Australian Capital Territory Consolidated Acts

LAY-BY SALES AGREEMENTS ACT 1963 - SECT 12

    (1)     The seller under a lay-by sale agreement shall—

        (a)     if the goods are in the possession of the seller at the time when the lay-by sale agreement is made—at that time; or

        (b)     if the goods are not in the possession of the seller when the lay-by sale agreement is made—at the time when they are inspected and approved by the buyer;

securely label the goods in the prescribed way and shall set aside and keep the goods in his or her possession.

Maximum penalty: 50 penalty units.

    (2)     The prescribed way, for subsection (1) is to attach securely—

        (a)     if the goods are unwrapped—to the goods; or

        (b)     if the goods are wrapped—to the wrapping;

a label stating the recorded number of the lay-by sale agreement in the records kept by the seller under section 5.

    (3)     The seller shall, when requested to do so by the buyer or a police officer, produce the goods and the records kept by him or her relating to the lay-by sale agreement for the inspection of the buyer or police officer.

Maximum penalty: 50 penalty units.

    (4)     If a seller under a lay-by sale agreement fails to comply with subsection (1) or (3), the lay-by sale agreement is voidable at the option of the buyer and, if the buyer avoids the lay-by sale agreement, the buyer is entitled to recover, as a debt due and payable to him or her by the seller, any money, being part of the purchase price, paid by the buyer under the lay-by sale agreement.