Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p41
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 98261–100984

of a defect in the goods or by reason of his not having particular information as to a characteristic of the goods,
    the person shall be deemed for the purposes of this Act to have suffered the loss or damage by the supplying of the goods.".

Product information standards.
37. Section 63 of the Principal Act is amended by omitting sub-section (2a) and substituting the following sub-sections:—
"(2aa) Sub-section (1) does not apply to goods that are intended to be used outside Australia.
"(2a) If there is applied to goods—
     (a) a statement that the goods are for export only; or
     (b) a statement indicating by the use of words authorized by the regulations to be used for the purposes of this sub-section that the goods are intended to be used outside Australia,
it shall be presumed for the purposes of this section, unless the contrary is established, that the goods are intended to be so used.".

Unsolicited credit cards.
38. Section 63a of the Principal Act is amended by omitting from the definition of "credit card" in sub-section (3) the words "services or goods or other property" (wherever occurring) and substituting the words "goods or services".

Assertion of right to payment for unsolicited goods or services, or for making entry in directory.
39. Section 64 of the Principal Act is amended—
     (a) by inserting after sub-section (2) the following sub-sections:—
    "(2a) A corporation shall not, in trade or commerce, assert a right to payment from a person for unsolicited services unless the corporation has reasonable cause to believe that there is a right to payment.
    "(2b) Sub-section (2a) does not apply in relation to the assertion of a right to payment from a person for unsolicited services if the person ordinarily uses like services in the course of his profession, business, trade or occupation.";
     (b) by omitting from sub-section (5) the words "or of a charge for the making of an entry in a directory" and substituting the words "or services, or of a charge for the making of an entry in a directory,";
     (c) by inserting in paragraph (e) of sub-section (5), after the word "goods'', the words "or services'';
     (d) by omitting sub-section (8); and

     (e) by inserting in paragraph (a) of sub-section (9), after the word ''goods'', the words ''or unsolicited services''.

Supply by description.
40. (1) Section 70 of the Principal Act is amended by omitting from sub-section (1) the words "or sale by competitive tender".
(2) The amendment made by sub-section (1) applies only in relation to contracts made after the commencement of this section.

Implied undertakings as to quality or fitness.
41. (1) Section 71 of the Principal Act is amended by omitting