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The Consumer Affairs (Amendment) Act, 2009 (Bill No. 23)

A BILL

entitled

AN ACT to amend the Consumer Affairs Act, Cap. 378.

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:-

Short title. Cap. 378.

Amendment of article 14A of the principal Act.

1. The short title of this Act is the Consumer Affairs (Amendment) Act, 2009 and this Act shall be read and construed as one with the Consumer Affairs Act, hereinafter referred to as "the principal Act".

2. In subarticle (1) of article 14A of the principal Act, for the words "make his submissions to the Director." there shall be substituted the words "make his submissions to the Director:", and immediately thereafter there shall be added the following proviso:

"Provided that the Director may:
(a) require the person concerned to furnish evidence as to the accuracy of factual claims in relation to a commercial practice if, taking into account the legitimate interest of the person concerned and any other party to the proceedings, such a requirement appears appropriate on the basis of the circumstances of the particular case; and
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(b) consider factual claims as inaccurate if the evidence demanded in accordance with paragraph (a) of this proviso is not furnished or is deemed insufficient by the Director.".

3. Subarticle (2) of article 44 of the principal Act shall be amended as follows:

(a) in paragraph (w) thereof, for the words "of the trader; and", there shall be substituted the words "of the trader;";
(b) in paragraph (x) thereof, for the words "a service.", there shall be substituted the words "a service;"; and
(c) immediately after paragraph (x) thereof, there shall be added the following new paragraphs:
"(y) excluding or limiting the legal liability of a trader or supplier in the event of the death of a consumer or personal injury to the latter resulting from an act or omission of that seller or supplier;
(z) authorizing the trader or supplier to dissolve the contract on a discretionary basis where the same facility is not granted to the consumer, or permitting the trader or supplier to retain the sums paid for services not yet supplied by him where it is the trader or supplier himself who dissolves the contract;
(aa) enabling the trader or supplier to terminate a contract of indeterminate duration without reasonable notice except where there are serious grounds for doing so;
(bb) automatically extending a contract of fixed duration where the consumer does not indicate otherwise, when the deadline fixed for the consumer to express this desire not to extend the contract is unreasonably early;
(cc) excluding or hindering the consumer’s right to take legal action or exercise any other legal action or exercise any other legal remedy, particularly by requiring the consumer to take disputes to arbitration not covered by legal provisions, unduly restricting the evidence available to him or imposing on him a burden of proof which, according to the applicable law, should lie with another party to the contract.".

Amendment of article 44 of the principal Act.

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Amendment of article 47 of the principal Act.

4. In subarticle (2) of article 47 of the principal Act, for the words "shall prevail." there shall be substituted the words "shall prevail:", and immediately thereafter there shall be added the following proviso:

"Provided that this subarticle shall not apply to proceedings brought under article 94.".

Objects and Reasons

The objects of this Bill are to amend the Consumer Affairs Act, in conformity with Directives 93/13/EEC and 2005/29/EC.