South Australian Consolidated Acts South Australian Consolidated Acts12—Rescission of consumer contract
(1) A consumer is
entitled, within a reasonable time (not exceeding seven days) after the
delivery of goods under a consumer contract, to rescind the contract on the
ground of breach of condition on the part of the supplier.
(2) The contract may
be rescinded by notice in writing served on the supplier.
(3) If the property in
the goods has passed to a consumer under a contract, and the contract has been
rescinded under this section, the property in the goods immediately re-vests
in the supplier with whom the contract was made, and the consumer must return
the goods to that supplier.
(4) In the event of
rescission under this section, the consumer may recover from the supplier, as
a debt, the amount or value of any consideration paid or provided by the
consumer under the consumer contract.
(5) If—
(a) the
goods are not returned to the supplier within a reasonable time after
rescission; or
(b) the
goods have been rendered unmerchantable after delivery to the consumer; or
(c) the
goods have been damaged by abnormal use after delivery to the consumer; or
(d) the
Magistrates Court on the application of the supplier made within 14 days of
the date of the purported rescission declares the rescission invalid on the
ground that rescission is not an appropriate remedy in view of the nature of
the goods, the conduct of the parties, or any other circumstances of the
transaction,
a purported rescission of a consumer contract under this section is void.
(6) The right of
rescission conferred by this section is in addition to, and does not derogate
from, a right of rescission under any other Act or law.