Queensland Consolidated Acts

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FAIR TRADING ACT 1989 - SECT 66

66 Right of rescission

(1) A consumer may rescind a contract to which this division 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 59; or
(b) if the supplier or a dealer commits an offence against section 50, 63 or 64 in the course of, or in relation to, the negotiations leading to the formation of the contract.

(2) A consumer may rescind a prescribed contract--

(a) at any time before the expiration of the cooling-off period; or
(b) if there has been a failure to comply with any of the requirements of section 61 in relation to the contract--within 6 months of the date of the contract; or
(c) if the supplier or dealer commits an offence against section 62 in relation to the prescribed contract or a related contract or instrument--within 6 months of the date of the prescribed contract.

(3) A right of rescission conferred by this section may be exercised--

(a) despite affirmation of the contract by the consumer; and
(b) even though the contract has been fully executed.


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