Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) The following requirements must be complied with in relation to a prescribed contract:
(a) the contract must set out in full all the contractual terms, including—
(i) the total consideration to be paid or provided by the consumer or, if the total consideration is not ascertainable at the time the contract is made, how it is to be calculated; and
(ii) if the contract provides for the carrying out of work of a prescribed nature—detailed particulars of the work (including any particulars of the work required by the regulations);
(b) the contractual terms must be printed or typewritten (apart from any insertions or amendments to the printed or typewritten form, which may be handwritten);
(c) the making of the contract must be completed—
(i) for a contract that is not made over the telephone—by the consumer signing the contract after it has been executed by or on behalf of the supplier; and
(ii) for a contract that is made over the telephone—by the recording of the consent of the consumer to be bound by the contract, by the supplier or a person acting on behalf of the supplier, either in writing or, with the consent of the consumer, using a recording device;
(d) the consumer must be given a copy of the contract––
(i) if the contract is negotiated in the presence of the consumer and the dealer––immediately after the making of the contract; or
(ii) if the contract is negotiated by telephone––as soon as practicable after the making of the contract;
(e) if the dealer is not the supplier—the contract must set out the full name and address of the dealer and identify that person as the dealer;
(f) for a contract that is not made over the telephone—the contract must contain the statement ‘THIS CONTRACT IS SUBJECT TO A COOLING-OFF PERIOD OF 10 DAYS' printed in upper case in type not smaller than 18 point directly above the place provided for the signature of the consumer;
(g) for a contract that is made over the telephone—the dealer must give the consumer the following as soon as practicable after the contract has been made:
(i) a copy of the contract;
(ii) a cooling-off statement which states that the consumer may rescind the contract before the end of the cooling-off period if the consumer gives the dealer notice of the rescission within the period;
(h) for a contract that is not made over the telephone—subject to subsection (2), the dealer must give the consumer the following immediately before the making of the contract:
(i) a notice explaining the right of the consumer to rescind the contract; and
(ii) a notice that may be used by the consumer to rescind the contract;
(i) for a contract that is made over the telephone—subject to subsection (3), the dealer must give the consumer the following as soon as practicable after the contract has been made:
(i) a notice explaining the right of the consumer to rescind the contract; and
(ii) a notice that may be used by the consumer to rescind the contract;
(j) the notices referred to in paragraph (h) must—
(i) be printed or typewritten (apart from any insertion, which may be handwritten); and
(ii) set out the full name and address of the supplier and identify that person as the supplier; and
(iii) be separate from and not attached to, any other document;
(k) the printing or typewriting of the contract, the statement referred to in paragraph (f) and the notices referred to in paragraph (h), must be readily legible;
(l) any handwriting (apart from a signature or initial) in the contract or a notice referred to in paragraph (h) must be readily legible.
Note If a form is approved under s 20 (Approved forms) for a notice under par (h) (i) or (ii), the form must be used.
(2) For a contract that is not made over the telephone—before giving the notice referred to in subsection (1) (h) (i) to a consumer, the dealer shall read the notice aloud to the consumer.
Maximum penalty: $2 000.
(3) For a contract that is made over the telephone—before the consumer consents to be bound by the contract, the dealer must read the notice mentioned in subsection (1) (i) (i) aloud to the consumer.
Maximum penalty: $2 000.
(4) If any of the requirements of subsection (1) is, without reasonable excuse, not complied with, the supplier and the dealer each commit an offence.
Maximum penalty:
(a) for an individual—$5 000; or
(b) for a body corporate—$25 000.
(5) If a consumer acknowledges, in writing, receipt of a document required to be given under subsection (1), the acknowledgment is, in the absence of proof to the contrary, evidence that the document was given to the consumer in accordance with that subsection.