Document ID: chunk:federal_register_of_legislation:C2008A00126:clause:1_53c:p1
Version: federal_register_of_legislation:C2008A00126
Segment Type: clause
Provision Reference: sch 1 cl 53C (pt 1/2)
Character Range: 3473–6067

53C  Single price to be stated in certain circumstances

 (1) A corporation must not, in trade or commerce, in connection with:
 (a) the supply or possible supply of goods or services to a person (the relevant person); or
 (b) the promotion by any means of the supply of goods or services to a person (the relevant person) or of the use of goods or services by a person (the relevant person);
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 services unless the corporation also:
 (c) specifies, in a prominent way and as a single figure, the single price for the goods or services; and
 (d) if, in relation to goods:
 (i) the corporation does not include in the single price a charge that is payable in relation to sending the goods from the supplier to the relevant person; and
 (ii) the corporation knows, at the time of the representation, the minimum amount of a charge in relation to sending the goods from the supplier to the relevant person that must be paid by the relevant person;
  specifies that minimum amount.

 (2) A corporation is not required to include, in the single price for goods, a charge that is payable in relation to sending the goods from the supplier to the relevant person.

 (3) Subsection (1) does not apply if the representation is made exclusively to a body corporate.

 (4) For the purposes of paragraph (1)(c), the corporation is taken not to have specified a single price for the goods or services in a prominent way unless the single price is at least as prominent as the most prominent of the parts of the consideration for the supply.

 (5) Subsection (4) does not apply in relation to services to be supplied under a contract if the following apply:
 (a) the contract provides for the supply of the services for the term of the contract;
 (b) the contract provides for periodic payments for the services to be made during the term of the contract;
 (c) if the contract also provides for the supply of goods—the goods are directly related to the supply of the services.

 (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) In this section:

single price means the minimum quantifiable consideration for the supply concerned at the time of the representation concerned, including each of the following amounts (if any) that is quantifiable at that time:
 (a) a charge of any description payable by the relevant person to the corporation