Consumer Protection (Fair Trading) Act 2003 · 2020 Revised Edition · Part 4 · General
41. Burden of proof
Feedback & supportIf, in any proceedings taken in any court between a consumer and a supplier in relation to a consumer transaction, any dispute arises as to whether the supplier has complied with any specified requirement of this Act or the regulations made under this Act, the burden of proving that the supplier has so complied is on the supplier.
consumer
“consumer” means an individual who, otherwise than exclusively in the course of business —(a)receives or has the right to receive goods or services from a supplier; or(b)has a legal obligation to pay a supplier for goods or services that have been or are to be supplied to another individual;
The Minister may, by regulations, specify the requirements of this Act or the regulations made under this Act to which subsection (1) applies.
This section does not affect any other rule of law that places a burden of proof on the supplier.[18A
supplier
“supplier” means a person who, in the course of the person’s business —(a)provides goods or services to consumers;(b)manufactures, assembles or produces goods;(c)promotes the use or purchase of goods or services; or(d)receives or is entitled to receive money or other consideration as a result of the provision of goods or services to consumers,and includes any employee or agent of the person, and the word “supply”, with its grammatical variations and cognate expressions, has corresponding meanings;