South Australian Consolidated Acts South Australian Consolidated Acts (1) Where a
contract to which this Part applies is rescinded under this Division,
restitution must be made by the parties to the contract as follows—
(a) the
supplier must return or refund to the consumer any consideration or the value
of any consideration given by the consumer under the contract or a
related contract or instrument;
(b) the
consumer must—
(i)
return or refund to the supplier any goods or the value
(as at the date of supply) of any goods received from the supplier under the
contract; and
(ii)
pay to the supplier the value of any services supplied
under the contract up to the time of rescission (but not including the value
of any such services supplied under a prescribed contract before the
expiration of the cooling-off period in contravention of this Part).
(2) Where the consumer
makes goods available for collection by the supplier at the place at which
they were received from the supplier for the period of 28 days from the date
of rescission of the contract and the supplier fails to collect the goods
before the expiration of that period, the consumer will be taken to have made
restitution in respect of those goods as required by subsection (1) and
the goods become the property of the consumer free of any other right or
interest.
(3) Where the consumer
returns goods to the supplier under this section but has failed to take
reasonable care of the goods, the consumer is liable to pay compensation to
the supplier for the damage to or depreciation in the value of the goods, but
the consumer is not liable for any such damage or depreciation attributable to
normal use of the goods or circumstances beyond the control of the consumer.
(4) Where restitution
of goods is not possible (because the goods have been consumed or affixed to
land, because a third party has acquired an interest in the goods, or for any
other reason), the impossibility of restitution of the goods is not a bar to
rescission under this Division but, in that event, the consumer is liable to
pay to the supplier the value of the goods as at the date of supply.
(5) The obligations
imposed by this section may be enforced by action in any court of competent
jurisdiction.
(6) A court convicting
a supplier of an offence against this Part is competent to make orders, on the
application of the prosecutor, for the enforcement of obligations imposed by
this section.
(7) A person who fails
to comply with an order under subsection (6) is guilty of an offence.
Maximum penalty: $10 000.