Queensland Consolidated Acts Queensland Consolidated Acts(1) Where in respect of a purchase to which section 21(1)20 relates--
(a) there has not been given to the purchaser or the purchaser's agent a statement in writing in accordance with, or that pursuant to section 21(4) sufficiently complies with, section 21(1); or
(b) there has not been given to the purchaser or the purchaser's agent when required by section 22(1)21 a statement in writing in accordance with that section; or
(c) a statement in writing in accordance with, or that pursuant to section 21(4) sufficiently complies with, section 21(1) (whether given in due time in accordance with that section or at a later time) and a statement in writing in accordance with section 22(1), have been given to the purchaser or the purchaser's agent;
the purchaser may avoid the instrument made in respect of the purchase of the proposed lot by notice in writing given to the vendor or the vendor's agent if the purchaser has been materially prejudiced by the failure to give a statement in writing referred to in paragraph (a) or (b) or, in the case referred to in paragraph (c), by the inaccuracy of any particular in the statement in writing first mentioned in that paragraph.
(2) A notice of avoidance under subsection (1), if it is to be effectual, shall be given--
(a) before a registrable instrument of transfer that relates to the lot in question has been delivered by the vendor or the vendor's agent to the purchaser or the purchaser's agent; or
(b) where the purchaser seeks to avoid the instrument in question by reason of the inaccuracy of any particular in the statement in writing given in accordance with, or pursuant to section 21(4) in sufficient compliance with, section 21(1)--
(i) before the expiration of a period of 30 days after the receipt by the purchaser or the purchaser's agent of the statement in writing given in accordance with section 22(1); or
(ii) before the delivery of a registrable instrument of transfer as aforesaid;
whichever occurs sooner.