Western Australia
Door to Door Trading Act 1987
Door to Door Trading Regulations 1987
Reprint 1: The regulations as at 13 February 2004
Guide for using this reprint
What the reprint includes
Endnotes, Compilation table, and Table of provisions that have not come into operation
1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.
2.Transitional, savings, or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.
3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.
Notes amongst text (italicised and within square brackets)
1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).
Notes of this kind may also be at the foot of Schedules or headings.
2.The other kind of editorial note shows something has been —
•removed (because it was repealed or deleted from the law); or
•omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).
The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.
Reprint numbering and date
1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.
2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.
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Reprinted under the Reprints Act 1984 as
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at 13 February 2004
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Western Australia
Door to Door Trading Act 1987
Door to Door Trading Regulations 1987
1.Citation
These regulations may be cited as the Door to Door Trading Regulations 1987 1.
2.Commencement
These regulations shall come into operation on the day on which the Door to Door Trading Act 1987 comes into operation 1.
3.Certain contracts declared not to be prescribed contracts
A contract for the supply of goods or services by a benevolent organization formed for the relief of poverty or the advancement of religion or otherwise involved in charitable activities in the community is declared under section 6(3)(c) of the Act not to be a prescribed contract.
4.Size of printing or typewriting for the purposes of section 7(1)(i) of the Act
The printing or typewriting of the contract and the notices referred to in section 7(1)(i) of the Act shall be of a size not smaller than 10 point type.
5.Forms 1 and 2 prescribed for the purposes of section 7(1)(g) of the Act
(1)A notice to be given to a consumer under section 7(1)(g)(i) of the Act explaining the right of the consumer to rescind the contract shall be in the form of Form 1.
(2)A notice that may be used by a consumer to rescind the contract to be given to a consumer under section 7(1)(g)(ii) of the Act shall be in the form of Form 2.
6.Services excluded from application of section 8(2) of the Act
Where it is not practicable by the nature of a service to delay its supply, that service is, under section 8(3) of the Act, excluded from the application of section 8(2) of the Act.
[7.Omitted under the Reprints Act 1984 s. 7(4)(f).]
Form 1
[Regulation 5]
Western Australia
DOOR TO DOOR TRADING ACT 1987
DOOR TO DOOR TRADING REGULATIONS 1987
STATEMENT REQUIRED TO BE GIVEN BY THE DEALER TO THE CONSUMER AT OR IMMEDIATELY BEFORE THE MAKING OF THE CONTRACT
To ...........................................................................................................................
(Insert name of consumer)
You are entitled to rescind the contract made by you on .......................................
20........ to ...............................................................................................................
(Insert a concise description of the goods or a concise
.................................................................................................................................
description of the services to be supplied)
by giving to ............................................................................................................
(Insert full name of supplier)
notice in or to the effect of the form attached to this statement addressed to the following address ...................................................................................................
(Insert full postal address of place of business of the supplier of the goods or services)
.................................................................................................................................
at any time within the 10‑day cooling‑off period. The 10‑day cooling‑off period commences on the day on which the contract was made.
You are not entitled to terminate the contract within the 10‑day cooling‑off period if the contract was made as the result of an unsolicited request by you to the dealer or supplier to attend at the place where the contract was made.
You are also entitled to rescind the contract within 6 months of the date of the contract if there has been a breach of section 5, section 7 or Part III of the Door to Door Trading Act 1987.
Form 2
[Regulation 5]
Western Australia
DOOR TO DOOR TRADING ACT 1987
DOOR TO DOOR TRADING REGULATIONS 1987
NOTICE TO RESCIND CONTRACT
To ...........................................................................................................................
(Insert name and address of supplier)
I rescind the contract made by me on .................................................... 20........to
.................................................................................................................................
(Insert a concise description of the goods or services which were to be supplied)
.................................................................................................................................
I am exercising my right to rescind the contract —
* (a)before the expiration of the 10‑day cooling‑off period;
* (b)because ......................................................................................
(Insert a concise statement of the reason for rescission)
...................................................................................................
which is contrary to *section 5 /*section 7 /*Part III of the Door to Door Trading Act 1987.
I require that you repay forthwith all money due to me under or with respect to that contract.
Dated .....................................................
Signed ...................................................
(Consumer’s signature)
* Strike out whichever is not applicable.
INSTRUCTIONS
This notice must be given by delivering it personally to the supplier or sending it by post in an envelope addressed to the supplier —
(a)within 10 days of the date on which the contract was made in the case of a rescission made before the expiration of the cooling‑off period; or
(b)within 6 months of the date on which the contract was made in the case of a rescission for a contravention of, or failure to comply with, section 5, section 7, or Part III of the Door to Door Trading Act 1987.
Notes
1This reprint is a compilation as at 13 February 2004 of the Door to Door Trading Regulations 1987 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
Compilation table
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Citation
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Gazettal
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Commencement
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Door to Door Trading Regulations 1987
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24 Jul 1987 p. 2850‑1
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1 Sep 1987 (see r. 2 and Gazette 24 Jul 1987 p. 2813)
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Door to Door Trading Amendment Regulations 1988
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12 Aug 1988 p. 2772
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12 Aug 1988
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Reprint 1: The Door to Door Trading Regulations 1987 as at 13 Feb 2004 (includes amendments listed above)
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By Authority: JOHN A. STRIJK, Government Printer