South Australian Consolidated Acts

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FAIR TRADING ACT 1987 - SECT 23

23—Exercise of right of rescission

        (1)         A consumer exercises a right of rescission conferred by this Division by giving notice of rescission to the supplier.

        (2)         The notice of rescission

            (a)         must be in writing in the form prescribed by the regulations or in a form that clearly indicates an intention on the part of the consumer to rescind the contract; and

            (b)         must (except in the case of a notice given in respect of a prescribed contract during the cooling-off period) state the ground of rescission; and

            (c)         must be given to the supplier

                  (i)         by delivering it personally to the supplier; or

                  (ii)         by delivering it, or sending it by post, in an envelope addressed to the supplier, to the supplier's address.

        (3)         A notice of rescission sent by post to a supplier in accordance with subsection (2) will be taken to have been given to the supplier at the time of posting.

        (4)         In this section, a reference to the supplier's address is a reference to—

            (a)         a place at which the supplier resides or carries on business; or

            (b)         the supplier's address as shown on a notice given to the consumer under this Part.



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