Australian Capital Territory Consolidated Acts

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DOOR-TO-DOOR TRADING ACT 1991 - SECT 12

Rescission—right of consumer

    (1)     A consumer may rescind a contract to which this Act applies (whether or not the contract is a prescribed contract) within 6 months of the date of the contract—

        (a)     if the contract or a related contract or instrument contains a provision contrary to section 5; or

        (b)     if the supplier or a dealer commits an offence against part 3 in the course of, or in relation to, the negotiations leading to the making of the contracts.

    (2)     A consumer may rescind a prescribed contract—

        (a)     at any time before the end of the cooling-off period; or

        (b)     if there has been a failure to comply with any of the requirements of section 7 (1) in relation to the contract—within 6 months of the date of the contract.

    (3)     A right of rescission given by this section may be exercised—

        (a)     notwithstanding affirmation of the contract by the consumer; and

        (b)     notwithstanding that the contract has been fully executed.

    (4)     The rights given by this section are in addition to and do not derogate from any other rights that the consumer may have at law or in equity.



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