Consumer Protection Act (CPA) - Sections & Subsections

Vocabulary flashcards covering key CPA sections and subsections from Pages 1–4.

Section 1 – Definitions

Defines terms used in the CPA.

Section 2(8) & (9) – Inconsistencies with other Acts and which Act will prevail

Deals with inconsistencies between Acts and which Act prevails.

Section 2(10) – Interpretation

CPA does not exclude common law rights.

Section 3 – Purpose of the Act

States the overall purpose of the CPA.

Section 3(1)(b) – Vulnerable consumers

Provides protection for vulnerable consumers.

Section 4(1)(a)–(e) – Locus standi

Who may approach a court, the NCC or NCT (locus standi).

Section 4(3) – Ambiguity in interpretation

If ambiguous, prefer meaning that promotes consumer rights.

Section 5(1) & (6) – Application of the CPA

Application of the CPA to transactions it applies to.

Section 5(2) – Exclusions from application

Lists exclusions from CPA application.

Section 5(8) – Scope of application

CPA applies regardless of supplier’s location, profit motive, etc.

Section 8(1) – Prohibited discriminatory conduct

Disallowed discriminatory conduct by suppliers.

Section 8(2) – Unfair discrimination in interactions

Unfair discrimination in certain supplier–consumer interactions.

Section 8(4) – Courts’ equality authority

Courts’ authority in equality matters.

Section 9(1) – Reasonable grounds for differential treatment

Differential treatment allowed on reasonable grounds (minors, elderly).

Section 9(2) – Gender distinctions

Regulates gender-based distinctions in treatment.

Section 9(3) – Intended users and target markets

Identifies intended users and specific target markets.

Section 9(4) – Court’s fairness assessment authority

Court’s authority to assess fairness.

Section 10(2)(b)(i–iii) – Presumption of unfair discrimination

Presumption and inference of unfair discrimination.

Section 11(1) – Right to restrict unwanted direct marketing

Consumer right to limit unsolicited direct marketing.

Section 12 – Permissible times for direct marketing

Allowed times for direct marketing contact.

Section 13(1) – Right to choice; no forced bundling

Protection of the right to choice; no forced bundling.

Section 13(2) – Franchise agreements exception

Franchise agreements are treated as an exception.

Section 14 – Right to privacy (constitutional link)

Privacy rights linked to constitutional protections.

Section 15(1)–(4) – Pre-authorisation for repair and maintenance

Pre-authorisation requirements for repair and maintenance services.

Section 16 – Cooling-off right in direct marketing

Cooling-off period for certain direct marketing engagements.

Section 16(4) – Refund duty after cancellation

Supplier’s duty to refund payments after cancellation.

Section 17(1) – Application (advance reservations, bookings, orders)

Application in cases of advance reservations, bookings and orders.

Section 17(2) – Right to cancel bookings

Right to cancel bookings.

Section 17(3) – Deposit or cancellation fee by supplier

Supplier may charge a deposit or cancellation fee.

Section 17(4) – Reasonableness of cancellation fee

Cancellation fee must be reasonable.

Section 17(5) – Exceptions (no fee for death/hospitalisation)

No cancellation fee in specified exceptional cases (death or hospitalisation).

Section 20(4) & (6) – Consumer’s duty to return goods

When consumers must return goods and when charges may apply.

Section 22(1)–(3) – Plain language information

Right to information in plain and understandable language.

Section 25(1) – Disclosure of reconditioned goods

Obligation to disclose reconditioned goods.

Section 25(2) – Disclosure of grey-market goods

Obligation to disclose grey-market goods.

Section 26(1)–(4) – Written sales records

Supplier’s duty to provide a written record of the transaction.

Section 29(1) – Marketing standards

General standards to avoid false, misleading or deceptive marketing.

Section 30(1)–(3) – Bait marketing prohibitions and defences

Prohibits bait marketing and outlines defences.

Section 31(2)–(3) – Negative option marketing prohibition

Negative option marketing prohibited; such agreements may be void.

Section 32(1) – Direct marketing and rescind right

Direct marketing duties and informing consumer of right to rescind.

Section 38(1)–(3) – Referral selling prohibited

Referral selling is prohibited.

Section 40(1)–(2) – Unconscionable conduct prohibition

Prohibits unconscionable conduct by suppliers.

Section 41(1)–(4) – False, misleading or deceptive representations

Prohibits false, misleading or deceptive representations.

Section 47(1)–(6) – Over-selling and over-booking

Over-selling and over-booking of goods/services prohibited.

Section 61 – Liability for damage caused by goods

Liability framework for damage caused by goods.

Section 62(1)–(5) – Lay-by agreements

Rules governing lay-by agreements.

Section 120 – Regulations and transitional provisions

Regulations and transitional provisions; references to effective dates.