New South Wales Consolidated Acts

FITNESS SERVICES (PRE-PAID FEES) ACT 2000 - SECT 17

17 Civil consequences of contravention of Act

(1) Any pre-paid fee for a fitness service that was accepted or received:

(a) under a fitness service agreement that is terminated by operation of section 10 (3), or

(b) in contravention of a provision of Part 2,

is a debt due to the consumer of the service on and from the date of termination or contravention (as the case may be) and is recoverable in a court of competent jurisdiction.

(2) Any pre-paid fee for a fitness service that is recoverable by the consumer of the service under subsection (1) may be recovered from any of the following:

(a) the supplier of the service,

(b) if the supplier is a corporation-any person who is a director of the corporation or who is concerned in the management of the corporation where that person knowingly authorised or permitted:

(i) the failure to commence to provide the agreed service leading to the termination of a fitness service agreement by operation of section 10 (3) giving rise to the right of recovery under subsection (1), or

(ii) a contravention of Part 2 giving rise to the right of recovery under subsection (1).

(3) However, nothing in subsection (2) entitles a consumer of a fitness service to recover more than the amount of the pre-paid fee paid by the consumer (together with any appropriate award of interest).

(4) Nothing in subsection (1) or (2) affects or limits:

(a) any other right to recover a pre-paid fee for a fitness service that the consumer may have, or

(b) any right to contribution, or claim by way of set off, counterclaim or cross-action, that a person may have (whether at law or in equity) in respect of a debt recoverable under this section from that person.