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Number 37 of 2022
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CONSUMER RIGHTS ACT 2022
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CONTENTS
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PART 1
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Preliminary and general
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Section
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1. Short title and commencement
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2. Interpretation
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3. Regulations
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4. Making of contract
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5. Contract terms may be more favourable to consumer
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6. Powers of court in relation to remedies under Parts 2 to 4
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7. Representations purporting to restrict rights of consumer: offences
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8. Repeals and revocations
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9. Savings
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PART 2
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Sales contracts
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Chapter 1
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Interpretation and application (Part 2)
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10. Interpretation (Part 2)
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11. Sales contracts
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12. Application (Part 2)
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13. Power of Minister to extend application of Part 2
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Chapter 2
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Consumer rights in sales contracts
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14. Right to terminate sales contract where trader has no right to sell
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15. Goods to be in conformity with sales contract
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16. Goods to be free from charge and other encumbrance
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17. Subjective requirements for conformity with sales contract
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18. Objective requirements for conformity with sales contract
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19. Incorrect installation of goods
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20. Implied terms of sales contract
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21. Liability of trader under sales contract
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22. Burden of proof under sales contract
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Chapter 3
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Consumer remedies in sales contracts
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23. Right to remedies under sections 24 and 25
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24. Short-term right to terminate sales contract
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25. Repair or replacement of goods
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26. Right to proportionate reduction in price or final termination of sales contract
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27. Price reduction: sales contract
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28. Obligations of consumer in event of termination of sales contract
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29. Remedies where contract also provides for supply of digital content etc.
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30. Obligations of trader where sales contract terminated
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31. Time limits and means of reimbursement by trader: sales contract
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32. General right to withhold payment: sales contract
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33. Effect of termination of sales contract on ancillary contract
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34. Consumer’s right to pursue other remedies
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Chapter 4
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Other rules in sales contracts
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35. Passing of risk
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36. Delivery of goods under sales contract
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37. Instalment deliveries
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38. Right of redress of trader (Part 2)
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39. Exclusion or limitation of liability of trader (Part 2)
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Chapter 5
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Commercial guarantees
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40. Liability for commercial guarantee
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41. Liability of trader for other guarantor’s commercial guarantee
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42. Liability under commercial guarantee to subsequent consumers
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43. Right of action pursuant to commercial guarantee
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44. Provision and content of commercial guarantee statement
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45. Exclusion or limitation of rights of consumer under commercial guarantee
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Chapter 6
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Other third party rights
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46. Rights of recipient of gift
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47. Rights of certain users of motor vehicle
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PART 3
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Digital content contracts and digital service contracts
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Chapter 1
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Interpretation and application (Part 3)
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48. Interpretation (Part 3)
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49. Application (Part 3)
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Chapter 2
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Consumer rights in digital content contracts and digital service contracts
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50. Right to supply digital content or digital service
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51. Duty to supply digital content or digital service
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52. Digital content or digital service to be in conformity with digital content contract or digital service contract
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53. Subjective requirements for conformity with digital content contract or digital service contract
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54. Objective requirements for conformity with digital content contract or digital service contract
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55. Incorrect integration of digital content or digital service
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56. Implied terms of digital content contract or digital service contract
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57. Third party rights
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58. Liability of trader under digital content contract or digital service contract
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59. Burden of proof under digital content contract or digital service contract
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Chapter 3
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Consumer remedies in digital content contracts and digital service contracts
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60. Remedy for failure to supply digital content or digital service
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61. Right to have digital content or digital service brought into conformity with contract
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62. Right to proportionate reduction in price or termination of contract
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63. Price reduction: digital content contract or digital service contract
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64. Modification of digital content or digital service
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65. Remedies where contract also provides for sale of goods etc.
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66. Obligations of consumer in event of termination of digital content contract or digital service contract
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67. Obligations of trader where digital content contract or digital service contract terminated
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68. Time limits and means of reimbursement by trader: digital content contract or digital service contract
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69. General right to withhold payment digital content contract or digital service contract
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70. Effect of termination of digital content contract or digital service contract on ancillary contract
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71. Exclusion or limitation of liability of trader (Part 3)
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72. Right of redress of trader (Part 3)
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73. Other remedies
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PART 4
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Service contracts
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Chapter 1
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Interpretation and application (Part 4)
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74. Interpretation (Part 4)
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75. Application (Part 4)
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76. Power of Minister to restrict or extend application of Part 4
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77. Effect of Part on other enactments etc.
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Chapter 2
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Consumer rights in service contracts
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78. Supply of service
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79. Service to be in conformity with service contract
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80. Subjective requirements for conformity with service contract
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81. Objective requirements for conformity with service contract
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82. Implied terms of service contract
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83. Reasonable price to be paid for service
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Chapter 3
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Consumer remedies in service contracts
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84. Remedy for failure to supply service
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85. Right to have service brought into conformity with service contract
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86. Right to proportionate reduction in price or termination of service contract
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87. Price reduction: service contract
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88. Obligations of consumer in event of termination of service contract
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89. Obligations of trader where service contract terminated
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90. Time limits and means of reimbursement by trader: service contract
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91. General right to withhold payment: service contract
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92. Effect of termination of service contract on ancillary contract
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93. Remedies where contract also provides for sale of goods etc.
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94. Exclusion or limitation of liability of trader (Part 4)
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95. Continuing entitlement to pursue other remedies
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PART 5
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Consumer information, cancellation and other rights
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Chapter 1
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Interpretation and application
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96. Interpretation (Part 5)
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97. Application (Part 5)
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98. Off-premises contracts to which Part 5 does not apply
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99. Rights of consumer cannot be waived
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100. Burden of proof
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Chapter 2
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Consumer information for on-premises contract
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101. Information requirements for on-premises contract
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102. Power of Minister to specify further information requirements
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Chapter 3
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Consumer information for off-premises contract
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103. Information requirements for off-premises contract
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104. Information requirements for off-premises contract for repairs or maintenance
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105. Provision of copy or confirmation of off-premises contract
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Chapter 4
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Consumer information for distance contract
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106. Information requirements for distance contract
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107. Additional information requirements for distance contract concluded on online marketplace
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108. Additional information requirements for distance contract concluded by electronic means
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109. Provision of confirmation of distance contract
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Chapter 5
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Right to cancel distance contract or off-premises contract
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110. Interpretation (Chapter 5)
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111. Application (Chapter 5)
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112. Right to cancel
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113. Duration of cancellation period
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114. Omission of information on right to cancel
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115. Exercise of right to cancel
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116. Effect of cancellation or withdrawal
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117. Obligations of trader in event of cancellation
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118. Return of goods and obligations of consumer in event of cancellation
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119. Performance of certain contracts during cancellation period
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120. Supply of digital content during cancellation period
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121. Effect of cancellation on ancillary contract
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Chapter 6
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Other consumer rights
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122. Fee for use of means of payment
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123. Additional payments
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124. Charges for communication by telephone
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125. Inertia selling
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PART 6
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Unfair terms in consumer contracts
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Chapter 1
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Interpretation and application (Part 6)
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126. Interpretation (Part 6)
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127. Application (Part 6)
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128. Application of Part in relation to implied term of consumer contract
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Chapter 2
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Unfair terms in consumer contracts
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129. Unfair term not binding
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130. Meaning of “unfair”
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131. Exclusion from assessment for unfairness
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132. Consumer contract terms that are always unfair
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133. Consumer contract terms presumed to be unfair
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134. Consumer contract terms to be transparent
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135. Interpretation of term of consumer contract
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136. Duty of court to consider whether term of consumer contract unfair
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137. Application to court for declaration or injunction
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138. Transfer from Circuit Court to High Court
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139. Publication of order made by court under section 137(1)
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140. Offence
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PART 7
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Proceedings and penalties
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141. Interpretation (Part 7)
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142. Offences: penalties
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143. Liability for offences by body corporate
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144. Defence of due diligence
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145. Convicted persons liable for costs and expenses of proceedings and investigation
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146. Convicted traders liable to compensate consumers for loss or damage
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147. Prosecution of summary offences
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PART 8
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Amendment of Consumer Credit Act 1995
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148. Amendment of section 2 of Act of 1995
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149. Sections 73A to 73X: Interpretation
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150. Insertion of sections 73A to 73X into Act of 1995
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151. Application of sections 73A to 83 of Act of 1995 to consumer-hire agreements
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PART 9
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Amendment of Consumer Protection Act 2007
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152. Amendment of section 2 of Act of 2007
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153. Amendment of section 41 of Act of 2007
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154. Misleading: marketing of goods as identical where significantly different
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155. Amendment of section 46 of Act of 2007
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156. Amendment of section 47 of Act of 2007
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157. Amendment of section 55 of Act of 2007
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158. Amendment of section 67 of Act of 2007
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159. Amendment of section 71 of Act of 2007
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160. Amendment of section 73 of Act of 2007
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161. Consumer’s right to price reduction and termination of contract
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162. Amendment of section 75 of Act of 2007
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163. Time limit for instituting summary proceedings
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164. Amendment of section 79 of Act of 2007
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165. Commission for Communications Regulation may institute summary proceedings for certain offences
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166. Amendment of section 85 of Act of 2007
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167. Amendment of section 90 of Act of 2007
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168. Amendment of section 91 of Act of 2007
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169. Amendment of Schedule 4 to Act of 2007
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170. Amendment of Schedule 5 to Act of 2007
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PART 10
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Amendment of Central Bank Act 1942
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171. Amendment of Central Bank Act 1942
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PART 11
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Amendment of Communications Regulation Act 2002
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172. Amendment of section 10 of Communications Regulation Act 2002
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173. Amendment of section 39 of Communications Regulation Act 2002
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PART 12
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Amendment of Competition and Consumer Protection Act 2014
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174. Amendment of section 12 of Competition and Consumer Protection Act 2014
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PART 13
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Amendment of Companies Act 2014
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175. Amendment of section 459 of Companies Act 2014
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PART 14
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Minor and consequential amendments of enactments
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176. Minor and consequential amendments of enactments
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SCHEDULE 1
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Repeals and Revocations
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Part 1
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Repeals
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Part 2
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Revocations
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SCHEDULE 2
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Information to be provided: on-premises contract
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SCHEDULE 3
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Information to be provided: off-premises contract or distance contract
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SCHEDULE 4
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Information concerning the exercise of the right to cancel
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Part 1
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Model instructions on right to cancel
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Part 2
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Model cancellation form
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SCHEDULE 5
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Part 1
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Contract terms presumed unfair
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Part 2
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Restrictions on application of Part 1
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SCHEDULE 6
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Part 1
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Amendments of Acts
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Part 2
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Amendment of Statutory Instruments
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Acts Referred to
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Arbitration Act 2010
(No. 1)
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Central Bank (Supervision and Enforcement) Act 2013
(No. 26)
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Central Bank Act 1942
(No. 22)
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Civil Liability Act 1961
(No. 41)
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Communications Regulation (Premium Rate Services and Electronic Communications Infrastructure) Act 2010
(No. 2)
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Communications Regulation Act 2002
(No. 20)
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Companies Act 2014
(No. 38)
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Competition (Amendment) Act 2022
(No. 12)
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Competition Act 2002
(No. 14)
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Competition and Consumer Protection Act 2014
(No. 29)
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Consumer Credit Act 1995
(No. 24)
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Consumer Protection Act 2007
(No. 19)
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Data Protection Act 2018
(No. 7)
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Data Protection Acts 1988 to 2018
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Interpretation Act 2005
(No. 23)
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Land and Conveyancing Law Reform Act 2009
(No. 27)
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Package Holidays and Travel Trade Act 1995
(No. 17)
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Petty Sessions (Ireland) Act 1851
(14 & 15 Vict., c.93)
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Sale of Goods Act, 1893
(56 & 57 Vict., c.71)
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Sale of Goods and Supply of Services Act 1980
(No. 16)
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Trading Stamps Act 1980
(No. 23)
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Number 37 of 2022
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CONSUMER RIGHTS ACT 2022
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An Act to amend and consolidate the law relating to rights and remedies in contracts between traders and consumers for the sale of goods and the supply of digital content and digital and other services, including by giving effect to Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 20191
on certain aspects concerning contracts for the supply of digital content and digital services, Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 20192
on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC and Articles 1, 3 and 4 of Directive (EU) 2019/2161 of the European Parliament and of the Council of 27 November 20193
amending Council Directive 93/13/EEC and Directives 98/6/EC, 2005/29/EC and 2011/83/EU of the European Parliament and of the Council as regards the better enforcement and modernisation of Union consumer protection rules; to amend and consolidate the law relating to unfair terms in contracts between traders and consumers; to amend the
Consumer Credit Act 1995
to make provision for rights and remedies in hire-purchase agreements and consumer-hire agreements; to amend
section 12
(13) of the
Competition and Consumer Protection Act 2014
; to amend
section 459
of the
Companies Act 2014
; and to provide for related matters.
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[7th November, 2022]
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Be it enacted by the Oireachtas as follows:
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1 OJ No. L 136, 22.5.2019, p.1
2 OJ No. L 136, 22.5.2019, p.28
3 OJ No. L 328, 18.12.2019, p.7 |