the goods;
(b) any mandatory standard specification declared by the 
Seychelles Bureau of S tandards; or
(c) any standards of safety published by any person or 
authority , and having legal ef fect if published, either for 
goods of a description that applies to the goods in question 
or for matters relating to goods of that description; or
(d) the existence of any means by which it would have been 
reasonable for the goods to be made safer .
(3) For the purposes of this section, goods shall not be  regarded as 
failing to comply with the general safety requirements  in respect of  —
(a) anything which is shown to be attributable to compliance 
with any requirement imposed by or under any wr itten law 
applicable in Seychelles; or
(b) any failure to do more in relation to any m atter than is 
required by  —
(i) any mandatory standard specification referred to in 
subsection (2)(b) or any standards of safety referred 
to in subsection (2)(c) and imposing requirem ents 
with respect to that matter; or336                  Supplement to Official Gazette   [20th June 2022](ii) any written law imposing such requirements with 
respect to that matter as are designated by any such 
law.
(4) In any proceedings against a person for contravention of 
subsection (1),  it is a defence for that person to show  —
(a) that the person reasonably believed that the goods would 
not be used or consumed in Seychelles; or
(b) that both of the following conditions are satisfied  —
(i) that the person supplied the goods, of fered or agreed 
to supply them or exposed or possessed them for 
supply in the course of carrying on a retail  business;
(ii) that, at the time the person supplied the goods or 
offered to supply them, the person neither knew nor 
had reasonable grounds for believing that t he goods 
failed to comply with the general safety 
requirements.
(5)  For the purposes of subsection (4) (b), goods are supplied in the 
course of carrying on a retail business, if  —
(a) whether or not they are acquired for a person's private use 
or consumption, they are supplied in the course of carrying 
on business of supplying goods to persons who generally 
acquired them for private use or consumption; and
(b) the descriptions of goods that are supplied in the course of 
their business do not, to a significant extent, include 
manufactured or imported goods that have not previously 
been supplied in Seychelles.
Liability for  damages caused by goods not complying with general 
safety r equir ement
101. Where a person supplies goods in contravention of section 100 
by reason that the goods do not comply with the  general safety requirements [20th June 2022] Supplement to Official Gazette 337and another person suf fers loss or damage by reason of a defect in, or a 
dangerous characteristic of the goods, or by reason of not having particular 
information in relation to the goods and that other person would not have 
suffered loss or damage if the goods had complied with the general safety 
requirements, the first mentioned person shall be liable for the loss or 
damage caused to the other person. 
Recovery and safe disposal of designated pr oducts or  components
102.(1) If any written law prohibits the disposal or deposit of any 
particular goods, or any components, remnants, containers or packaging of 
any goods, into a common waste collection system  —
(a) any person who in the ordinary course of business supp lies 
goods of that kind to consumers, shall accept the return of 
any such goods, components, remnants, containers or 
packaging from the consumer , without char ge to the 
consumer , irrespective of whether that person supplied the 
particular object to that particular consumer; and
(b) any person who in the ordinary course of business 
produces, imports or distributes any such goods as part of 
the supply chain by which the goods reach the consumer , 
shall in turn accept the return of any such goods, 
components, remnants, containers or packaging from any 
supplier contemplated in paragraph (a).
(2) If any regulation or industry waste management plan for the 
management of a specific waste type under any written law applies, the 
consumer may dispose of or deposit the goods at a collection facility 
provided for in the regulation or industry waste management plan.
Prohibition on the exclusion of liability
103. The liability of a person under this Part to  a person who has 
suffered loss or damage caused wholly or partly by unsuitable or defective 
goods or to a dependant or relative of such person shall not be limited or 
excluded by any contract term, notice or any other written law .338                  Supplement to Official Gazette   [20th June 2022]Chapter VIII
Right to Fair V alue, Good Quality and Safety for Performance of 
Services and Supply of Goods
Standards for  performance of services
104.(1) Subject to this Part, where a supplier undertakes to perform any 
service for or on behalf of a consumer , the supplier shall, having regard to 
the circumstances of the supply and any specific criteria or condition agreed 
between the supplier and the consumer before or during the performance of 
the service  —
(a) perform and complete that service in a timely manner and 
give to the consumer timely notice of any unavoidable 
delay in the performance of the service;
(b) perform the service in a manner and of a quality that 
persons are generally entitled to expect;
(c) where goods are required for performance of the service, 
use, deliver or install such goods that are fr ee of defects 
and are of a quality that persons are generally entitled to 
expect; and
(d) return any property or control over any property of the 
consumer in at least as good condition as it was when the 
consumer made it available to the supplier for the purpose 
of supplying the service.
(2) Where a supplier fails to perform a service to the standard 
specified in subsection (1), the supplier shall  —
(a) remedy any defect in the quality of the service performed 
or the goods supplied or;
(b) refund to the consumer a proportionate portion or the 
whole of the price paid for the service perf ormed or goods 
supplied, having regard to the extent of the failure.[20th June 2022] Supplement to Official Gazette 339(3)  Subsection (2) does not apply where the failure of the supplier 
to perform a service to the standard specified in subsection (1) is due to  —
(a) the act or default of another person; or
(b) an accident or a cause beyond the control of the supplier .
(4) In subsection (1) (a), “timely manner” includes any express or 
implied time frame agreed upon or any reasonable time which can be 
imposed in the specific circumstances.
Liability for  damage due to failur e to perform services to r equir ed 
standard
105.(1) Where a consumer or other person suf fers any damage wholly or 
partly as a result of the failure of the supplier to perform a service to the 
standard specified in section 104(1), the supplier is liable to the consumer or 
other person for the damage.
(2) The liability of supplier under subsection (1) does not arise in 
the circumstances referred to in section 104(3).
(3) The damage for which a person may be held li able under this 
section includes  —
(a) the death of, or personal injury to, any person; or
(b) an illness of any person;
(c) any loss of or physical damage to any property , including 
land; or
(d) any economic loss that results from damage specified in 
paragraphs (a), (b) or (c).
Warranties
106.(1) Every consumer who acquires goods, otherwise than by way of 
sale by auction, has a right to receive goods that are of merchantable quality .340                  Supplement to Official Gazette   [20th June 2022](2) For the purposes of subsection (1), goods shall be of 
merchantable quality , if such goods are  —
(a) safe;
(b) reasonably suitable for the purpose for which they are 
generally intended;
(c) reasonably suitable for the purpose the consumer made it 
known to the supplier the goods were required for;
(d)  of good quality , in good working order and free of any 
defects;
(e) usable or durable for a reasonable period, having regard to 
the use to which they would normally be put and to all the 
surrounding circumstances of their supply; and
(f) if sold by sample, description or model match the sample, 
description or model.
(3) In determining whether the matters referred to in subsection (2) 
are applicable in respect of any particular goods, all the circumstances of the 
supply of the goods shall be taken into account, including  —
(a) the price and nature of the goods;
(b) the manner in which and purposes for which the go ods 
were marketed, packaged and displayed, their composition 
or structure, the use of any trade description or mark in 
relation to the goods and any instructions fo r, all warnings 
with respect to, doing or refraining from doing anything 
with or in relation to the goods;
(c) what might reasonably be expected to be done with or in 
relation to the goods; and
(d) the time when the goods were supplied.[20th June 2022] Supplement to Official Gazette 341(4) Notwithstanding any other laws, for greater certainty in 
applying subsection (3)  —
(a) it is irrelevant whether a product failu re or defect was 
latent or apparent, or whether it could have been detected 
by a consumer before taking delivery of the goods; and
(b) a product failure or defect may not be inferred in respect of 
particular goods solely on the grounds that be tter goods 
have subsequently become available from the same or any 
other producer or supplier .
(5) Warranties under this part shall not apply to a transaction if the 
consumer  —
(a) has been expressly informed that particular goods were 
offered in a specific condition; and
(b) has expressly agreed to accept the goods in that condition, 
or knowingly acted in a manner consistent with accepting 
the goods in that condition.
(6) Subsection (1) does not apply where the goods have been altered 
or tampered with contrary to any instructions after leaving the control of the 
supplier .
Warranty for  unsuitable, defective and unsafe pr oducts
107.(1) In any transaction or agreement pertaining to the supply of 
goods to a consumer , there is an implied provision that the sup plier warrants 
that the goods are in conformity with the re quirements and standards 
specified under section 106(2), except to the extent that the goods have been 
altered or tampered with after leaving the control of the supplier .
 
    (2) Where the goods are not in conformity with specified standards, 
the consumer may , within six months after delivery of the goods, return the 
goods to the supplier , without penalty and at the supplier's risk and expense, 
and the supplier shall refund to the consumer any costs associated with the 
use, installation or delivery of the goods, and at the direction of the 
consumer ,  —342                  Supplement to Official Gazette   [20th June 2022](a)  unless it is impossible or disproportionate, the consumer 
may, in the first instance, require the supplier to repair the 
goods or else to replace them, in either case free of char ge; 
or
(b)  refund the consumer the price paid for the goods within 48 
hours of the return of the goods to the supplier .
(3) A remedy shall be deemed to be disproportion ate if it imposes 
costs on the supplier which, in comparison with  the alternative remedies 
available under this Part, are unreasonable, taking into account  — 
 (a) the value of the goods had there not been lack of 
conformity ,
(b) the significance of the lack of conformity , and
(c) whether the alternative remedy could be completed 
without significant inconvenience to the consumer . 
(4) If the consumer directs that the goods be repaired, the supplier 
shall  —
(a) evaluate and assess the repairs required and report to the 
consumer within 10 days on the nature, extent and costs; 
and
(b) the repair shall be ef fected within 60 days, unless there are 
unavoidable circumstances beyond the control of the 
supplier .
(5) If the consumer directs that the goods be replaced, the supplier 
shall replace the goods within 3 days or such lo nger period as the parties 
agree among themselves.
(6) The consumer may require a refund of the price paid for the 
goods  —
 (a) where the consumer cannot obtain either the remedy of 
repair or of replacement, or[20th June 2022] Supplement to Official Gazette 343 (b) if the supplier has not completed the remedy of repair or 
replacement within a reasonable time, or
 (c) if the supplier can only provide or complete the remedy of 
repair or replacement with significant inconvenience to the 
consumer .
(7) The consumer is not entitled to have a refund of the price if the 
lack of conformity is minor or insignificant.
(8) If a supplier repairs any particular goods or any component of 
any such goods, and within 3 months of that repair , the failure, defect or 
unsafe feature has not been remedied, or a further failure, defect or unsafe 
feature is discovered, the supplier shall  —
(a) replace the goods; or
(b) refund to the consumer the price paid by the consumer for 
the goods, in accordance with subsections (5) and (6).
(9) The implied warranty and the right to ret urn goods under this 
Section,  —
(a) are in addition to  —
(i) any other warranty or condition specified by or 
under this Act; and
(ii) any express warranty or condition stipulated by the 
supplier; and
(b) shall not be reduced by agreement between the supplier 
and the consumer .
Warranty on new or  reconditioned parts installed during r epairs or  
maintenance work
108.(1) A person who carries on any repair or maintenance work shall 
warrant any new or reconditioned part installed during the course of any 344                  Supplement to Official Gazette   [20th June 2022]such work and the labour required to install it for a period of 6 months after 
the date of installation or such a longer period as the supplier may specify in 
writing.
(2) A warranty under this section  —
(a) is concurrent with any other implied or express warranty;
(b) is void if the consumer has subjected the par t or the goods 
or property in which it was installed to misuse or abuse; 
and
(c) does not apply to ordinary wear and tear , having regard the 
circumstances in which the goods are intended to 
ordinarily be used.
Liability for  damage caused by unsafe, unsuitable and defective 
goods
109.(1)  Subject to this part, where any damage is caused wholly or 
partly by  —
(a) any unsafe goods;
(b) a product failure or defect, or a hazard in any goods; or
(c) inadequate instructions or warnings provided to the 
consumer pertaining to any hazards arising from or 
associated with the use of any goods,
every person to whom or which subsection (3) applies is liable for the 
damage, irrespective of whether the damage resulted from any negligence on 
the part of any of those persons.
(2) The goods referred to in subsection (1) includ e any such goods 
that are applied, supplied, installed or to which access is provided in 
conjunction with the performance of servi ces.
(3) Subsection (1) applies to  —[20th June 2022] Supplement to Official Gazette 345(a) the producer of the goods;
(b) any person who or which, by putting the person's name on 
the product or using a trademark or other distinguishing 
mark in relation to the goods, holds the person out to be the 
producer of the goods;
(c) any person who always, in the course of the person's 
business, imports the goods into Seychelles to supply them 
to another person;
(d) the retailer of the goods.
(4) Where two or more persons are liable for the same damage 
under this section, their liability is joint and several.
(5) The liability of a particular person under this section does not 
arise if  —
(a) the unsafe  product  characteristic,  failure,  defect  or hazard  
that causes  the damage  is attributable  to compliance  with   —
(i) a requirement imposed by or under any written law; 
or
(ii) a mandatory standard for the product;
(b) the alleged unsafe product characteristic, failure, defect or 
hazard did not exist in the goods at the time they were  
supplied by that person to another person alleged to be 
liable or to the person who suf fered the damage;
(c) the person did not at any time supply the product to 
another person;
(d) the following conditions are satisfied, that is to say  —
(i) that the only supplier of the product to another by 
the person was otherwise than in the course of 
business of the person;346                  Supplement to Official Gazette   [20th June 2022](ii) that subsection (3) does not apply to the person, or 
applies to the person by virtue only of the th ings 
done otherwise than with a view to profit;
(e) the state of scientific and technical knowledge, at the time 
that the person supplied the goods to another person 
alleged to be liable, or to the person who suf fered the 
damage, was not such that a producer of goods of the same 
description as the goods in question might be expected to 
have discovered the unsafe product characteristic, failure, 
defect or hazard if it had existed in the  producer's goods 
while they were under the producer's control; or
(f) the unsafe  product  characteristic,  failure,  defect  or hazard   —
(i) constituted an unsafe products characteristic, failure, 
defect or hazard in a product, in this paragraph 
referred to as “the subsequent product”, in which the 
goods in question had been compromised; and
(ii) was wholly attributable to the design of the 
subsequent product, the markings on or 
accompanying the subsequent product or to 
compliance by the producer of the goods in question 
with instructions or warnings given by the producer 
of the subsequent product.
(6)  The damage for which a person may be held liable under the 
section includes  —
(a) the death or personal injury to any person; or
(b)  illness of any person; or
(c) any loss of or physical damage to any property , including 
land; and
(d) any economic loss that results from damage specified in 
paragraphs (a), (b) or (c).[20th June 2022] Supplement to Official Gazette 347(7) In determining for the purposes of this section who has suf fered 
any damage to property and when any such damage occurred, the damage 
shall be regarded as having occurred at the earliest time at which a person 
with an interest in the property had knowledge of the material facts about the 
damage.
(8) For the purposes of subsection (7), the material facts about any 
damage to any property are such facts about the damage as would lead a 
reasonable person with an interest in the property to consider the damage 
sufficiently serious to justify the person inst ituting proceedings for damages 
against the defendant who did not dispute liability and was able to satisfy a 
judgement.
(9) For the purposes of subsection (8), a person's knowledge 
includes knowledge that the person might reasonably have been expected to 
acquire  —
(a) from facts observable or ascertainable by the person; or
(b) from facts ascertainable by the person with the help of 
appropriate expert advice which it is reasonable for the 
person to seek.
(10) A person shall not be presumed under this section to have 
knowledge of the fact ascertainable by the person only with the help of 
expert advice unless the person has failed to take all reasonable steps to 
obtain and, where appropriate, to act on that advice.
Unidentified manufactur er
110.(1) Where a person is liable under section 109, a person who 
supplies the goods which  give rise to the liability , whether to the person who 
suffered the damage, to the producer of a product in which the goods in 
question are comprised, or to any other person, is liable for the damage, if —
(a) the person who suf fered the damage serves a written 
request to the supplier to identify  —
(i) one or more of the persons, whether still in existence 348                  Supplement to Official Gazette   [20th June 2022]or not, to whom section 109(3) applies, in relation to 
the goods; or
(ii) the person who supplied the goods to the supplier on 
whom the request is served;
(iii) that request is made within a reasonable time after 
the damage occurs; and
(iv) the supplier fails, within 30 days after being served 
with the request, either to comply with the request or 
to identify the person who or which supplied the 
goods to the supplier .
(2) For the purposes of this section, a supplier of a service who, in 
conjunction with the performance of the service, applies, supplies, installs or 
provides access to any goods, is regarded as the supplier of the goods to the 
consumer .
Prohibition on the exclusion of liability
111. The liability of a person to another person who has suf fered 
damage caused wholly or partly by unsuitable or defective products or to a 
dependant or relative of such a person shall not be limited or excluded by 
any contract term, notice or any other written law .
Chapter IX
Protection of Consumer's Right s
Prohibition of notice to disclaim liability or  right
112. A supplier of goods or a service shall not cause any sign or 
notice to be displayed that purports to disclaim any liability or deny any right 
that a consumer has under this Act or any other  law.
Prohibition of supplier  action against consumer  for asserting rights
113.(1) If a consumer has exercised, asserted or sought to uphold any 
right under this Act or in a transaction or agreement with a supplier , the 
supplier shall not, in response  —[20th June 2022] Supplement to Official Gazette 349(a) discriminate, directly or indirectly , against that consumer , 
compared to the supplier's treatment of any other 
consumer who has not exercised, asserted or sought to 
uphold such a right;
(b)  penalise the consumer;
(c) alter, or propose to alter , the terms or conditions of a 
transaction or agreement with the consumer , to the 
detriment of the consumer; or
(d) take any action to accelerate, enforce, suspend or terminate 
a transaction or agreement with the consumer .
(2) If an agreement or any provision of an agreement is declared to 
be void, or is severed from the agreement und er this Act, the supplier who is 
a party to that agreement shall not, in response to that decision  —
(a) directly or indirectly , penalise another party to that 
agreement;
(b) alter the terms or conditions of any other transaction or 
agreement with another party to the impugned agreement, 
except to the extent necessary to correct a similarly 
unlawful provision; or
(c) take any action to accelerate, enforce, suspend or terminate 
another agreement with another party to the impugned 
agreement.
Liability for  contravening or  conspiring to contravene the Act
114. A person who engages in conduct that constitut es  —
(a) a contravention of any of the provision of this Act;
(b) the inducing by threats, promises or otherwise, of the 
contravention of any provision of this Act;350                  Supplement to Official Gazette   [20th June 2022](c) being knowingly concerned in or party to any 
contravention referred to in paragraph (a); or
(d) conspiring with any other person to contravene any 
provision referred to in paragraph (a),
may be  —
(i) liable for any loss or damage caused to any other 
person by such conduct; and
(ii) liable to be declared in contravention of this Act and 
liable to a financial penalty .
Prohibition and warning notices
115.(1) The Commission may  —
(a) serve on any person a notice prohibiting that person from 
supplying, or from of fering to supply , agreeing to supply , 
exposing for supply or possessing for supply , any goods 
which the Commission considers are unsafe and which are 
described in the notice;
(b) serve on any person a notice requiring that person at the 
person's own expense to publish, in a form and manner and 
on occasions specified in the notice, a warning about 
goods which the Commission considers are unsafe, being 
goods which that person supplies or has supplied, and 
which are described in the notice.
(2) Any regulations made under section 142 may make provision 
with respect to prohibition notices and warning notices and may prescribe 
the manner in which information may be given to any person.
(3) A consent given by the Commission under subsection (1) (a) 
may impose such conditions on the doing of anything for which the consent 
is required as the Commission considers appropriate.
(4) Where a notice is in force in relation to a person, the person  —
(a) shall comply with the requirements and directions in the 
notice; and[20th June 2022] Supplement to Official Gazette 351(b) shall not, in trade or commerce  —
(i) where the notice specifies a defect in, o r a dangerous 
characteristic of, the goods, supply goods of the kind 
to which the notice relates which have that defect or 
characteristic;
(ii) in any other case, supply goods of the kind to which 
the notice relates.
Notice to pr oduce information
116.(1) If the Commission considers that, for the purpose of deciding 
whether  —
(a) a prohibition notice needs to be served, varied or revoked; 
or
(b) a warning notice needs to be served or revoked,
the Commission needs information which another person is able to furnish, it 
may issue to that person a notice to furnish such information.
(2) A notice issued under subsection (1) may require a person  —
(a) to furnish to the Commission, within a period specified in 
the notice, such information as specified in the notice;
(b) to produce such records as specified in the notice at a time 
and place specified, and to permit a person appointed by 
the Commission for the purpose to take copies of the 
records at that time and place.
Compulsory r ecall of goods
117.(1) Where a person, in trade or commerce, supplies goods that are 
intended to be used or are of a kind likely to be used by a consumer and  —
(a) it appears to the Commission that the goods are of a kind 
which will or may cause injury to any person;352                  Supplement to Official Gazette   [20th June 2022](b) the goods are of a kind in respect of which there are 
standards referred to in section 100(2) (b) and (c) and the 
goods do not comply with those standards; or
(c) the goods are of a kind in relation to which there is in force 
a notice under section 1 15(1) (a) and (b) and it appears to 
the Commission that the supplier has not taken satisfactory 
action to prevent the goods causing injury to any person,
the Commission shall by notice in writing served on the supplier , and 
published in at least one daily newspaper and any other media, require the 
supplier of the goods to do one or more of the following  —
(i) take action within the period specified in the notice 
to recall the goods;
(ii) disclose to the public, or to a class of persons 
specified in the notice, in the manner and within the 
period specified in the notice, one or more of the 
following  —
(A) the nature of a defect in, or a dangerous 
characteristic of, the goods specified in the 
notice;
(B) the circumstances, being circumstances 
specified in the notice, in which the use of the 
goods is dangerous;
(C) procedures for disposing of the goods specified 
in the notice;
(iii) inform the public, or a class of persons specified in 
the notice, in the manner and within the period 
specified in the notice, that the suppli er undertakes 
to do whichever of the following the supplier  thinks 
is appropriate  —
(A) repair the goods, except where the notice 
specifies a dangerous characteristic of the 
goods;[20th June 2022] Supplement to Official Gazette 353(B) replace the goods;
(C) refund to the person to whom the goods were 
supplied, whether by the supplier or by another 
person, the price of the goods, within the 
period specified in the notice.
(2) The Commission, prior the publication of the notice referred to 
in subsection (1), shall notify its intention to the af fected party and give the 
party an opportunity to be heard as to why such notice should not be 
published and shall inform the party of its decision within 10 days of the 
hearing.
(3) Where the supplier referred to in subsection (1) undertakes to 
repair or replace goods, the supplier shall cause the goods to be repaired or 
replaced so that any defect in the goods specified in the notice under that 
subsection is remedied or the goods have been replaced and the cost of the 
repair or replacement, including any necessary transportation costs, shall be 
borne by the supplier .
Compliance pr ogramme
118.(1) The Commission may agree with a person on a compliance 
program as a self-monitoring system of check s and balances relating to its 
business activities to ensure that such perso n consistently complies with this 
Act and other laws.
Compliance notice
119.(1) Subject to subsection (2), where the Commission has reasonable 
grounds to believe that a person has engaged in prohibited conduct, the 
Commission may issue a compliance notice in the prescribed form to that 
person.
(2) The Commission may , before issuing a compliance notice under 
subsection (1), to a regulated entity , consult the regulatory authority that 
issued a licence to that regulated entity .
(3) A compliance notice issued  under subsection  (1) shall  specify —354                  Supplement to Official Gazette   [20th June 2022](a) the person to whom the notice applies;
(b) the provision of this Act that has been contravened;
(c) details and extent of the non-compliance;
(d) any action that is required to be taken and the period within 
which that action should be taken; and
(e) any penalty that may be imposed under this Act if that 
action is not taken.
(4) A compliance notice issued under subsection (1) remains in 
force until  —
(a) it is set aside by the Tribunal; or
(b)  the Commission issues a compliance certificate in 
accordance with subsection (5).
(5) If the requirements of a compliance notice issued under 
subsection (1) have been satisfied, the Commission shall issue a compliance 
certificate.
Compulsory compliance with notices
120. Where a notice is in force in relation to a person, the person  —
 (a) shall comply with the requirements and directions in the 
notice; and
(b) shall not, in trade or commerce  —
(i) where the notice specifies a defect in, o r a dangerous 
characteristic of, the goods, supply goods of the kind 
to which the notice relates which have that defect or 
characteristic;
(ii) in any other case, supply goods of the kind to which 
the notice relates.[20th June 2022] Supplement to Official Gazette 355Liability for  loss or  damage due to non-compliance
121. Where a person contravenes section 1 19 or section 120 by  —
(a) supplying goods of a kind in relation to which a notice 
under section 1 19 or section 120 is in force; or
(b) failing to comply with the requirements of such a notice,
and another person suf fers loss or damage by reason of a defect in, or a 
dangerous characteristic of, the goods, or by reason of not having particular 
information as to a characteristic of the goods, the first mentioned person 
shall be liable to that other person who has suf fered the loss or damage.
Voluntary r ecall
122.(1) Where a person voluntarily takes action to recall goods because 
the goods will or may cause injury to any person, that person shall, within 2 
days after taking that action, give a notice in writing to the Commission  —
(a) stating that the goods are subject to recall; and
(b) setting out the nature of the defect in, o r dangerous 
characteristic of, the goods.
(2) The Commission may by a notice in writing served on the 
person referred to in subsection (1), require that person to disclose to the 
public, or to a class of persons specified in the notice, in the manner and 
within the period specified in the notice  —
(a) the goods that are subject to recall; and
(b) the nature of the defect in, or dangerous characteristic of, 
the goods specified in the notice; and
(c) the circumstances in which the use of the go ods is 
dangerous,
and where a person fails to comply with the notice, the Commission may 
make the disclosure referred to in this subsection.356                  Supplement to Official Gazette   [20th June 2022]Liability of insur er in certain cases
123.(1) The liability of an insurer under a contract of insurance with a 
person, being a contract relating to  —
(a) the recall of goods supplied or proposed to be supplied by 
that person; or
(b) that person's liability with respect to possible defects in 
goods supplied or proposed to be supplied by that person,
shall not be af fected by reason only that that person gives to the Commission 
or to a public of ficer information relating to any goods supplied or proposed 
to be supplied by that person.
(2) The Commission may accept an undertaking given by a person 
for the purposes of this section in accordance with section 61.
(3) A person who gives an undertaking under subsection (2) may 
apply to the Tribunal to withdraw or vary the undertaking, after giving the 
Commission notice to do so.
(4) If, on an application to withdraw or vary an undertaking, the 
Tribunal is satisfied that the person who gave the undertaking has breached a 
term of the undertaking, the Tribunal may make all or any of the following 
orders  —
(a) directing the person to comply with the terms of the 
undertaking;
(b)  directing the person to pay a penalty of an amount up to the 
amount of such financial benefit that t he person has 
obtained as is reasonably attributable to the breach;
(c) that the Commission considers appropriate directing the 
person to compensate any other person who has suf fered 
loss or damage as a result of the breach; and
(d)  that the Tribunal considers appropriate.[20th June 2022] Supplement to Official Gazette 357Review of notices by Tribunal
124.(1) A person issued with a notice by the Commission under this Act 
may apply to the Tribunal in the prescribed manner and form to review the 
notice within 20 days of receiving it , or such longer period as may be 
allowed by the Tribunal on good cause shown.
(2) After considering any representations by the applicant and any 
other relevant information, the Tribunal may confirm, modify or cancel the 
whole or part of a notice.
(3) If the Tribunal confirms or modifies the whole or part of a 
notice, the applicant shall comply with that notice as confirmed or modified, 
within the time period specified in it.
PART V
FAIR COMPETITION
Abuse of a dominant position
125.(1)  An enterprise holds a dominant position in a market if   —
(a) by itself or together with an interconnected enterprise, or 
any other enterprise, it occupies such a position of 
economic strength as will enable it to operate in the market 
without ef fective constraints from its competitors or 
potential competitors; or
(b) in the opinion of the Commission  — 
(A) it holds a substantial share of that market; or
(B) it hold a substantial share of that market  but has 
market power .
(2) For the purposes of subsection (1), any two enterprises shall be 
treated as interconnected enterprises, if one of them is a subsidiary of the 
other or both of them are subsidiaries of the same parent enterprise.
(3) For the purposes of determining market power referred to in 358                  Supplement to Official Gazette   [20th June 2022]subsection (1) (b) (B), a market analysis has to be conducted, taking into 
account the following factors, amongst oth ers  —
(a) the ability of the enterprise to restrict a potential 
competitor from entering the market;
(b) the financial position of the enterprise;
(c) the existence of countervailing buyer power; and
(d)  the existence of barriers to entry or expansion into the 
market;
(e) beneficial ownership.
(4) Abuse of a dominant position includes  —
(a) directly or indirectly , imposing unfair purchase or selling 
prices or other unfair trading conditions;
(b) limiting or restricting production, market access, 
investment, technical development or technological 
progress;
(c) applying dissimilar conditions to equiva lent transactions 
with other trading parties;
(d) making the conclusion of contracts subject to acceptance 
by other parties of supplementary conditions which by 
their nature or according to commercial usage have no 
connection with the subject-matter of t he contracts;
(e) exclusive dealing;
(f) refusing to give a competitor access to an essential facility 
when it is economically feasible to do so;
(g) tied selling;
(h) bundling.[20th June 2022] Supplement to Official Gazette 359(5) An enterprise  is not to be treated  as abusing  a dominant  
position   —
(a) if it is shown that its behaviour was exclusively directed to 
improving the production or distribution of goods or 
promoting technical or economic progre ss, and consumers 
were allowed a fair share of the resulting benefit;
(b) if the ef fect or likely ef fect of its behaviour in a market is 
the result of its superior competitive performance; or
(c) by reason only that the enterprise enforces or seeks to 
enforce any right under or existing by virtue of any 
copyright, patent, registered design or trademark except 
where the exercise of those rights  — 
(i) has the ef fect of lessening competition substantially 
in a market; and
(ii) impedes the transfer and dissemination of 
technology .
(6) In this section  —
(a) “essential facility” means an infrastructure or resource that 
cannot reasonably be duplicated, and without access to 
which competitors cannot reasonably provide any goods or 
service to their customers;
(b) “market power” means the power of an enterprise to 
control prices, output or terms of trading, to exclude 
competition or to behave to an appreciable extent 
independently of its competitors, consumers or suppliers, 
over a period of time.
Restrictive horizontal practices
126.(1) An agreement between, or decision or concerted practice by , 
enterprises in a horizontal relationship, or an association of enterprises, in 
the same market is prohibited  —
(a) if it involves any of the following practi ces  —360                  Supplement to Official Gazette   [20th June 2022](i) directly or indirectly fixing a purchase or selling 
price or any other trading condition;
(ii) dividing markets by allocating customers, suppliers, 
territories, or specific types of goods or serv ices;
(iii) collusive tendering or bid rigging;
 (iv) limiting or controlling production, market outlets or 
access, technical development or investment; or
(b) if it has the object or ef fect of preventing, restricting or 
distorting competition in a market, unless a party to the 
agreement, decision or concerted practice can prove that 
any technological, ef ficiency , or other pro-competitive or 
public interest gain resulting from it outweighs that ef fect.
(2) It is presumed that an agreement or a concerted practice of the 
nature prohibited under subsection (1) exists between two or more 
enterprises, if  —
(a) any one of those enterprises owns a significant interest in 
the other , or they have at least one director or substantial 
shareholder in common; and
(b) any combination of those enterprises engages in that 
restrictive horizontal practice.
(3) The presumption created by subsection (2) may be rebutted if an 
enterprise or a director or shareholder concerned establishes that a 
reasonable basis exists to conclude that any practice in which any of the 
enterprises engaged in was a normal commer cial response to conditions 
prevailing in the market.
(4) Notwithstanding subsections (2) and (3), subsection (1) does not 
apply in respect of an agreement or a concerted practice engaged in by  —
(a) an enterprise and its wholly owned subsidiary or a wholly 
owned subsidiary of that subsidiary enterprise; or[20th June 2022] Supplement to Official Gazette 361(b) the constituent enterprises within a single economic entity 
similar in structure to those referred to in paragraph (a).
(5)  In this  section  —
(a) “concerted practice” means co-operative or coordinated 
conduct between enterprises, achieved through direct or 
indirect contact, that replaces their independent action, but 
which does not amount to an agreement;
(b) “horizontal relationship” means a relationship between 
enterprises each of which operates at the same level of the 
market in the provision of goods or services and would 
ordinarily be actual or potential competitors in that market.
Restrictive vertical practices
127.(1) An agreement, decision or concerted practice by enterprises in a 
vertical relationship is prohibited if it has the object or ef fect of preventing, 
restricting or distorting competition in a market.
(2) Subsection (1) shall not apply if a party to the agreement can 
prove any technological, ef ficiency or other pro-competitive gain resulting 
from that agreement outweighs that ef fect.
(3) The practice of minimum resale price maintenance is prohibited.
(4) The practice of maximum resale price maintenance is 
prohibited.
(5) Notwithstanding subsections (3) and (4), a supplier or producer 
may recommend a minimum and or a maximum resale price to the reseller of  
goods or a service provided  —
(a) the supplier or producer makes it clear to the reseller that 
the recommendation is not binding; and
(b) if the product has its price stated on it, t he words 
“recommended price” appear next to the stated price.362                  Supplement to Official Gazette   [20th June 2022](6) In this section  —
(a) “concerted practice” means co-operative or coordinated 
conduct between enterprises achieved through direct or 
indirect contact that replaces their independent action, but 
which does not amount to an agreement;
(b) “vertical relationship” means a relationship between 
enterprises each of which operates at a dif ferent level of 
the production or distribution chain and relates to the 
conditions under which the parties may purchase, sell or 
resell certain goods;
Grant of authorisation
128.(1) Notwithstanding this Part, an enterprise that proposes to enter 
into or carry out an agreement or to engage  a business practice which, in its 
opinion, is an agreement or practice af fected or prohibited by this Part, may 
apply to the Commission for an authorisation to do so.
(2) An application  under subsection (1) shall be made in the 
prescribed form and manner and accompanied with such information as may 
be prescribed or as the Commission may reasonably require.
(3) The Commission, upon receipt of an application under 
subsection (1), where it is satisfied that the agreement or practice is likely to 
promote the public benefit and is reasonable in the circumstances, shall 
recommend to the Tribunal to grant an authorisation.
(4) The Tribunal may grant an authorisation, subje ct to such terms 
and conditions as the Tribunal considers fit and for such time as it may 
specify .
(5) The Tribunal shall, before granting or refusing an authorisation, 
give a notice to the interested persons to submit, within 30 days of the notice, 
any written representations on the application for an authorisation.
 (6) The Tribunal may grant an authorisation only if any restriction 
imposed on the enterprises concerned by the agreement, decision or practice [20th June 2022] Supplement to Official Gazette 363concerned or category of agreements, decisions or practices concerned, 
contributes to or results in or will be likely to contribute to or result in  —
(a) the maintenance or promotion of exports;
(b) the promotion or the ability of small businesses or 
enterprises to become competitive;
(c) the change in productive capacity necessary to stop decline 
in an industry;
(d) the technical or economic progress or stability of any 
industry designated by the Minister , after consulting the 
Minister responsible for that industry; or
(e) obtaining a benefit for the public which outweighs or 
would outweigh the prevention, restriction or distortion of 
competition that would result, or would be likely to result, 
from the agreement, decision or practice or the category of 
agreements, decisions or practices.
(7) While the authorisation granted under subsection (4) remains in 
force, nothing in this Part shall prevent the applicant from giving ef fect to 
any provision of an agreement, or from engaging in any practice to which the 
authorisation relates.
Register  of authorisations
129.(1) The Commission shall keep or cause to be kept , in such form as 
it may determine, a Register of Authorisations granted under this Part.
(2) The Register of Authorisations shall be kept at the of fice of the 
Commission and shall be available for inspection by any person during the 
hours of business of the Commission.
Revocation or  amendment of authorisation
130.(1) Subject to subsection (2), the Tribunal may  —
(a) revoke an authorisation where it is satisfied that  —364                  Supplement to Official Gazette   [20th June 2022](i) the authorisation was granted on information that 
was false or misleading;
(ii) there has been a breach of any terms or conditions, 
subject to which the authorisation was granted; or
(iii) the circumstances that justified the grant of the 
authorisation no longer exist; or
(b) amend the authorisation where it is satisfied that the 
current conditions in the market necessitate an 
amendment.
 (2) The Tribunal shall, before revoking or amending an 
authorisation  —
(a) serve on the applicant a notice in writing specifying the 
reason for the proposed revocation or amendment; and
(b) inform the applicant of its right to apply to it to be heard on 
the matter within such time as may be specified in the 
notice.
Merger  defined
131.(1) For purposes of this Part, “mer ger” means the acquisition or 
establishment, direct or indirect, by one or more enterprises, or persons, 
whether by  —
(a) sale or purchase of shares or assets;
(b) sale or purchase of shares or assets in exchange o f shares 
in the mer ged enterprise;
(c) lease of assets;
(d) amalgamation or combination or otherwise,
of control over the whole or a part of the business of an immediate 
competitor , supplier , consumer or other enterprise.[20th June 2022] Supplement to Official Gazette 365(2) A person controls an enterprise, if the person  —
(a) beneficially owns more than one-half of the issued share 
capital of the enterprise;
(b) is entitled to vote a majority of the votes that may be cast at 
a general meeting of the enterprise, or has the ability to 
control the voting of a majority of those votes, either 
directly or through a controlled entity of that person;
(c) is able to appoint or to veto the appointment of a majority 
of the directors of the enterprise;
(d) is a parent company , and the enterprise is a subsidiary of 
that company under the International Bus iness Companies 
Act (Cap 274) or the Companies Act (Cap 40);
(e) has the ability to materially influence the policy of the 
enterprise in a manner comparable to a person who, in 
ordinary commercial practice, can exercise an element of 
control referred to in paragraphs (a) to (d).
(3) A mer ger shall not be ef fected, unless it is approved by the 
Tribunal on the recommendation of the Commission.
Thresholds and categories of mergers
132.(1) For purposes of this Part, a mer ger or proposed mer ger shall be 
determined with a value of combined annual turnover or assets in accordance 
with subsection (3).
(2) The proposed mer ger shall have a minimum trading activity in 
Seychelles.
(3) The Minister , in consultation with the Commission, shall 
prescribe  —
(a) a minimum threshold of combined annual turnover or 
assets, in Seychelles, in general or in relation to specific 366                  Supplement to Official Gazette   [20th June 2022]industries, for the purposes of determining categories of 
mergers under subsection (1); and
(b) a method for the calculation of annual turnover or assets to 
be applied in relation to each of those t hresholds.
(4) The Minister shall, before prescribing anything under subsection 
(3), in consultation with the Commission, publish in the Gazette a notice 
setting out the proposed threshold and method of calculation for purposes of 
this section.
Application to Commission for  merger
133.(1) Where an enterprise is desirous of ef fecting a mer ger, it shall 
make an application to the Commission.
(2) An application under subsection (1) shall be made in the 
prescribed form, upon payment of the prescribed fee and accompanied with 
the prescribed information and document.
(3) If the application does not satisfy subsection (2)  —
(a) the Commission may notify the applicant and the other 
parties of the defect requiring the applicant to complete the 
application with in such period as may permit; and
(b) the applicant shall within the period permitted under 
paragraph (a), complete the application and, if required to 
do so, furnish additional documents or information to the 
Commission and the parties.
(4) The application shall lapse if the applicant fails to take required 
steps within the time permitted under subsection (3) (b).
(5) The Commission shall make a determination on the application 
within 120 days and make a recommendation to the Tribunal.
(6) The period referred to in subsection (5) may be extended for 
such longer period as the Tribunal may consider appropriate.[20th June 2022] Supplement to Official Gazette 367(7) Subsection (1) shall apply to any public bid for the control of an 
enterprise.
Conditions for  merger
134.(1) A mer ger shall not be permitted, unless the parties to the 
proposed mer ger demonstrate that if the mer ger was not permitted it is not 
likely that the relevant ef ficiency gains would be realised by means that 
would limit competition to a lesser degree than the mer ger.
(2) A merger may be permitted, if the parties establish that  —
(a) the mer ger is likely to bring about gains in real as distinct 
from pecuniary ef ficiencies that are greater than or more 
than of fset the ef fects of any limitation on competition that 
result or are likely to result from the mer ger; or
(b) one of the parties to the mer ger is faced with actual or 
imminent financial failure, and the mer ger represents the 
least anti-competitive among the kno wn alternative uses 
for the assets of the failing business.
Factors to be consider ed in determining merger
135.(1) In determining  whether to permit the mer ger, the following shall 
be taken into consideration  —
(a) the structure of the market likely to be af fected by the 
proposed mer ger;
(b) the degree of control exercised by the enterprises 
concerned in the proposed mer ger in the market, and 
particularly the economic and financial power of the 
enterprises;
(c) the availability of alternatives to  the services or goods 
supplied by the enterprises concerned in the mer ger;
(d) the likely ef fect of the proposed mer ger on consumers and 
the economy;368                  Supplement to Official Gazette   [20th June 2022](e) the actual or potential competitio n from other enterprises 
and the likelihood of detriment to competition;
(f) the actual and potential level of import competition in the 
market;
(g) the ease of entry into market, including tarif f and 
regulatory requirements;
(h) the level, trend of concentration and history of collusion in 
the market and the degree of countervailing power in the 
market;
(i) the likelihood that the acquisition would result in the 
parties to the mer ger having market power;
(j) the dynamic characteristics of the market, including 
growth, innovation and product dif ferentiation;
(k) the nature and extent of vertical integration in the market;
(l) whether the business or part of the business of a party to 
the mer ger has failed or likely to fail;
(m) whether the mer ger will result in the removal of ef ficient 
competition.
Determination of pr oposed merger
136.(1) The Commission, in relation to a proposed mer ger, may 
recommend to the Tribunal  —
(a) to permit the proposed mer ger, without conditions or 
subject to such conditions as the Commission c onsiders 
appropriate; or
(b) to prohibit the proposed mer ger.
(2) Where conditions are proposed by the Commission under 
subsection (1) (a), it may contain such directions as the Commission [20th June 2022] Supplement to Official Gazette 369considers necessary , reasonable and practicable to remedy , mitigate or 
prevent any adverse competition ef fects of the mer ger.
(3) The conditions of the mer ger under subsection (2), may , inter 
alia, require an enterprise or enterprises to  —
(a) divest such assets as are specified in the direction within a 
period also so specified; or
(b) adopt, or desist from, such conduct in relati on to prices, as 
is specified in the direction, before the mer ger can be 
completed or implemented.
(4) The Commission, while making a recommend ation under this 
section, shall  —
(a) give notice, in writing, of the recommendation and of any 
conditions in relation to a mer ger to the parties involved in 
the proposed mer ger; and
(b) issue written  reasons  —
(i) if it recommends the prohibition of the proposed 
merger; or
(ii) if it is requested to do so by any person.
(5) The Tribunal, on receipt of the recommendation by the 
Commission and after hearing the parties or such other persons as it may 
consider necessary , may  —
(a) accept the recommendation with or without modification 
as it may consider appropriate and permit the mer ger; or
 (b) make such order as it may consider appropriate.
(6) Any mer ger not permitted by the Tribunal shall have no legal 
effect and no right or obligation imposed on the parties to the mer ger shall be 
enforceable.370                  Supplement to Official Gazette   [20th June 2022]Consideration upon finding of adverse effects on competition
137.(1) Where the Commission is satisfied that there are adverse or 
unfair ef fects on competition in a particular case, it shall, before determining 
any matter in this Part, consider  —
(a) if any of the of fsetting public benefits specified in 
subsection (2) are present; and
(b) whether and to what extent the benefits, if they are present, 
should be taken into account in determining the matter .
(2) A benefit shall be considered for the purposes of subsection (1) 
if it is shown that the ef fects of any absence, prevention, restriction or 
distortion of competition are outweighed by specific gains of  —
(a) the safety of goods and services;
(b) the ef ficiency with which goods are produced, supplied or 
distributed or services are supplied or made available;
(c) the development and use of new and improved goods and 
services, and in the means of production and distribution; 
or
(d) the promotion of technological and econ omic progress,
and the benefits have been or are likely to be shared by the consumers and 
businesses in general.
PART VI
MARKET  INQUIRIES
Market inquiry
138.(1) The Commission may make a market inquiry for the purpose of 
determining  —
(a) whether any conduct by one or more enterprises in the 
market has the ef fect of preventing, restricting or distorting 
competition or any market failure is af fecting consumers;[20th June 2022] Supplement to Official Gazette 371(b) appropriate remedies to restore ef fective competition in the 
market; and
(c) appropriate remedies to safeguard the interest of 
consumers in the market;
(2) The Commission may initiate a market inquiry if  —
 (a) the Commission on reasonable grounds suspects that a 
prevention, restriction or distortion of c ompetition is 
occurring;
(b) the Commission on reasonable grounds suspects that a  
market failure af fecting consumers is occurring;
(c)  a complaint has been lodged with the Commission by any 
person;
(d)  the Minister requests the market inquiry in writing;
(e)  the outcome of any research, investigation or a mer ger 
evaluation points to any possible anti-competitive practice 
in a particular market or markets; or
(f)  a market inquiry undertaken in another jurisdiction leads to 
the need for a similar inquiry in Seychell es.
(3)  The Commission, in initiating a market inquiry , may publish a 
notice to specify  —
(a) the purpose of the inquiry;
(b) the terms of reference of the inquiry;
(c) the duration of the inquiry;
(d) the manner of making submissions to the inquiry;
(e) the matters that the Commission wishes submi ssions 
regarding the inquiry to deal with; and
(f) the date of publication of the final report regarding the 
inquiry .372                  Supplement to Official Gazette   [20th June 2022](4) The Commission may conduct the market inquiry in any manner 
it considers appropriate, subject to the provisions of this Act.
(5) In conducting the inquiry under this section, the Commission 
may  —
(a) convene and hold public hearings;
(b) request persons to appear before the Commission and 
answer questions, give evidence or produce information;
(c) summon any person who fails to appear before the 
Commission pursuant to a request under paragraph (b).
(6) At the end of a market inquiry , the Commission shall publish the 
final report of the market inquiry .
(7) Subsequent to publishing the final report of the market inquiry 
under subsection (1), the Commission may  —
 (a) accept a written undertaking in connection with a matter 
under this Act, given by a person to ensure compliance 
with this Act or any other written law;
(b) initiate a formal investigation against any contravention 
reported in the market inquiry;
(c) make recommendations to a regulatory authority in 
relation to any consumer or competition matter;
(d) make such recommendations to the Government relating to 
any policy or legislation as it may consider necessary; or
(e) take appropriate remedial measures as may be considered 
necessary .
PART VII
OFFENCES AND PENAL TIES
Offences and penalties
139.(1) A person who  —[20th June 2022] Supplement to Official Gazette 373(a) without reasonable excuse, fails to attend the Tribunal 
when summoned or required by the Tribunal;
(b) without reasonable excuse, fails to produce a document 
when required to do so by the Tribunal;
(c) disrupts or interrupts, or misbehaves in course of the 
proceedings of the Tribunal;
(d) insults or otherwise threatens a member of the Tribunal in 
the performance of the member's functions;
(e) fails or refuses to comply with an order , direction or 
undertaking of the Commission;
(f) fails or refuses to comply with a non-monetary order or 
direction of the Tribunal,
commits an of fence and shall, on conviction, be liable  —
(i) where the person is an individual, to a fine of level 6 
on the standard scale or to imprisonment for a term 
not exceeding 2 years, or to both such of and 
imprisonment;
(ii) where the person is other than an individual, to a fine 
of level 7 on the standard scale.
(2) A person who  —
(a) impedes, prevents or obstructs any investigation, 
inspection by the Commission or any authorised of ficer in 
the execution of an inquiry;
(b) attempts to bribe or bribes any of ficer of the Commission;
(c) obstructs the execution of a warrant issued under section 
38(2);
(d) destroys or alters any document which that pe rson is 
required to produce to the Commission, or causes such 
document to be destroyed or altered;374                  Supplement to Official Gazette   [20th June 2022](e) refuses or fails to comply with a notice, summon, direction 
or order of the Commission,
commits an of fence and shall be liable on conviction  —
(i) where the person is an individual, to a fine of level 6 
on the standard scale or to imprisonment for a term 
not exceeding 2 years or to both such fine and 
imprisonment;
(ii) where the person is other than individual, to a fine of 
level 7 on the standard scale.
(3) A person who gives to the Commission or an of ficer of the 
Commission any information which he or she knows to be false or 
misleading commits an of fence and is liable on conviction to a fine of level 4 
on the standard scale or to imprisonment for a term not exceeding 2 years or 
to both such fine and imprisonment.
(4) Where the of fence is committed by an enterprise or other entity , 
every director or of ficer of that enterprise or entity is severally liable on 
conviction to a fine of level 6 on the standard scale or to imprisonment for a 
term not exceeding 2 years or to both such fine and imprisonment, unless the 
director or of ficer proves that he or she took all necessar y and proper means 
to prevent the commission of such of fence.
PART VIII
MISCELLANEOUS
Application of Penal Code
140. The Chief Executive Of ficer, the Deputy Chief Executive 
Officer and other employees of the Commission shall be deemed to be 
employed in public service for the purposes of sections 91 to 96 of the Penal 
Code (Cap 158).
Protection of action taken in good faith
141. Any suit or other legal proceedings shall not lie against the 
Chief Executive Of ficer, Deputy Chief Executive Of ficer, officers and [20th June 2022] Supplement to Official Gazette 375employees of the Commission in respect of any action taken or an act done 
or omitted to be done in good faith in the performance of any functions under 
this Act.
Regulations
142.(1) The Minister may , in consultation with the Commission, make 
regulations consistent with this Act, for all matters which by or under this 
Act are required or necessary to be provided for in giving ef fect to the 
provisions of this Act.
(2) Regulations made under subsection (1) may provide for 
standards of goods imported into Seychelles.
(3) The regulations made under this Act may create of fences and 
provide penalties therefor to a fine not exceeding that of level 6 on the 
standard scale or to imprisonment not exceeding 5 years or both a fine and 
imprisonment.
Repeal and savings
143.(1) The Consumer Protection Act (Cap 257), the Fair Competition 
Act (Cap 266) and the Fair Trading Commission Act (Cap 267) are hereby 
repealed.
(2) Notwithstanding such repeal  —
(a) any regulations made under the repealed Acts shall, in so 
far as not inconsistent with the provisions of this Act, be 
deemed to have been made under this Act and shall 
continue to be in force under this Act until amended or 
repealed under this Act;
(b) any investigation, legal proceedings or penalty , forfeiture 
or punishment instituted or incurred in respect of a 
contravention or an of fence committed under the repealed 
Acts, before the commencement of this Act, may be 
instituted or continued under the repeal ed Acts, as if this 
Act had not been enacted.376                  Supplement to Official Gazette   [20th June 2022](3) Any matter filed under a repealed Act, on or before the 
commencement of this Act, and pending before  —
(a) the Board of Commissioners, appointed under section 5 of 
the Fair Trading Commission Act (Cap 267); or
(b) the Appeals Tribunal, established under section 44 of the 
Fair Trading Commission Act (Cap 267),
shall be transferred to and deemed to have been transferred to the Tribunal 
established under this Act and the Tribunal shall, notwithstanding such 
repeal, have jurisdiction and decide the matter in accordance with the 
provisions of that Act as if that Act had not been repealed.
Transitional pr ovisions
144.(1) On the commencement of this Act  —
(a) the Commissioner appointed as chief executive of ficer of 
the Fair Trading Commission under the Fair Trading 
Commission Act (Cap 267) shall be deemed to be the 
Chief Executive Of ficer of the Commission;
(b) the Deputy Chief Executive Of ficer and other staf f of the 
Fair Trading Commission, experts or advisors appointed 
under the Fair Trading Commission Act (Cap 267), shall be 
deemed to be the Deputy Chief Executive Of ficer and 
other staf f of the Commission, experts or advisors, 
respectively ,
appointed under this Act for the same term of appointment on the  same terms 
and conditions of employment until they are amended, varied or repealed 
under this Act and the provisions of this Act shall apply as if they are 
appointed under this Act.
(2) On the commencement of this Act  —
(a) the Board of Commissioners appointed under section 5 of 
the Fair Trading Commission Act (Cap 267); and[20th June 2022] Supplement to Official Gazette 377(b) the Appeals Tribunal, established under section 44 of the 
Fair Trading Commission Act (Cap 267),
shall stand dissolved and the Chairperson and other Commissioners of the 
Board of Commissioners and the Chairperson and m embers of the Appeals 
Tribunal shall vacate their of fices as such and they shall not be entitled to 
claim any compensation for premature termination of the respective terms of 
their of fice or of any contract of service.
(3) On the commencement of this Act  —
(a) the assets, rights and liabilities of the Fair Trading 
Commission under the Fair Trading Commission Act (Cap 
267) shall be deemed to be the assets and liabilities of the 
Commission under this Act;
(b) any contract or agreement executed by the Fair Trading 
Commission under the Fair Trading Commission Act (Cap 
267) shall continue to have ef fect in accordance with its 
terms as if it was originally made and entered into by the 
Commission.
SCHEDULE
[Sections 64(1)(d) and (4) and 66]
CONTRACT  TERMS DEEMED UNF AIR IF  NOT  INDIVIDUALL Y 
NEGOTIA TED
1. Any contract term  that has the object or ef fect of  —
(a) Excluding or limiting the legal liability of a supplier resulting 
from an act or omission of that supplier , in respect of the 
quality of the product or service;
(b) inappropriately excluding or limiting the legal rights of the 
consumer vis-à-vis the supplier or another party in the event 
of total or partial non-performance or inadequate 
performance by the supplier of any of the contractual 378                  Supplement to Official Gazette   [20th June 2022]obligations of the supplier , including the option of of f-setting 
a debt owed to the supplier against any claim which the 
consumer may have against the supplier;
(c) making an agreement binding on the consume r whereas 
provision of services by the supplier is subject to a condition 
the realization of which depends on the supplier's will alone;
(d) permitting the supplier to retain sums paid by the consumer 
where the latter decides not to conclude or perform the 
contract, without providing for the consumer to receive 
compensation of an equivalent amount from the supplier 
where the latter is the party cancelling the contract;
(e) requiring the consumer to pay a disproportionately high sum 
in compensation if the consumer fails to fulfil his or her 
obligation;
(f) authorising the supplier to dissolve the contract on a 
discretionary basis where the same facility is not granted to 
the consumer , or permitting the supplier to retain th e sums 
paid for services not yet supplied by the suppl ier where it is 
the supplier who dissolves the contract;
(g) enabling the supplier to terminate a contract of indeterminate 
duration without reasonable notice except where there are 
serious grounds for doing so;
(h) automatically extending a contract of fixed duration where 
the consumer does not indicate otherwise, when the deadline 
fixed for the consumer to express his or her desire not to 
extend the contract is unreasonably early;
(i) irrevocably binding the consumer to terms with which the 
consumer had no real opportunity of becoming acquainted 
before the conclusion of the contract;
 (j) enabling the supplier to alter the terms of the contract 
unilaterally without a valid reason which is specified in the 
contract;[20th June 2022] Supplement to Official Gazette 379(k) enabling the supplier to alter unilaterally without a valid 
reason any characteristics of the product or service to be 
provided;
(l) providing for the price of goods to be determined at the time 
of delivery or allowing a supplier to increase their price 
without in both cases giving the consumer the corresponding 
right to cancel the contract if the final price is too high in 
relation to the price agreed when the contract was concluded;
(m) giving the supplier the right to determi ne whether the goods 
or services supplied by the supplier are in conformity with 
the contract, or giving the supplier the exclusive right to 
interpret any term of the contract;
(n) limiting the supplier's obligation to re spect commitments 
undertaken by the supplier's agents, or makin g the supplier's 
commitments subject to compliance with a particular 
formality;
(o) obliging the consumer to fulfil all his or h er obligations 
where the supplier does not perform his or her ob ligations;
(p) giving the supplier the possibility of transferring the 
supplier's rights and obligations under the contract, where 
this may serve to reduce the guarantees for the consumer , 
without the latter's agreement; or
(q) excluding or hindering the consumer's right to take legal 
action or exercise any other legal remedy , particularly by 
requiring the consumer to take disputes exclusively to 
arbitration not covered by legal provisions, unduly restricting 
the evidence available to the consumer or imposing on the 
consumer a burden of proof which, according to the 
applicable law , should lie with another party to the contract.
2. Paragraph 1(g) does not apply to a term by which a supplier of 
financial services reserves the right to terminate unilaterally a contract of 
indeterminate duration without notice where there is a valid reason, provided 380                  Supplement to Official Gazette   [20th June 2022]that the supplier is required to inform the  other contracting party or parties 
immediately .
3. Paragraph 1(g) does not apply to a term under which a supplier of 
financial services reserves the right to alter the rate of interest payable by the 
consumer or due to the latter , or the amount of other char ges for financial 
services without notice where there is a valid reason, provided that the 
supplier is required to inform the other contracting party or parties at the 
earliest opportunity and that the latter are free to dissolve the contract 
immediately .
4. Paragraph 1(g) does not apply to a term under which a supplier 
reserves the right to alter unilaterally the conditions of a contract of 
indeterminate duration, provided that the supplier is required to inform the 
consumer with reasonable notice and that the consumer is free to dissolve the 
contract.
5. Paragraph 1(g), (j) and (l) does not apply to  —
(a) transactions in transferable securitie s, financial instruments  
and other products or services where the price is linked to 
fluctuations in a stock exchange quotation or index or a 
financial market rate that the supplier does not control; or
(b) contracts for  the purchase  or sale  of foreign  currency , 
traveller's cheques  or international  money orders  denominated 
in foreign  currency .
6. Paragraph 1(1) does not apply to price indexation clauses, where 
lawful, provided that the method by which prices vary is explicitly 
described.
7. The terms referred to in paragraph 1(1) include terms which have 
the object or ef fect of  —
(a) excluding or limiting the liability of a supplier by reason of 
the supplier's own fraud or gross negligence or that of his or 
her employees or agents, or by reason of any failure to fulfil 
an obligation constituting one of the fundamental elements of 
the contract;[20th June 2022] Supplement to Official Gazette 381(b) establishing an unreasonably short period for notifying the 
supplier of any defects;
(c) excluding or limiting the legal rights of a consumer against 
the supplier in the event of total or partial non- performance 
or inadequate performance by the supplier of any of his or 
contractual obligations;
(d) prohibiting the consumer from of fsetting a debt owed to the 
supplier against a claim which the consumer may have 
against the same supplier;
(e) making an agreement binding on the consumer whereas the 
provision of services or goods by the supplier is subject to a 
condition whose realisation depends solely on the will of the 
supplier;
(f) allowing the supplier to retain sums paid by the consumer if 
the consumer decides not to conclude or perform the 
contract, without providing for the consumer to receive 
compensation of an equivalent amount from the supplier 
where the supplier is the party cancelling the contract;
(g) requiring a consumer who fails to fulfil his or her obligation, 
to pay to the supplier as compensation a sum wh ich is 
disproportionately high compared to the value of the goods or 
services purchased or hired;
(h) determining the compensation payable by a consumer who 
fails to fulfil his or her obligations, without providing for 
compensation of the same magnitude by the supplier who 
fails to fulfil his or hers;
(i) limiting the means of proof which the consumer can use;
(j) causing the consumer to waive any ground of claim against 
the supplier in the event of a dispute;
(k) prohibiting the consumer from seeking the cancellation of the 
contract if the supplier fails to fulfil  his or her obligations;382                  Supplement to Official Gazette   [20th June 2022](l) restricting the right of the consumer to cancel the contract if 
the supplier , in connection with any guarantee or warranty 
given, does not fulfil his or her obligation or fails to do so 
within a reasonable period;
(m) irrevocably binding the consumer to terms with which he or 
she had no real opportunity of becoming acquainted before 
the conclusion of the contract;
(n) enabling the supplier to alter the terms of a contract 
unilaterally , without a valid reason which is specified in the 
contract;
(o) enabling the supplier to alter unilaterally , without a valid 
reason, any characteristics of the product or service to be 
provided;
(p) providing for the price of goods to be determined at the time 
of delivery by the supplier or allowing the supplier to 
increase the price without in any case giving the consumer 
the corresponding right to cancel the contract if the final 
price is too high in relation to the price agreed when the 
contract was concluded;
(q) causing the price to vary by reference to factors depending 
only on the will of the supplier;
(r) giving the supplier the right unilaterally to determine whether 
the goods or services supplied are in conformity with the 
contract;
(s) giving the supplier the exclusive right to interpret any term of 
the contract;
(t) limiting or eliminating the obligation of the supplier to 
respect commitments undertaken by his or her agents or 
employees;
(u) obliging the consumer to fulfil his or her obligations where 
the supplier does not perform his or hers;[20th June 2022] Supplement to Official Gazette 383(v) allowing the supplier the possibility of transferring all his or 
her rights and obligations under the contract where this may 
serve to reduce the supplier's obligations;
(w) reducing the guarantees or warranties for the consumer , 
without the consent of the consumer;
(x) providing for an immediate and final commitment by the 
consumer on signature of the contract, with the supplier 
contracting subject to a condition the fulfilment of which 
depends only on the will of the supplier;
(y) permitting the supplier to establish or alter unilaterally the 
period for delivering goods or supplying a service;
(z) excluding or limiting the legal liability of a supplier in the 
event of the death of a consumer or personal injury to the 
latter resulting from an act or omission of that supplier;
(aa) authorising the supplier to dissolve the contract on a 
discretionary basis where the same facility is not granted to 
the consumer , or permitting the supplier to retain th e sums 
paid for services not yet supplied by him or her where it is the 
supplier himself or herself who dissolves the contract;
(bb) enabling the supplier to terminate a contract of indeterminate 
duration without reasonable notice except where there are 
serious grounds for doing so;
(cc) automatically extending a contract of fixed duration where 
the consumer does not indicate otherwise, when the deadline 
fixed for the consumer to express this desire not to extend the 
contract is unreasonably early;
(dd) excluding or hindering the consumer's right to take legal 
action or exercise any other legal remedy , particularly by 
requiring the consumer to take disputes to arbitration not 
covered by legal provisions, unduly restricting the evidence 
available to him or her or imposing on him or her a burden of 384                  Supplement to Official Gazette   [20th June 2022]proof which, according to the applicable law , should lie with 
another party to the contract.
8. Nothing in paragraphs 1 to 7 shall be construed as limiting or 
otherwise af fecting prejudicially the generality of the provisions of section 
66 of the Act.
I certify that this is a correct copy of the Bill which was passed by the 
thNational Assembly on 25  May , 2022.
Mrs. T ania Isaac
Clerk to the National Assembly
[20th June 2022] Supplement to Official Gazette 385