South Australian Consolidated Acts

FAIR TRADING ACT 1987 - SECT 22

22—Right of rescission

        (1)         A consumer may rescind a contract to which this Part 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 15; or

            (b)         if there has been a contravention of, or failure to comply with, Division 3 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 contravention of, or failure to comply with, section 17 or 18 in relation to the contract or a related contract or instrument—within 6 months of the date of the contract.

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

            (a)         despite affirmation of the contract by the consumer; and

            (b)         despite the fact that the contract has been fully executed.