- Arrangement of Provisions
- PART 1 PRELIMINARY
- PART II Administration
- PART III Consumer Protection
- 7. Approved Standards
- 8. Prohibition on supply of goods below approved standard
- 9. Inquiries regarding sale of goods below approved standard
- 10. Failure to comply with an order
- 11. Product recall
- 12. Offence to refuse to sell goods
- 13. Conditional Sales prohibited
- 14. Trader to display prices
- 15. Trader to issue receipt
- 16. Trader to have notice board
- 17. Misleading or deceptive conduct
- 18. False representation
- 19. Exclusive Dealing
- 20. Price discrimination
- 21. Monopolisation
- 22. Pyramid selling
- 23. Spares or replacements to be held in stock
- 24. Misleading statements about certain business activities
- 25. Misleading conduct about after-sales service
- PART IV Conditions and Warranties in Consumer Transaction
- 26. Interpretation
- 27. This Part not to be excluded from contracts
- 28. Limitation of liability for breach of certain conditions or warranties
- 29. Implied undertakings as to title
- 30. Supply by description
- 31. Implied undertakings as to quality or fitness
- 32. Supply by sample
- 33. Warranties in relation to the supply of services
- 34. Rescission of contracts
- PART V Enforcement and Remedies
- PART VI Miscellaneous
- PART VII Amendments, Repeals and Savings
- PART VIII Price Control
- 46. Interpretation
- 47. Prices Board
- 48. Alternate Members
- 49. General powers and duties of the Board
- 50. Powers of investigation and inquiry
- 51. Meetings of Board
- 52. Remuneration of Board members
- 53. Secrecy
- 54. Delegation of powers
- 55. General Price Orders
- 56. Special Price Orders
- 57. Applications for increased prices
- 58. Price stabilisation
- 59. Profiteering
- 60. Changes in measure or composition
- 61. Sales of goods of which prices are fixed together with other goods
- 62. Offences and penalties
- 63. Offers to sell goods
- REVISION NOTES 2008
- REVISION NOTES 2008 No. 2
Fair Trading Act 1998
CONSOLIDATED ACTS OF SAMOA 2008
FAIR TRADING ACT 1998
Arrangement of Provisions
PART I PRELIMINARY
1. Short title and commencement 2. Interpretation 3. Act binds the State 4. Objects of the Act
PART II ADMINISTRATION
5. Establishment of Division and appointment of Officers 6. Functions of the Division
PART III CONSUMER PROTECTION
7. Approved standards 8. Prohibition on supply of goods below approved standard 9. Inquiries regarding sale of goods below the approved standard 10. Failure to comply with an order 11. Product recall 12. Offence to refuse to sell goods 13. Conditional Sales Prohibited 14. Trader to display prices 15. Trader to issue receipts 16. Trader to have notice board 17. Misleading or deceptive conduct 18. False representations 19. Exclusive dealings 20. Price discrimination 21. Monopolisation 22. Pyramid selling 23. Spares or replacements to be held in stock 24. Misleading statements about certain business activities 25. Misleading conduct about after- sales service
PART IV CONDITIONS AND WARRANTIES IN CONSUMER TRANSACTIONS
26. Interpretation 27. This Part not to be excluded from contracts 28. Limitation of liability for breaches of certain conditions and warranties 29. Implied undertakings as to title 30. Supply by description 31. Implied undertakings as to quality or fitness 32. Supply by sample 33. Warranties in relation to supply of service 34. Rescission of contracts
PART V ENFORCEMENT AND REMEDIES
35. Offences and penalties 36. Offences by bodies corporate or unincorporate 37. Principal liable for offences of agents and servants 38. Indemnity for officers
PART VI MISCELLANEOUS
39. Right of appeal 40. Decision of Court to be final 41. Application of Sale of Goods Act 42. Regulations
PART VII AMENDMENTS REPEALS AND SAVINGS
43. Repeal of Commerce Act 44. Savings 45. Amendments to Consumer Information Act
PART VIII PRICE CONTROL
46. Interpretation 47. Prices Board 48. Alternate Members 49. General Powers and duties of the Board 50. Powers of Investigation and Inquiry 51. Meetings of the Board 52. Remuneration of Board Members 53. Secrecy 54. Delegation of Powers 55. General Price Orders 56. Special Price Orders 57. Applications for increased Prices 58. Price Stabilisation 59. Profiteering 60. Changes in measure or composition 61. Sales of goods of which prices are fixed together with other goods 62. Offence and Penalties 63. Offers to sell goods
_____________________________
THE FAIR TRADING ACT 1998
1998 No. 6
AN ACT to consolidate the law concerning consumer protection and for related purposes.
(19 June 1998)
BE IT ENACTED by the Legislative Assembly of Samoa in Parliament assembled as follows:-
PART 1 PRELIMINARY
1. Short title and commencement-(1) This Act may be cited as the Fair Trading Act 1998.
(2) This Act shall come into force on such date or dates as the Minister may appoint, by notice published in the Gazette or Savali, and any section or Part may be brought into effect at different times. 2. Interpretation-(1) In this Act, unless the context other-wise requires –
"Chief Executive Officer" means the Chief Executive Officer of the Ministry of Commerce, Industry and Labour:
"consumer" means, subject to subsection (2), a person who acquires goods or services other than in the course of, or for the purpose of carrying on a trade or business.
"defect in relation to goods" or "defective goods" include goods that –
(a) Are in the particular circumstances, unfit for use or are dangerous; or
(b) Do not comply with a product safety or quality standard.
"Division" means the Fair Trading Division of the Ministry established under section 5:
"goods" include –
(a) Any article or product of any type or class that is intended for sale to any person for use or consumption;
(b) The supply of gas, electricity, water and tele-communications.
"Inspector" means an officer exercising powers of inspection under the Trade, Commerce and Industry Act 1990:
"Minister" means the Minister responsible for the Ministry of Commerce, Industry and Labour:
"Ministry" means the Ministry of Commerce, Industry and Labour:
"services" include any rights, benefits, privileges and facilities that are, or are to be provided, granted or conferred under a contract for or in relation to –
(a) The performance of work (including work of a professional nature), whether with or without the supply of goods;
(b) A contract for, or involving the provision of gas, electricity, water or telecommunications;
(c) The provision, or making available for use, of facilities for amusement, entertainment, recreation or instruction; or
(d) The conferring of rights, benefits or privileges for which remuneration is payable in the form of royalty, levy or similar charge.
"trader" includes any person carrying on business as –
(a) An importer of goods for the purposes of sale or supply;
(b) A seller of goods in pursuance of a contract of sale or supply, and includes –
(i) a person who sells or supplies goods whole-sale to any other traders; and
(ii) a person who sells or supplies goods at retail rates to consumers.
(2) A person who acquires goods or services of a value being less than an amount prescribed for this purpose, for use in a business of primary production is a "consumer" for the purposes of this Act. 3. Acts binds the State - This Act binds the State in so far as the State carries on a business, whether directly or by an authority of the Government.
4. Objects of the Act-(1) The objects of the Act shall be to protect the rights and interests of consumers and to establish certain standards of conduct by those engaged in the production, sale and distribution of goods and services to consumers. (2) In the exercise of its functions under this Act, the Ministry shall have regard to the following matters -
(a) The protection of the interests of consumers;
(b) The responsibility of the manufacturer or trader to ensure that goods offered to consumers meet certain reasonable demands of durability, utility and realiability and are suited for the purpose for which they are intended;
(c) The efficient operation of any person or body engaged in the production of goods or the provision of services or in any activity connected with or incidental to the production of goods or the provision of services;
(d) To establish and maintain legal or administrative measures to enable consumers to obtain redress through procedures that are expeditious, fair, inexpensive and accessible;
(e) The need to develop, strengthen and maintain a strong consumer policy for the protection of consumers in accordance with the economic and social circumstances of the country; and
(f) Other objectives of economic and social policy of the Government.
PART II Administration
5. Establishment of Division and appointment of Officers-(1) There shall be within the Ministry and responsible to the Chief Executive Officer, a division to be known as the Fair Trading Division which shall be comprised of -
(a) A Supervisor; and
(b) Such other officers as may be necessary for the due administration of this Act.
(2) This staff of the Division shall be appointed in accordance with section 9 of the Trade, Commerce and Industry Act. 6. Functions of the Division-(1) The Division may -
(a) Advise any person in relation to the provisions of this Act and of any other legislation administered by the Division and take action for remedying infringements of, or for securing compliance with those provisions, whether on complaint or otherwise;
(b) Make available to consumers, and persons dealing with consumers general information with respect to -
(i) this Act and other legislation administered by the Division; and
(ii) matters affecting the interests of consumers.
(c) Receive complaints from any person or consumer groups on matters (including fraudulent or unfair practices) relating to the supply of goods or services, and deal with any such complaint (whether or not under paragraph (d)) in such manner as the Division considers appropriate;
(d) Investigate the matter the subject of a complaint received under paragraph (c) or refer the complaint to a public authority, or any other body, that the Division considers to be best able to take necessary action, or provide advice in relation to the complaint;
(e) Make known by publication or otherwise, for the guidance of consumers and persons dealing with consumers, the rights and obligations arising under laws relating to the interests of consumers; and
(f) Take any action and exercise any power required to implement the provisions of this Act.
(2) The Chief Executive Officer shall from time to time report to the Minister on the functions performed by the Division pursuant to subsection (1).
PART III Consumer Protection
7. Approved Standards-(1) The Minister may by regulation, prescribe product safety or quality standards for any specified kind of goods (hereinafter in this Act referred to as "approved standard").
(2) An approved standard for goods may consist of such requirements as to -
(a) Performance, composition, contents, methods of manufacture or processing, design, construction, finish, or packaging of the goods;
(b) The testing of the goods during, or after the completion of, manufacture or processing;
(c) The form and content of markings, labelling, warnings or instructions to accompany the goods;
(d) Equipment or accessories to be supplied with the goods;
(e) Minimum quality or grade which goods of a specified kind are required to conform to;
(f) Measures that manufacturers, traders or suppliers should take to ensure that goods do not become hazardous through improper handling or storage; and
(g) Such other safety standards, measures or specifications,
as are reasonably necessary to prevent or reduce risk or injury to person or damage to property or equipment.
8. Prohibition on supply of goods below approved standard-(1) A person shall not supply or trade goods in relation to which there is an approved standard, unless the goods comply with the standard.
(2) If a person supplies goods in contravention of subsection (1) and a consumer suffers loss or damage due to a defect in, or a dangerous characteristic of the goods, or by not having particular information in relation to the goods, the consumer who suffers the loss or damage shall be deemed, for the purposes of this Act to have suffered it due to the goods not having complied with the approved standard. 9. Inquiries regarding sale of goods below approved standard-(1) The Chief Executive Officer may inquire into any matter regarding the manufacture or sale of any goods which do not conform to the approved standard or specification prescribed by the Minister pursuant to section 7.
(2) At an inquiry held under subsection (1) the Chief Executive Officer shall give the person against whom such an inquiry is directed an opportunity of being heard either in person or by an agent in that behalf.