Fair Trading Amendment Act 2013

  • A correction has been made to section 29 under section 25(1)(j)(iii) and (iv) of the Legislation Act 2012.

Disclosure of trader status

17 New section 28B inserted
  • The following section is inserted after section 28A:

    28B Disclosure of trader status on Internet
    • (1) This section applies when—

      • (a) goods or services are offered for sale to consumers on the Internet; and

      • (b) the offer is able to be accepted via the Internet.

      (2) If the vendor of the goods or services is in trade, the person making the offer must make it clear to potential purchasers that the vendor is a person in trade.

      (3) If the offer and any resulting sale are managed by an intermediary that is not party to the sale (such as an intermediary that operates an online bidding process), the intermediary must take reasonable steps to ensure that the person offering the goods or services for sale complies with subsection (2).