ACT No. XIV of 2009 AN ACT to amend the Consumers Affairs Act (Cap. 378).

I assent.

G EORGE A BELA

(L.S.)

President

17th July, 2009

ACT No. XIV of 2009

AN ACT to amend the Consumers 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

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".

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

(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.".

Subarticle (2) of article 44 of the principal Act shall be Amendment of

article 44 of the

amended as follows

principal Act.

(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 trader 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 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.".

In subarticle (2) of article 47 of the principal Act, for the Amendment of

words "shall prevail." there shall be substituted the words "shall article

principal Act.

prevail:", and immediately thereafter there shall be added the

following proviso

"Provided that this subarticle shall not apply to

proceedings brought under article 94.".

Passed by the House of Representatives at Sitting No. 140 of the

14th July, 2009.

L OUIS G ALEA

Speaker

P AULINE A BELA

Clerk to the House of Representatives