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CONSUMER PROTECTION ACT 1999

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1 PART I PRELIMINARY-1. Short title and commencement.
2 PART I PRELIMINARY-2. Application.
3 PART I PRELIMINARY-3. Interpretation.
4 PART I PRELIMINARY-4. Ouster of choice of law.
5 PART I PRELIMINARY-5. Savings for other relevant legislation.
6 PART I PRELIMINARY-6. No contracting out.
7 PART I PRELIMINARY-7. Appointment of Controller, Deputy Controllers, etc.
8 PART II MISLEADING AND DECEPTIVE CONDUCT, FALSE REPRESENTATION AND UNFAIR PRACTICE-8. Interpretation.
9 PART II MISLEADING AND DECEPTIVE CONDUCT, FALSE REPRESENTATION AND UNFAIR PRACTICE-9. Misleading conduct.
10 PART II MISLEADING AND DECEPTIVE CONDUCT, FALSE REPRESENTATION AND UNFAIR PRACTICE-10. False or misleading representation.
11 PART II MISLEADING AND DECEPTIVE CONDUCT, FALSE REPRESENTATION AND UNFAIR PRACTICE-11. False representation and other misleading conduct in relation to land.
12 PART II MISLEADING AND DECEPTIVE CONDUCT, FALSE REPRESENTATION AND UNFAIR PRACTICE-12. Misleading indication as to price.
13 PART II MISLEADING AND DECEPTIVE CONDUCT, FALSE REPRESENTATION AND UNFAIR PRACTICE-13. Bait advertising.
14 PART II MISLEADING AND DECEPTIVE CONDUCT, FALSE REPRESENTATION AND UNFAIR PRACTICE-14. Gifts, prizes, free offers, etc.
15 PART II MISLEADING AND DECEPTIVE CONDUCT, FALSE REPRESENTATION AND UNFAIR PRACTICE-15. Claim that goods are limited.
16 PART II MISLEADING AND DECEPTIVE CONDUCT, FALSE REPRESENTATION AND UNFAIR PRACTICE-16. Demanding or accepting payment without intending to supply.
17 PART II MISLEADING AND DECEPTIVE CONDUCT, FALSE REPRESENTATION AND UNFAIR PRACTICE-17. Future services contract.
18 PART II MISLEADING AND DECEPTIVE CONDUCT, FALSE REPRESENTATION AND UNFAIR PRACTICE-18. Presumption of liability for advertisement.
19 PART III SAFETY OF GOODS AND SERVICES-19. Safety standards.
20 PART III SAFETY OF GOODS AND SERVICES-20. Compliance with safety standards.
21 PART III SAFETY OF GOODS AND SERVICES-21. General safety requirement for goods.
21A PART III SAFETY OF GOODS AND SERVICES-21A. General safety requirement for services.
22 PART III SAFETY OF GOODS AND SERVICES-22. Defence.
23 PART III SAFETY OF GOODS AND SERVICES-23. Prohibition against unsafe goods and services.
24 PART III SAFETY OF GOODS AND SERVICES-24. Prohibition of importation of goods or services.
24A PART IIIA UNFAIR CONTRACT TERMS-24A. Interpretation for purposes of Part IIIA.
24B PART IIIA UNFAIR CONTRACT TERMS-24B. Application of Part IIIA.
24C PART IIIA UNFAIR CONTRACT TERMS-24C. General procedural unfairness.
24D PART IIIA UNFAIR CONTRACT TERMS-24D. General substantive unfairness.
24E PART IIIA UNFAIR CONTRACT TERMS-24E. Burden of proof.
24F PART IIIA UNFAIR CONTRACT TERMS-24F. Power to raise an issue of unfairness.
24G PART IIIA UNFAIR CONTRACT TERMS-24G. Effect of unfair terms.
24H PART IIIA UNFAIR CONTRACT TERMS-24H. Executed contracts.
24I PART IIIA UNFAIR CONTRACT TERMS-24I. Contravention of part IIIA to be an offence.
24J PART IIIA UNFAIR CONTRACT TERMS-24J. Regulations relating to unfair contract terms.
25 PART IV OFFENCES, DEFENCES AND REMEDIES IN RELATION TO PARTS II AND III-25. Contravention of Parts 11 and 111 to be an offence.
26 PART IV OFFENCES, DEFENCES AND REMEDIES IN RELATION TO PARTS II AND III-26. Offence caused by act or default of another person.
27 PART IV OFFENCES, DEFENCES AND REMEDIES IN RELATION TO PARTS II AND III-27. Defence of mistake, accident, etc.
28 PART IV OFFENCES, DEFENCES AND REMEDIES IN RELATION TO PARTS II AND III-28. Defence of innocent publication of advertisement.
29 PART IV OFFENCES, DEFENCES AND REMEDIES IN RELATION TO PARTS II AND III-29. Power of court to grant ancillary relief.
30 PART V GUARANTEES IN RESPECT OF SUPPLY OF GOODS-30. Application.
31 PART V GUARANTEES IN RESPECT OF SUPPLY OF GOODS-31. Implied guarantee as to title.
32 PART V GUARANTEES IN RESPECT OF SUPPLY OF GOODS-32. Implied guarantee as to acceptable quality.
33 PART V GUARANTEES IN RESPECT OF SUPPLY OF GOODS-33. Implied guarantee as to fitness for particular purpose.
34 PART V GUARANTEES IN RESPECT OF SUPPLY OF GOODS-34. Implied guarantee that goods comply with description.
35 PART V GUARANTEES IN RESPECT OF SUPPLY OF GOODS-35. Implied guarantee that goods comply with sample.
36 PART V GUARANTEES IN RESPECT OF SUPPLY OF GOODS-36. Implied guarantee as to price.
37 PART V GUARANTEES IN RESPECT OF SUPPLY OF GOODS-37. Implied guarantee as to repairs and spare parts.
38 PART V GUARANTEES IN RESPECT OF SUPPLY OF GOODS-38. Manufacturer's express guarantee.
39 PART VI RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF GOODS-39. Consumer's right of redress against suppliers.
40 PART VI RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF GOODS-40. Exception in respect of implied guarantee as to acceptable quality.
41 PART VI RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF GOODS-41. Options against suppliers where goods do not comply with guarantees.
42 PART VI RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF GOODS-42. Satisfaction of requirement to remedy a failure.
43 PART VI RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF GOODS-43. Loss of right to reject goods.
44 PART VI RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF GOODS-44. Failure of substantial character.
45 PART VI RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF GOODS-45. Manner of rejecting goods.
46 PART VI RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF GOODS-46. Consumer's option of refund or replacement.
47 PART VI RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF GOODS-47. Assessment of damages in case of hire-purchase agreements.
48 PART VI RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF GOODS-48. Liability for representation.
49 PART VI RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF GOODS-49. Liability of assignees and financiers.
50 PART VII RIGHTS AGAINST MANUFACTURERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF GOODS-50. Consumer's right of redress against manufacturers.
51 PART VII RIGHTS AGAINST MANUFACTURERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF GOODS-51. Exceptions to right of redress against manufacturers.
52 PART VII RIGHTS AGAINST MANUFACTURERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF GOODS-52. Options against manufacturers where goods do not comply with guarantees.
53 PART VIII GUARANTEES IN RESPECT OF SUPPLY OF SERVICES-53. Implied guarantee as to reasonable care and skill.
54 PART VIII GUARANTEES IN RESPECT OF SUPPLY OF SERVICES-54. Implied guarantee as to fitness for particular purpose.
55 PART VIII GUARANTEES IN RESPECT OF SUPPLY OF SERVICES-55. Implied guarantee as to time of completion.
56 PART VIII GUARANTEES IN RESPECT OF SUPPLY OF SERVICES-56. Implied guarantee as to price.
57 PART IX RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF SERVICES-57. Consumer's right of redress against suppliers.
58 PART IX RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF SERVICES-58. Exceptions to right of redress against supplier in relation to services.
59 PART IX RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF SERVICES-59. Contracts of work and materials.
60 PART IX RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF SERVICES-60. Options against suppliers where services do not comply with guarantees.
61 PART IX RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF SERVICES-61. Loss of right to cancel contract.
62 PART IX RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF SERVICES-62. Failure of substantial character.
63 PART IX RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF SERVICES-63. Rules applying to cancellation of contract.
64 PART IX RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF SERVICES-64. Effect of cancellation of contract.
65 PART IX RIGHTS AGAINST SUPPLIERS IN RESPECT OF GUARANTEES IN THE SUPPLY OF SERVICES-65. Power of court to grant ancillary relief.
66 PART X PRODUCT LIABILITY-66. Interpretation.
67 PART X PRODUCT LIABILITY-67. Meaning of "defect".
68 PART X PRODUCT LIABILITY-68. Liability for defective products.
69 PART X PRODUCT LIABILITY-69. Extent of liability for loss or damage.
70 PART X PRODUCT LIABILITY-70. Application of other written law.
71 PART X PRODUCT LIABILITY-71. Prohibition on exclusion from liability.
72 PART X PRODUCT LIABILITY-72. Defences.
73 PART XI THE NATIONAL CONSUMER ADVISORY COUNCIL-73. Establishment of the National Consumer Advisory Council.
74 PART XI THE NATIONAL CONSUMER ADVISORY COUNCIL-74. Membership of Council.
75 PART XI THE NATIONAL CONSUMER ADVISORY COUNCIL-75. Temporary exercise of functions of Chairman.
76 PART XI THE NATIONAL CONSUMER ADVISORY COUNCIL-76. Vacation of office.
77 PART XI THE NATIONAL CONSUMER ADVISORY COUNCIL-77. Revocation of appointment.
78 PART XI THE NATIONAL CONSUMER ADVISORY COUNCIL-78. Resignation.
79 PART XI THE NATIONAL CONSUMER ADVISORY COUNCIL-79. Filling of vacancy.
80 PART XI THE NATIONAL CONSUMER ADVISORY COUNCIL-80. Secretary to Council and other officers.
81 PART XI THE NATIONAL CONSUMER ADVISORY COUNCIL-81. Allowance.
82 PART XI THE NATIONAL CONSUMER ADVISORY COUNCIL-82. Council may invite others to meetings.
83 PART XI THE NATIONAL CONSUMER ADVISORY COUNCIL-83. Validity of acts and proceedings.
84 PART XI THE NATIONAL CONSUMER ADVISORY COUNCIL-84. Regulations relating to the Council.
84A PART XIA COMMITTEE ON ADVERTISEMENT-84A. Committee on Advertisement.
84B PART XIA COMMITTEE ON ADVERTISEMENT-84B. Membership of Committee on Advertisement.
84C PART XIA COMMITTEE ON ADVERTISEMENT-84C. Provisions of schedule to apply to the Committee on Advertisement.
84D PART XIA COMMITTEE ON ADVERTISEMENT-84D. Regulations relating to the Committee on Advertisement.
85 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-85. Establishment of the Tribunal for Consumer Claims.
86 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-86. Membership of Tribunal.
87 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-87. Temporary exercise of functions of Chairman.
88 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-88. Vacation of office.
89 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-89. Revocation of appointment.
90 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-90. Resignation.
91 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-91. Filling of vacancy.
92 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-92. Remuneration.
93 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-93. Secretary to Tribunal and other officers.
94 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-94. Public servant.
95 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-95. No action to lie against Tribunal.
96 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-96. Sittings of Tribunal.
97 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-97. Commencement of proceedings.
98 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-98. Jurisdiction of Tribunal.
99 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-99. Limitation of jurisdiction.
100 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-100. Extension of jurisdiction by agreement.
101 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-101. Abandonment to bring claim within jurisdiction.
102 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-102. Cause of action not to be split.
103 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-103. [Deleted by Act A1380:s.9].
104 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-104. Exclusion of jurisdiction of court.
105 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-105. Disposal of perishable goods.
106 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-106. Notice of claim and hearing.
107 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-107. Negotiation for settlement.
108 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-108. Right to appear at hearings.
109 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-109. Proceedings to be public.
109A PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-109A. Procedure to be reduced into writing.
110 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-110. Evidence.
111 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-111. Tribunal may act in absence of party.
112 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-112. Awards of Tribunal.
113 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-113. Reference to a Judge of the High Court on a question of law.
114 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-114. Reasons for decision.
115 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-115. Orders and settlements to be recorded in writing.
116 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-116. Decisions of Tribunal to be final.
117 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-117. Criminal penalty for failure to comply.
118 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-118. Procedure where no provision is made.
119 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-119. Want of form.
120 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-120. Disposal of documents, etc.
121 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-121. Act or omission done in good faith.
122 PART XII THE TRIBUNAL FOR CONSUMER CLAIMS-122. Regulations in respect of the Tribunal.
123 PART XIII ENFORCEMENT-123. Power of investigation.
124 PART XIII ENFORCEMENT-124. Authority cards.
125 PART XIII ENFORCEMENT-125. Search by warrant.
126 PART XIII ENFORCEMENT-126. Search and seizure without warrant.
127 PART XIII ENFORCEMENT-127. List of things seized.
128 PART XIII ENFORCEMENT-128. Power to require attendance of person acquainted with case.
129 PART XIII ENFORCEMENT-129. Examination of person acquainted with case.
130 PART XIII ENFORCEMENT-130. Statement to be admissible in evidence.
131 PART XIII ENFORCEMENT-131. Forfeiture of goods, etc., seized.
132 PART XIII ENFORCEMENT-132. Cost of holding goods, etc., seized.
133 PART XIII ENFORCEMENT-133. No costs or damages arising from seizure to be recoverable.
134 PART XIII ENFORCEMENT-134. Protection of informers.
135 PART XIII ENFORCEMENT-135. Reward for information.
136 PART XIII ENFORCEMENT-136. Disappearance or destruction of goods, etc., to be seized.
137 PART XIII ENFORCEMENT-137. Offences with respect to information.
138 PART XIII ENFORCEMENT-138. Obstruction of Assistant Controller.
139 PART XIII ENFORCEMENT-139. Use of confidential information.
140 PART XIV GENERAL AND MISCELLANEOUS-140. Receipts.
141 PART XIV GENERAL AND MISCELLANEOUS-141. Power to order compliance.
142 PART XIV GENERAL AND MISCELLANEOUS-142. Failure to comply with lawful order.
143 PART XIV GENERAL AND MISCELLANEOUS-143. Offences by body corporate.
144 PART XIV GENERAL AND MISCELLANEOUS-144. Offences by employees, agents or employees of agents.
145 PART XIV GENERAL AND MISCELLANEOUS-145. General penalty.
146 PART XIV GENERAL AND MISCELLANEOUS-146. Compounding of offences.
147 PART XIV GENERAL AND MISCELLANEOUS-147. Institution of prosecution.
148 PART XIV GENERAL AND MISCELLANEOUS-148. Jurisdiction to try offences.
149 PART XIV GENERAL AND MISCELLANEOUS-149. Protection of officers.
150 PART XIV GENERAL AND MISCELLANEOUS-150. Regulations.
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