Consumer Protection (Fair Trading) Act · 2023 Revised Edition
18. Burden of proof
Official textFrom Attorney General's Chambers, unchanged
If, in any proceedings taken in any court between a consumer and a supplier in relation to a consumer transaction, any dispute arises as to whether the supplier has complied with any specified requirement of this Act
consumer
“consumer” means an individual who, otherwise than exclusively in the course of business — (a) receives or has the right to receive goods or services from a supplier; or (b) has a legal obligation to pay a supplier for goods or services that have been or are to be supplied to another individual;
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or the regulations made thereunder, the burden of proving that the supplier has so complied shall be on the supplier.
supplier
“supplier” means a person who, in the course of the person’s business — (a) provides goods or services to consumers; (b) manufactures, assembles or produces goods; (c) promotes the use or purchase of goods or services; or (d) receives or is entitled to receive money or other consideration as a result of the provision of goods or services to consumers, and includes any employee or agent of the person, and the word “supply”, with its grammatical variations and cognate expressions, shall have corresponding meanings;
The Minister may, by regulations, specify the requirements of this
Minister
“Minister” means the Minister responsible for the administration of this Act;
Act or the regulations made thereunder to which subsection (1) applies.
This section does not affect any other rule of law that places a burden of proof on the supplier.
Terms defined in s 2
consumer
Defined · s 2“consumer” means an individual who, otherwise than exclusively in the course of business — (a) receives or has the right to receive goods or services from a supplier; or (b) has a legal obligation to pay a supplier for goods or services that have been or are to be supplied to another individual;
consumer transaction
Defined · s 2“consumer transaction” means — (a) the supply of goods or services by a supplier to a consumer as a result of a purchase, lease, gift, contest or other arrangement; or (b) an agreement between a supplier and a consumer, as a result of a purchase, lease, gift, contest or other arrangement, in which the supplier is to supply goods or services to the consumer or to another consumer specified in the agreement, but does not include any transaction specified in Schedule 1;
Minister
Defined · s 2“Minister” means the Minister responsible for the administration of this Act;
supplier
Defined · s 2“supplier” means a person who, in the course of the person’s business — (a) provides goods or services to consumers; (b) manufactures, assembles or produces goods; (c) promotes the use or purchase of goods or services; or (d) receives or is entitled to receive money or other consideration as a result of the provision of goods or services to consumers, and includes any employee or agent of the person, and the word “supply”, with its grammatical variations and cognate expressions, shall have corresponding meanings;
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