Commonwealth Numbered Acts

TRADE PRACTICES ACT 1974 No. 51, 1974 - SECT 74

74. (1) In every contract for the supply (otherwise than by way of competitive
tender) by a corporation in the course of a business of services to a consumer
there is an implied warranty that the services will be rendered with due care
and skill and that any materials supplied in connexion with those services
will be reasonably fit for the purpose for which they are supplied.

(2) Where a corporation supplies (otherwise than by way of competitive tender)
services to a consumer in the course of a business and the consumer, expressly
or by implication, makes known to the corporation any particular purpose for
which the services are required or the result that he desires the services to
achieve, there is an implied warranty that the services supplied under the
contract for the supply of the services and any materials supplied in
connexion with those services will be reasonably fit for that purpose or are
of such a nature and quality that they might reasonably be expected to achieve
that result, except where the circumstances show that the consumer does not
rely, or that it is unreasonable for him to rely, on the corporation's skill
or judgment.
(3) In this section, "services" means services by way of-

   (a)  the construction, maintenance, repair, treatment, processing, cleaning
        or alteration of goods or of fixtures on land;

   (b)  the alteration of the physical state of land;

   (c)  the distribution of goods; or

   (d)  the transportation of goods.